個案總覽

Blockchain, a type of distributed ledger technology (DLT), can be used for supply chain and is commonly discussed among distribution giants and small players. Blockchain's actual and perceived benefits, in addition to track-and-trace mandates from regulatory bodies, have driven these discussions. However, there is no mention of how existing dispute resolution processes have been overhauled in favor of blockchain smart contracts, which can be used to manage and resolve disputes. This conversation gap is critical as trust will erode if supply chain partners cannot settle disputes adequately. We highlight the importance of supply chain DLT management and suggest tactics for resolving the inevitable disputes that arise with disparate information. These guidelines, including adopting portable and enforceable contractual terms and a standardized dispute resolution process, can have practical applications beyond blockchain.

Data protection is important to businesses, and increasingly so as the paper-based world fades into memory. Information safeguards that were sufficient in the past no longer are in the current digitized environment. It is incumbent upon companies to keep their data secure, but what constitutes reasonable protection? In this installment of Business Law & Ethics Corner, we tackle this question and proffer Draper's Catastrophe Value Curve as an assessment tool toward that end.

Over the next 10 years, the intelligent use of data will become one of the greatest competitive advantages a company can possess. At the same time, the loss or mishandling of data/information is one of the bigger risks facing modern businesses. As consumers become increasingly aware of security issues, and of the value of their data, data/information policy is moving away from the 'gather-with-consent' approach toward a model that holds the business accountable at each stage of the process. This fundamental shift in practice will need to be reflected in the data/ information management policy of the business. Yet, many companies lack up-to-date data/information policies and few recognize the growing influence of the European Union on the manner of data/information handling. This installment of Business Law & Ethics Corner seeks to assist in the development of new policy by explaining key legislative and policy initiatives in both the United States and the European Union, and by making data management policy recommendations.