Contract

Subscribe to Contract via RSS

The new Enforcement and Modernisation Directive 2019/2161, more commonly known as the ‘Omnibus Directive’ (the Directive), aims to strengthen consumer rights through enhanced enforcement measures and increased transparency requirements.

Key dates

EU Member States must adopt national implementation measures by 28 November 2021. The new requirements set out in the Directive must then come into force by 28 May 2022.

Who the Directive applies to

Those engaged in online business-to-consumer (B2C) transactions as well as companies offering digital services to consumers where payment by the consumers is in the form of personal data rather than money, will fall under the remit of the Directive.Continue Reading New Deal for EU Consumers- the Omnibus Directive explained

The Scottish Courts have given an interesting decision in relation to IT contracts, relating to the allocation of delivery risk between supplier and customer and the importance of doing what it says in the contract.

In David MacBrayne Limited v Atos IT Services (UK) Limited (2018), Atos, a supplier, had entered into an agreement with David MacBrayne Limited to supply a digital platform. The engagement was not successful and the parties claimed and counter-claimed against each other for material breach of the contract (amongst other things).

Customer Dependencies – Whose Responsibility is Delivery?

IT contracts will often include dependencies on…
Continue Reading IT Contracts Case Law Update: Allocation of Delivery Risk

Last week MoneyConf firmly put Dublin in the Fintech spotlight. The pressure on financial services firms to make better use of technology to reduce costs and improve customer service shows no sign of relenting. At the same time they need to carefully navigate the related regulatory challenges around technology outsourcing. A member of the ECB Supervisory Board recently observed that banks are not “technological houses” and said that the fragmentation of banks’ services across a range of external providers creates a “challenge” for banks’ leaders, who retain responsibility. This statement will resonate, in particular, with financial institutions looking to understand how much they are currently using, and how they can make more and better use of, cloud based technology solutions.
Continue Reading European Banking Authority Recommendations on Outsourcing to Cloud Service Providers

In Case C-375/15 (the BAWAG case), the CJEU examined the scope of a payment service provider’s obligation to communicate changes to information and conditions, and to framework contracts, to e-banking customers.  In particular, the CJEU considered whether a bank may notify its customers of account information and contractual changes via an electronic banking mailbox.  The CJEU clarified the conditions that must be met for information to be “provided” to customers on a “durable medium”, as required by the Payment Services Directive (PSD) (2007/64/EC).
Continue Reading Communicating with online banking customers