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Unfair Contract Terms European Union

Hogan Lovells

EU Data Act: Unfair contractual terms

Hogan Lovells on

In accordance with Art. 13 of Regulation (EU) 2023/2854 ("Data Act"), certain contractual terms in contracts that regulate rights and obligations in relation to data from connected products (e.g., smart heat pumps, connected...more

A&O Shearman

Limitation of liability under the microscope

A&O Shearman on

The High Court has held a limitation clause in a research agreement would be effective to limit liability for dishonesty, though not fraudulent misrepresentation. Research paper errors give rise to dispute - Innovate...more

White & Case LLP

Entry into force of the prohibition of unfair terms in B2B contracts: are you ready?

White & Case LLP on

On 1 December 2020, the prohibition of unfair terms in B2B contracts imposed by the law of 21 March 2019, will enter into force. From now on, any contractual terms creating a manifest imbalance between the rights and...more

Orrick - Finance 20/20

ECJ Rules on Powers of National Courts to Modify or Replace Unfair Terms in Consumer Contracts

Orrick - Finance 20/20 on

In two joined cases, Abanca Corporación Bancaria SA v García Salamanca Santos (Case C-70/17) and Bankia SA v Lau Mendoza and Rodríguez Ramírez (Case C-179/17) EU:2019:250, the European Court of Justice (ECJ) considered the...more

Orrick - Finance 20/20

EC Publishes “New Deal for Consumers” Package

Orrick - Finance 20/20 on

The European Commission (“EC“) has published its “New Deal for Consumers” package. The package comprises 16 documents, some yet to be published....more

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