Welcome to the first edition of our monthly Middle East &
Africa Technology, IP and Sourcing Focus — your source
for know-how, recent news and developments in technology,
intellectual property and sourcing across the Middle East and
We introduce each of this month's topics below and by
clicking on the link at the start of each section you will be taken
to a more detailed discussion of the relevant topic.
We trust that you will find this useful and we would be
delighted to discuss any of the items addressed in this month's
edition with you in further detail. If you have any feedback, or if
you have any suggestions for particular areas you would like to see
covered, please do not hesitate to contact us.
This Month's White Paper
Thinking of Outsourcing? At this time of year your
organisation may be busy planning its corporate strategy and budget
for 2012 and may be considering outsourcing as a mechanism to be
used to reduce costs, increase productivity and implement best
This month's white paper, by Kevin Boyle and Allen Klein of
Latham & Watkins' global outsourcing practice, is the first
in a series of outsourcing white papers that we will publish in the
Middle East and Africa to assist organisations in understanding and
considering the key legal, commercial and operational issues that
may be encountered during the outsourcing lifecycle.
Future white papers will address issues such as carrying out due
diligence on potential vendors, identifying what matters to your
stakeholder executives in an outsourcing arrangement and putting
together an effective project team to run the procurement process.
We start with an overview of some of the key legal issues
that organisations should consider prior to the initiation of an
outsourcing project. We hope that this whitepaper serves
as both a useful introduction to some readers and a useful reminder
to those with some experience in handling outsourcing
This Month's News
SAA Ruling on second generation outsourcing: Our view
on the practical implications of the South African Constitutional
Court's Ruling in AUSA v SAA and others (CCT 08/11) on the
application of s197 to second generation outsourcing in South
Gross Negligence – what does it mean?:
Suppliers are fond of trying to include this term in contracts for
services, whatever the jurisdiction. A recent UK case discusses the
use of the term in English law contracts.
IP / DATA PRIVACY
New EU Privacy Rules will apply to all online businesses with EU
customers: European Union Justice Commissioner Viviane
Reding has confirmed that we can expect to see a draft of the
eagerly awaited new Data Privacy Directive in January. As lawmakers
in the Middle East and Africa appear to be following EU legislation
fairly closely, the new directive is likely to have some impact in
our region. Three key changes have been made to the current
The Future of Data Protection: The Information
Commissioner's Office (ICO) has published a briefing on the
future of data protection in the EU to inform stakeholders about
European Commission's proposal to reform the Data Protection
Directive (95/46/EC), which is now expected in January 2012. The
ICO calls for a high-level approach to data protection that is
based on risk, context and purpose and which allows member
states' data protection authorities sufficient flexibility
"to carry out their role according to their own strategy and
as appropriate to the national situation".
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guide to the subject matter. Specialist advice should be sought
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Employees must understand the notice periods stipulated by law. When an employee gives notice of their resignation to an employer, they is advising the employer that they will cease to work for the employer from a certain date.
Nigeria is a federal constitutional republic located on the west coast of Africa. Modern Nigeria has its origins as a British colony through the 19th and 20th century until it achieved independence in 1960.
The jurisprudential basis is pithily expressed as staying in sync with the global position on employment relationship, easily summed up as "International Labour Standard" and "International Best Practice".
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