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How does data privacy law impact commercial contract disputes?

On Behalf of | Sep 10, 2024 | commercial litigation

As data privacy laws get tougher, businesses need to be aware of how these laws affect their contracts. This is especially important when data is shared or stored between companies, which can lead to contract disputes.

More compliance needed

Laws like GDPR and CCPA require businesses to follow strict rules about data handling. If they don’t, disputes can come up over broken contracts or not following the law.

Data security promises

Many contracts now include terms about keeping data safe. If a breach happens, the companies involved may fight over who is responsible for protecting the information. This can lead to expensive lawsuits if a law was broken in the process.

Challenges with international data sharing

Data privacy laws differ around the world, making international contracts more complex. Disputes can arise when companies move data between countries, especially if one country’s laws weren’t followed.

Fines and penalties

Breaking data privacy laws can result in heavy fines. During a contract dispute, companies might argue over who should pay these fines. The focus is often on contract terms covering such penalties.

Avoiding future disputes

Companies should regularly update their contracts to follow changing data laws. By being clear about data protection and who is responsible for compliance, businesses can lower their chances of facing costly disputes.

As businesses continue to navigate a rapidly changing digital landscape, understanding the implications of data privacy laws on commercial contracts is essential. Staying informed and proactive in addressing these legal requirements will help prevent disputes and protect valuable business relationships.