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TECHNOLOGY, OUTSOURCING, AND COMMERCIAL TRANSACTIONS
NEWS FOR LAWYERS AND SOURCING PROFESSIONALS

As the European Union (EU) and Asia-Pacific Economic Cooperation (APEC) issue new rules on data protection, companies need to ensure their policies comply with the applicable regulations in this ever-changing landscape. The increasing requirements placed on companies bring to mind a famous quote: “With great power comes great responsibility.” Yes, Spiderman’s Uncle Ben said that, but the quote has particular applicability to the circumstances faced by multinational companies that have now been equipped with technology to transmit and access data across the world in the blink of an eye. Various data protection requirements have accompanied this “great power” of data transfer, particularly with respect to the transfer of personal data.

Recently, I found myself explaining that auto-renewal provisions in contracts may not be so automatic in certain states. The discussion arose when my wife stumbled across a $180 charge on our credit card statement for a subscription to a sports package that she previously was unaware of. I explained to her that I had been ordering the subscription for years and that the subscription auto-renewed for the following season unless I opted out within a certain time frame, which had already passed. Afterwards, the following conversation may or may not have taken place:

A recent opinion from the Supreme Court of India in a case over cricket broadcasting rights settles the score on how the country will deal with foreign arbitration. An online search for cricket—by far the most popular sport in India—will, on most days, yield coverage of the Indian national cricket team or India’s professional cricket league, the Indian Premier League (IPL). These days, a search will return news about the dispute over cricket media rights that made its way to the Indian Supreme Court. In World Sport Group (Mauritius) Ltd. (WSG) v. MSM Satellite (Singapore) Pte. Ltd. (MSM), the Supreme Court signaled that India’s courts will not interfere in foreign arbitration by concluding that a contractual dispute between WSG and MSM must be decided by the International Chamber of Commerce (ICC) in Singapore, as agreed to by the parties, despite an allegation of fraud.

As more clients use ITIL®—a standard for best practices in providing IT services—IT lawyers who are unfamiliar with the standard should familiarize themselves with its basic principles. This is particularly important as clients are integrating ITIL terminology and best practices (or modified versions thereof) into their service delivery and support best practices as well as the structure and substantive provisions of their IT outsourcing and services contracts.

Australian businesses and agencies should take note of amendments to Australia’s Privacy Act, which regulates how organizations collect, handle, and disclose personal information within Australia. The new amendments, which took effect on March 12, are described below.

Who is covered under the amended act?

The Privacy Act applies to any private sector business that has a turnover of greater than AUD3 million (USD2.7 million) or that handles personal information for a benefit, service, or advantage or any entity that handles health or other sensitive information.

We hope our readers will join us for our annual outsourcing and commercial transactions event on April 10 at Morgan Lewis’s Philadelphia office. Topics discussed will include innovation and changing technologies, changing sourcing models, and screening requirements in outsourcing and services transactions. The event will offer opportunities to network with outsourcing and commercial transactions lawyers and sourcing professionals from the top companies in the region. Click here for more information.