Articles

The articles are not legal advice and they contain simplifications. They are intended for information purposes only. Merkurius is not responsible in any way if the articles are used as basis for any action, decision or inaction and they are provided without any warranties. The writers gladly provide further information on the subjects discussed in the articles.

Turnover Thresholds in the Finnish merger control regulations

Before concluding a transaction, it is essential to consider whether the transaction needs to be notified to competition authority. In Finland, as in many other countries, merger control aims to strike a balance between encouraging business growth and safeguarding fair competition.

Application of the good faith principle under the CISG

During the drafting of the United Nations Convention on Contracts for the International Sale of Goods (CISG) there was an intense debate about the appropriate role of the good faith principle in the application of the CISG. With the final version of the treaty this debate seemed to have ended in favour of those wanting to restrict the principle’s function only to an interpretative usage, but the views of the opposite side have persisted.

Machine learning and data protection

Machine learning is today’s buzzword. It is the most researched part of artificial intelligence and it can be applied to numerous purposes, for example from health care diagnostics to detecting frauds and granting loans. Machine learning is about algorithms that learn from the data that is used to train them. In future, those algorithms learn and develop independently, i.e. the algorithms work without being explicitly programmed.

Reform of trade secrets legislation in Finland

The proposed definition of a trade secret states, that a trade secret means information that is not generally known or readily accessible and that has commercial value because of its secrecy. Furthermore, in order such information to be a trade secret, the person lawfully in control of the information must have taken reasonable measures to keep the information secret.

Arbitration – a recommendable way to resolve disputes in business

Arbitration is a contractual way of resolving disputes, where the parties of an agreement have agreed to settle their disputes outside the general courts. Arbitration is customarily used for resolving disputes in business life and several commercial agreements (e.g. acquisition, shareholder, B2B trade, distribution and IT agreements) have a clause concerning the use of arbitration in situations where the parties have a disagreement regarding the interpretation or fulfilment of the agreement.

The relevance of employing on-call employees when assessing the existence of grounds for termination

In June 2017, the Finnish Supreme Court gave two rulings regarding on-call employees. The rulings outlined the case law in situations where an employer terminates a permanent employment on financial and production-related grounds, while at the same time having on-call employees performing the same work that the terminated employee performed.

Articles

The articles are not legal advice and they contain simplifications. They are intended for information purposes only. Merkurius is not responsible in any way if the articles are used as basis for any action, decision or inaction and they are provided without any warranties. The writers gladly provide further information on the subjects discussed in the articles.