Tech & Sourcing @ Morgan Lewis

TECHNOLOGY TRANSACTIONS, OUTSOURCING, AND COMMERCIAL CONTRACTS NEWS FOR LAWYERS AND SOURCING PROFESSIONALS
The UK government published a white paper on March 29 setting out a “pro-innovation” UK regulatory framework for artificial intelligence (AI). The framework centers upon five cross-sectoral principles, of which implementation will be context-specific to the use of AI, rather than the technology itself. The government does not propose introducing a new regulator or any new legal requirements on businesses, instead leveraging existing powers of UK regulators and their domain-specific expertise.
Although the metaverse as a retail market is a relatively new idea, both established and emerging fashion brands are trying to make the most of this new way of engaging with customers. Combining aspects of virtual reality, augmented reality, and mixed reality, the metaverse allows businesses to connect directly with consumers and to conduct business on a new global, digital platform.
With record sales topping $544 billion in 2022 and no sign of descent in sight, the public cloud and related services continue to soar to new heights.
The decision to terminate an agreement cannot be taken lightly. In exercising the option, understanding the key terms of the agreement and necessary steps to effectuate the termination are critical. As we have previously highlighted in past Contract Corners, termination provisions may include a variety of mechanisms built into them and one cannot assume that all termination provisions require the same steps to be taken. When considering a termination, a party must take the time to assess the actual termination rights under the agreement, what, if any, notice period will apply, and whether the termination will result in any payment or other obligations.
Please join us on Wednesday, February 8, 2023, at 12:00 pm–1:00 pm ET, as Morgan Lewis partner Peter Watt-Morse and associates Katherine O’Keefe and James Mulligan discuss issues unique to Anything as a Service (XaaS) agreements and important factors for service providers and their customers to consider.
As we reach the end of the year 2022, we have once again compiled all the links to our Contract Corner blog posts, a regular feature of Tech & Sourcing @ Morgan Lewis. In these posts, members of our global technology, outsourcing, and commercial transactions practice highlight particular contract provisions, review the issues, and propose negotiating and drafting tips.
The European Union (EU) Commission released its Draft Adequacy Decision for the EU-US Data Privacy Framework on December 13, which, in conjunction with President Biden’s executive order issued on October 7, will further facilitate trans-Atlantic data flows. The Draft Adequacy Decision mirrors the executive order, which established safeguards relating to the handling of personal information in the course of signals intelligence activities. If and when adopted, the adequacy decision will impact contractual requirements and processes by restoring data flows through a new Trans-Atlantic Data Privacy Framework.
Please join us on Wednesday, December 14, 2022, at 12:00 pm to 1:00 pm ET, as Morgan Lewis partner Doneld G. Shelkey and associates Charlotte Roxon and Jesse R. Taylor explain the metaverse and current projects and initiatives, including blockchain-related transactions, that are laying the foundation for this new virtual space.
Although data security concerns may have held back early adoption, the COVID-19 pandemic accelerated cloud usage and digital transformation within public service organizations in many countries around the world. In a recent study, Accenture surveyed 364 public service executives at both the local and federal levels in six countries—Australia, Canada, Germany, Singapore, the United Kingdom, and the United States—to learn about the public sector’s cloud adoptions strategies.
On September 22, the Office of Communications (Ofcom)—the United Kingdom’s communications regulator—announced and released a program of work stating its intention to examine the position of the largest providers of cloud services (known as “hyperscalers”) in the United Kingdom’s £15 billion ($16.7 billion) cloud services market.