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MVNO agreement—checklist

MVNO agreement—checklist This Checklist covers some of the main provisions to be included in a mobile virtual network operator (MVNO) agreement under which a mobile network operator supplier will provide wholesale access services to an MVNO for resale to its own retail customers. It covers some of the main provisions that are specific to an agreement of this kind. See also the Precedent: MVNO agreement. In this Checklist, the following definitions are used: • Agreement—means the MVNO agreement between the MVNO and the Supplier for the provision of the Services • End-User—means a customer of the MVNO • IPR—means intellectual property rights • MVNO—means mobile virtual network operator, the customer in the Agreement • Services—means the wholesale network services being provided to the MVNO by the Supplier • Supplier—means the mobile network operator providing network services to the MVNO The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) General terms and conditions ☐ Consider duration....

Bank Recovery and Resolution Directive (BRRD)—timeline [Archived]

Bank Recovery and Resolution Directive (BRRD)—timeline [Archived] Archived:This timeline has been archived. For developments from January 2024 onwards, see EU Bank Recovery and Resolution Directive—timeline if they relate to the EU BRRD, or UK bank recovery and resolution regime—timeline if they relate to the UK bank recovery and resolution regime, For further guidance on the EU BRRD, see Practice Note: Bank Recovery and Resolution Directive (BRRD)—essentials. For further guidance on the UK bank recovery and resolution regime, see Practice Note: The UK bank recovery and resolution regime. Date Source Document Description 20 December 2023 European Banking Authority The EBA publishes amendments to disclosures and reporting on MREL and TLAC The European Banking Authority (EBA) has published its final draft implementing technical standards (ITS) on amendments to disclosure and reporting of the minimum requirement for own funds and eligible liabilities (MREL) and the total loss absorbency requirement (TLAC). The amendments reflect the new requirement to deduct investments in eligible liabilities instruments of entities belonging to the same resolution group, the...

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Protective costs orders (PCOs) in environmental matters—flowchart

Protective costs orders (PCOs) in environmental matters—flowchart This flowchart outlines the different scenarios that apply to protective

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UK GDPR—adequacy regulations—tracker

UK GDPR—adequacy regulations—tracker This Practice Note tracks the status of adequacy regulations relating to transfers of personal data outside the UK or to international organisations under the United Kingdom General data Protection Regulation, Assimilated Regulation (EU) 2016/679 (the UK GDPR). For a comprehensive introduction to the UK GDPR, collating key practical guidance, see Practice Note: The UK General Data Protection Regulation (UK GDPR)—Summary of key legislation, and the Data protection toolkit. Background Article 44 of Chapter V of the UK GDPR prohibits the transfer of personal data to a third country outside of the UK, or an ‘international organisation’ (a restricted international transfer). However, a restricted international transfer of personal data may be permitted where the transfer is: • based on an adequacy regulation further to Article 45 of the UK GDPR and related provisions of the Data Protection Act 2018 (DPA 2018) • subject to appropriate safeguards further to Article 46 of the UK GDPR, or • in accordance with specific exceptions/derogations Article 45 of the...

Fixed costs in road traffic accident claims

Fixed costs in road traffic accident claims NOTE: the CPR was amended on 1 October 2023 to extend the application of fixed costs. These amendments apply where the cause of action accrues on or after 1 October 2023 (the date of accrual will usually be the date of the accident). The version of CPR 45 in force before 1 October 2023 is referred to in this Practice Note as ‘Rule’ or ‘Part’. For a copy of Part 45 in force prior to 1 October 2023, see: NOTE: The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (RTA SCP) applies to accidents which occurred on or after 31 May 2021. The small claims track limit for personal injury claims arising from a road traffic accident has been increased to £5,000 in respect of general damages for pain, suffering and loss of amenity (subject to exceptions). Under the RTA SCP, legal costs (other than disbursements) are not recoverable from the defendant. For further details,...

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Step-in rights and SRA compliance clauses: law firm outsourcing agreement

1 Definitions for Step-in rights and SRA compliance clauses: law firm outsourcing agreement Applicable Laws means: (a) the laws of England and Wales [and [insert other specific applicable laws, eg of other jurisdictions where the Services will be performed]]; (b) any other laws or regulations; (c) any industry codes, policies or guidelines issued by a Regulator as notified to Supplier by Customer from time to time in each case, as these are applicable to the performance of the Services; Confidential Information ...

Licence to carry out environmental investigations

Licence to carry out environmental investigations Parties 1 [insert name of licensor] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensor) 2 [insert name of licensee] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensee) 1 Background (A) The Licensor is the registered [freehold OR leasehold] owner of the Property. (B) The Licensee has expressed an interest in [acquiring OR leasing] the Property. (C) The Licensor will permit access to the Property by the Licensee and the Consultant for the purpose of carrying out investigations as to ground conditions at, in, on, under or about the Property, subject to the terms of this Licence. 2 Definitions Competent Authority • means any statutory undertaker or any public local or other authority or regulatory body or government department, or any other body exercising powers under statute or by royal charter or any court of law or any...

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Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information?

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information? This Q&A assumes that the organisation that has received the SAR is a ‘controller’ of the relevant data. For an introduction to the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime, including key data protection terms and concepts, such as ‘personal data’, 'processing', 'data subject' and ‘controller’, see: Data protection toolkit. As further explained in Practice Notes: The UK GDPR and DPA 2018 for insurers and Data subject rights—access, Article 15 of the UK GDPR gives individuals a right to obtain confirmation from a data controller as to whether or not personal data concerning them is being processed, and where it is, access to the personal data and certain further information. A request for such information is commonly known as a ‘subject access request’ (or a 'SAR' or 'DSAR'). In order to assist...

Does a de jure director of a company have a general right to see legal advice obtained by the company? What if the legal advice concerns the director and may have been prepared in contemplation of bringing or defending proceedings against them?

Does a de jure director of a company have a general right to see legal advice obtained by the company? What if the legal advice concerns the director and may have been prepared in contemplation of bringing or defending proceedings against them? There is no general right for a director to see legal advice obtained by a company. Whether it is appropriate for the director to do so in any particular situation depends on careful consideration of the directors’ statutory and fiduciary duties and the company’s constitution. The legal powers available to any directors are powers to act on behalf of their company. A director of a limited company is effectively an agent of the company, appointed by the shareholders to manage the company’s affairs. Generally, directors will act together as a board, but the board may also delegate certain of its powers to individual directors or to a committee of the board. As a consequence, any powers directors may have are not independent of the company...

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COVID-19 business interruption insurance (Liberty Mutual v Bath Racecourse)

Insurance & Reinsurance analysis: The Court of Appeal has given a further COVID-19 business interruption judgment on two important issues. First, whether each insured company under a composite policy was entitled to a separate limit of indemnity or, as insurers contended, the limit was an aggregate limit applicable to all insureds collectively. The Court of Appeal held in favour of insureds on this point. Second, and considered for the first time by the Court of Appeal, whether insureds must give credit for furlough payments received during the pandemic when calculating their business interruption losses. The Court of Appeal held, on the wording of the policies in this case, that they did. The court’s decision on both issues will have significant implications for many businesses seeking to claim COVID-19 business interruption losses. Written by Josephine Higgs KC, 7 King’s Bench Walk.

AI model providers see more flexibility in EU code of practice

MLex: Companies providing the most powerful AI models are seeing a new version of a code of practice to help them comply with the EU's AI Act. The new rules are less prescriptive and more outcome-oriented. Noteworthy changes include a shortened risk taxonomy, toned-down whistleblower protection, more clarity on when third-party evaluators would be required, and a suggestion to introduce a review mechanism, including for emergency cases.