Technology Replacement Clause Requires Actual Replacement
Client Alert | less than 1 min read | 09.28.10
Some technology contracts have included "replacement" clauses which put limits on the agency's use of its termination for convenience power to flip to another vendor simply to get a better price. The Federal Circuit in McHugh v. DLT Solutions, Inc. (Sept. 23, 2010), held that, when the agency in such a clause had only agreed not to "replace" the leased software with "functionally similar equipment and/or software" for one year after termination or expiration of the lease, it did not breach when it did not install the leased software and continued to use its prior software.
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EU–Brazil Mutual Adequacy: A Milestone for Global Data Flows and Latin America’s Digital Positioning
On January 27, the EU and Brazil announced their positive determination on the mutual adequacy of Brazil’s and the EU’s data privacy frameworks — confirming the growing importance of transatlantic data transfers and the EU-Mercosur relationship. This adequacy decision, while not formally tied to the EU-Mercosur trade negotiations, is a historic development that can facilitate cross-border data transfers and fuel shared economic growth driven by data-centered service sectors.
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