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In this issue: Commercial Competition and state aid Corporate Data protection and cyber security Dispute Resolution Financial services Energy Environment IP Life sciences Regulatory TMT International trade LexTalk®EU Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers Commercial European Parliament adopts text to establish EU-wide digital wallet The European Parliament has approved the text of a proposal to amend Regulation (EU) No 910/2014 (the eIDAS Regulation) to create a European Digital Identity framework, building on the 2023 provisional deal struck with the Council of the EU on a pan-European digital identity scheme. Use of the EU wallet will be optional. During the talks, MEPs won safeguards to uphold individuals’ rights and to ensure inclusion by preventing any disadvantage to those who choose not to adopt the wallet. The measure also ensures EU wallet holders can access free ‘qualified electronic signatures’, which...
In this issue: Commercial Data protection and cybersecurity Financial services Energy Environment IP Life sciences TMT LexTalk®EU Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Commercial Council of the EU adopts Directive on right to repair The Council of the EU has approved a Right to Repair Directive aimed at encouraging the fixing of broken or faulty goods. It seeks to make repair services easier to access, more transparent and appealing, and brings in measures that include a European online portal for consumers to find repair providers, plus a 12-month extension to the legal guarantee when a customer chooses repair instead of replacement. Following signature by the President of the European Parliament and the President of the Council, the Directive will be published in the Official Journal of the EU and will take effect 20 days after publication. See: LNB News 30/05/2024 58...
In this issue: Data protection ePrivacy Daily and weekly news alerts New and updated content Data protection Government launches consultation on introduction of voluntary digital ID for public services The Cabinet Office, working alongside the Department for Science, Innovation and Technology, has opened a consultation on proposals to create a voluntary national digital identity document (ID) for use when accessing public services. The exercise invites opinions on the planned system’s design, scope and governance. The government’s aim is for the digital ID to build upon existing identity verification frameworks. Participation would be optional, with no legal duty to acquire or present it, and established non-digital routes to public services would continue to be available. The consultation also requests views on topics such as the minimum qualifying age, the data elements to appear on the digital ID (for example, proof of address), possible application across government services, and the safeguards needed to uphold data protection, security and oversight. It also...
The rules regarding Scottish electronic documents and their execution are contained in: Requirements of Writing (Scotland) Act 1995 (RW(S)A 1995) Assimilated Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (as amended by the Electronic Identification and Trust Services for Electronic Transactions (Amendment etc) (EU Exit) Regulations 2019) (UK eIDAS) Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012) Electronic Documents (Scotland) Regulations 2014, SSI 2014/83 Land Registration etc (Scotland) Act 2012 (Commencement No 2 and Transitional Provisions) Order 2014, No 41 (C 4) (2014 Order) Land Register of Scotland (Automated Registration) etc Regulations 2014, SSI 2014/347 Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 (LW(CD)(S)A 2015) The Law Society of Scotland has produced a third edition of its guidance on electronic execution of documents: Law Society of Scotland—Electronic signatures guide (Third Edition). Assimilated law is the term used for retained EU law (‘REUL’) that continues in force after the...
This guide explains the use of e-signatures across a range of international jurisdictions. A comprehensive table provides a quick-reference overview of whether, and in what ways, e-signatures are deployed in different countries. More extensive detail on every overseas jurisdiction listed is provided in the sections that follow. For detailed information on executing contracts in multiple jurisdictions, see Practice Note: Execution of contracts—jurisdictional guide. For guidance on the execution of deeds in different jurisdictions, see Practice Note: Execution of deeds—jurisdictional guide. For insight into how contracts are formed across various jurisdictions, see Practice Note: Contract formation—jurisdictional guide. For information concerning the execution of documents under Scots law, see Execution—Scotland—overview. Please note that this is an introductory resource only, and that local advice from suitably qualified legal professionals in the relevant country should be obtained where appropriate. Summary table Can documents in your jurisdiction be signed electronically, and are such signatures admissible as evidence? Do certification authorities or other national bodies exist to verify electronic signatures on...
This Practice Note offers a concise outline of Regulation (EU) 910/2014 (the eIDAS Regulation), as updated by Regulation (EU) 2024/1183 (the European Digital Identity Regulation, or EUDI Regulation). The updated regime is commonly known as eIDAS 2.0. The revised eIDAS framework establishes the legal basis for electronic signatures, digital identities and other ‘trust services’ across the EU. It clarifies who may rely on electronic signatures and digital identities, and in what circumstances. It also sets specific obligations for providers of ‘trust services’ and brings in a European Digital Identity Wallet (EUDI Wallet), scheduled to be available in 2026. This Practice Note focuses solely on EU law; for the general position on electronic signatures under the law of England and Wales, see Practice Note: Electronic signatures. Background In 2014, responding to perceived low uptake of electronic signatures and to bolster confidence in online transactions, the EU enacted Regulation (EU) 910/2014 on electronic identification and trust services for electronic transactions in the internal market (the EU eIDAS Regulation). This instrument...
Request to start work during cancellation period To: [ insert your name, geographical address, telephone number, fax number and email address ] I/we [] authorise [ insert firm’s name ] to begin work on [ describe digital content to be supplied ] within the 14–day cancellation period. I/we [] acknowledge and accept that, once you start to supply [ describe digital content ], I/we [] will forfeit the right to cancel and will be required to pay in full. Name of client(s): Address of client(s): [ Signature of client(s): ] Date: [] Delete as appropriate...
Request to start work during cancellation period To: [ insert your name, geographical address, telephone number, fax number and email address ]: I/we [] authorise [ insert firm’s name ] to begin work on: [ describe service ] within the 14–day cancellation period. I/we [] acknowledge and agree that, should I/we [] cancel within this 14–day period, I am/we are [] obliged to pay for the work completed on a pro‑rata basis. The charge will reflect the proportion of services actually delivered up to the point I/we [] notified you of the decision to cancel, relative to the overall scope of the contract. I/we [] also understand and accept that the right to cancel will be lost, and full payment will be due, once the contract has been fully performed (i.e. you finish the work), even if completion occurs during the cancellation period. Name of client(s): Address of client(s): [ Signature of client(s): ] Date: [] Delete...