Five Compliance Best Practices for … Drafting Legal Terms and Conditions
September 26, 2024
As an accompaniment to our biweekly series on “What Every Multinational Company Should Know About” various international trade, enforcement, and compliance topics, below find an update to our series on compliance checks that every multinational company should consider. Give us two minutes and we’ll give you five suggested compliance best practices that will benefit your international regulatory compliance program.
Drafting clear and effective legal terms and conditions is crucial for establishing legally binding agreements between parties while minimizing the risk of disputes or misunderstandings. Here are five best practices for drafting legal terms and conditions:
- Use Clear and Precise Language While Defining Key Terms: Clearly outline the scope and purpose of the agreement, including the goods or services being provided, the duration of the agreement, and any limitations or restrictions on use. Use clear, precise, and unambiguous language to convey the terms and conditions of the agreement. Avoid using overly complex or technical language that may be difficult for the average person to understand. Define key terms and terminology used in the agreement to ensure common understanding among the parties. Provide definitions for terms that may have specific meanings within the context of the agreement.
- Allocate Risks and Liabilities: Allocate risks and liabilities between the parties in a fair and balanced manner. Clearly specify the extent of each party’s liability for breaches, damages, losses, or other liabilities arising from the agreement.
- Include Termination and Renewal Provisions: Include provisions for terminating the agreement, including the circumstances under which either party may terminate the agreement and the notice period required. Address options for renewal or extension of the agreement if applicable.
- Consider Local Requirements and How to Handle Disputes: Consider any local legal requirements or cultural norms that may impact the drafting of the terms and conditions, especially in international agreements involving parties from different jurisdictions. Cover what law applies in the event of disputes and the forum for any dispute resolution.
- Include Legal Requirements: Incorporate any legal requirements or obligations imposed by applicable laws, regulations, or industry standards into the terms and conditions. Ensure compliance with relevant legal principles, such as contract law, consumer protection laws, and privacy regulations.
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