TECHNOLOGY, OUTSOURCING, AND COMMERCIAL TRANSACTIONS
NEWS FOR LAWYERS AND SOURCING PROFESSIONALS

According to the Everest Group, Ukraine’s IT outsourcing industry has been growing by more than 10% annually, and now has more than 25,000 full-time employees. This growth is at risk, however, due to the situation in Ukraine, which is putting outsourcing customers’ services and data in danger of disruption and loss.

Experts tasked by the EU to help “unleash” the economic potential of cloud computing are now working on how to address common issues among cloud users and providers through model contract terms. In September 2012, the European Commission identified cloud computing as a way to create 2.5 million jobs and grow GDP by €160 billion (approximately $217.4 billion). To reach that target, the commission formed an expert group in October 2013 to identify “safe and fair contract terms and conditions” in cloud computing agreements. The best practices aim to enhance trust and confidence in cloud computing as well as to help facilitate agreements.

As the European Union (EU) and Asia-Pacific Economic Cooperation (APEC) issue new rules on data protection, companies need to ensure their policies comply with the applicable regulations in this ever-changing landscape. The increasing requirements placed on companies bring to mind a famous quote: “With great power comes great responsibility.” Yes, Spiderman’s Uncle Ben said that, but the quote has particular applicability to the circumstances faced by multinational companies that have now been equipped with technology to transmit and access data across the world in the blink of an eye. Various data protection requirements have accompanied this “great power” of data transfer, particularly with respect to the transfer of personal data.

A recent opinion from the Supreme Court of India in a case over cricket broadcasting rights settles the score on how the country will deal with foreign arbitration. An online search for cricket—by far the most popular sport in India—will, on most days, yield coverage of the Indian national cricket team or India’s professional cricket league, the Indian Premier League (IPL). These days, a search will return news about the dispute over cricket media rights that made its way to the Indian Supreme Court. In World Sport Group (Mauritius) Ltd. (WSG) v. MSM Satellite (Singapore) Pte. Ltd. (MSM), the Supreme Court signaled that India’s courts will not interfere in foreign arbitration by concluding that a contractual dispute between WSG and MSM must be decided by the International Chamber of Commerce (ICC) in Singapore, as agreed to by the parties, despite an allegation of fraud.

Australian businesses and agencies should take note of amendments to Australia’s Privacy Act, which regulates how organizations collect, handle, and disclose personal information within Australia. The new amendments, which took effect on March 12, are described below.

Who is covered under the amended act?

The Privacy Act applies to any private sector business that has a turnover of greater than AUD3 million (USD2.7 million) or that handles personal information for a benefit, service, or advantage or any entity that handles health or other sensitive information.