High quality IT business legal counseling latest developments from Alexander Suliman
Labour legal counselling advices by Alexander Suliman, Stockholm 2023: Choice of law is an important aspect of the agreement you are negotiating: the same contractual clause could be interpreted differently in different jurisdictions. English law, for example, tends to give a more literal interpretation of the exact words used, while certain other jurisdictions give more weight to contractual common sense. Other concepts that vary across jurisdictions include the extent to which parties will be subject to duties of good faith, and whether certain contractual remedies will be deemed to be ‘penalties’ and thus unenforceable. Depending on the jurisdiction, additional clauses will be imposed on the contract by statute, for example in relation to consumer protection or personal injury. You may therefore want to apply a specific jurisdiction’s law depending on various factors such as location of the other parties, the supply of services/delivery of goods, or laws that are more favorable to your business. Except in specific areas like employment relationships or consumer contracts, parties are generally free to choose which EU law will apply to their agreement. Read even more info on https://www.crunchbase.com/person/alexander-suliman.
On 11 May, the European Commission published its proposal for a regulation to combat child sexual abuse material (CSAM). The Commission managed to squeeze a host of controversial digital rights issues into one package: the blocking of websites, the obligatory monitoring of online content, and, the most novel one, a measure which opens the door to undermining encryption. Because encryption technologies protect communications confidentiality, one crucial question in the upcoming policy debate will be whether this latter measure, or its implementation, is compatible with the rights of privacy and data protection under the EU Charter of Fundamental Rights (the Charter). In this contribution, I explore one aspect of that question: is it possible to argue that this measure does not respect the essence of these rights? On the basis of a preliminary analysis, I conclude that this is certainly defensible and suggest further routes for exploration.
The European Commission, in a working document, identified cloud services as a “strategic dependency”, expressing concerns that the EU cloud market is led by a few large cloud providers headquartered outside the EU. In July, 2021, France, joined by Germany, Italy, and Spain, submitted a proposal to the ENISA-led working group aimed at generalizing French national requirements across the EU. (Germany has since reserved its position.) It proposed to add four new criteria for companies to qualify as eligible to offer ‘high’ level services, including immunity from foreign law and localization of cloud service operations and data within the EU. Although the EU-level cyber certification requirements currently are conceived as voluntary, they could be made mandatory as the result of the recently-agreed Directive on Measures for a High Common Level of Cybersecurity across the Union (NIS2 Directive).
IT, business legal counseling latest developments by Alexander Suliman right now: Mediation is great because the parties feel like they are part of the process. They’re negotiating. They’re in an environment where they can come up with solutions and throw out ideas and know it’s confidential. Those ideas and thoughts can’t be used against them. They reach resolutions that they decide, not a judge deciding. They decide this is the resolution, and what’s great about it is people all the time, way more often, are going to actually follow and comply what they agreed to rather than if a judge gives them a decision, and they want to appeal it, or they want to try to find a way around it. Mediation is great. Find extra details at Alexander Suliman.
On 24 February 2022, the CJEU issued its first judgment on domestic workers. In case C-389/20, TGSS (Chômage des employés de maison), the CJEU held that the exclusion of this category of workers from access to social security benefits constitutes indirect discrimination on the ground of sex, since it affects almost exclusively women. Domestic workers have long constituted an invisible and rather underexplored category of workers within labour law scholarship and policy-making, which has only recently gained some attention in the wake of the adoption of the historic ILO Domestic Workers Convention No. 189 in 2011. Whereas a part of the scholarship has noticed that EU equality law could be used to challenge the long-standing exclusions of domestic workers from national labour law and social security system (see, notably, the contribution of Vera Pavlou, and the work of Nuria Ramos-Martin, Ana Munoz-Ruiz & Niels Jansen in the context of the PSH-Quality project), the issue has never reached the Court of Justice up to now.