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Blockchain in Supply Chain: Requirements on Suppliers and Subs, Force Majeure, Termination, Service Level Agreements

Addressing Privacy Concerns With GPDR and CCPA

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, February 1, 2022

Recorded event now available

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This CLE webinar will discuss the rise of blockchain in the supply chain as new state and federal laws establish that contract validity cannot be denied due to "smart contract" terms. The panel will address how blockchain may replace the traditional bill of lading, how the blockchain can streamline indexing and price adjustments, and what blockchain agreements should include when drafting force majeure and termination provisions. The panel will discuss best practices to handle data privacy concerns and compliance with the California Consumer Privacy Act of 2018 (CCPA) and the EU's General Data Protection Regulation (GDPR).

Description

Blockchain technology is everywhere. Companies are using it throughout their daily operations, from supply chain security to smart contracts and beyond. While it might sound like something only IT teams need to understand, blockchain will affect every company, and business leaders should be at the forefront.

As companies begin to implement blockchain solutions, counsel should consider what contract terms to adjust in supply agreements and other commercial contracts related to the use of blockchain in the supply chain. Buyers must consider whether it would be beneficial to contractually require their suppliers to join the buyer's supply chain blockchain to provide deeper visibility into its supply chain. For smaller suppliers and sub-suppliers, the ability to keep up and participate in this evolving area may present a challenge that impacts their ability to compete for certain businesses.

Other provisions, such as force majeure and termination, need to explicitly address blockchain malfunction or limitation of one party's access to the blockchain. In the event of termination of a supply agreement, the parties will want to explicitly set forth any requirements to unwind the blockchain or terminate the related smart contracts.

While blockchain is considered a highly secure means of data storage, paradoxically, some of blockchain's other attributes (being decentralized and immutable) pose a compliance barrier with many data privacy regulations, such as the CCPA and GDPR. Blockchain's decentralized platform makes it tricky to determine which privacy laws apply.

Listen as our expert panel discusses how to integrate blockchain into supply chain agreements for stakeholders to realize the real benefits of cost savings and reduction in fraud.

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Outline

  1. Blockchain in supply chain agreements
    1. Provisions
      1. Subs and suppliers
      2. Governance
      3. Force majeure
      4. Termination
    2. Data privacy concerns
      1. CCPA
      2. GDPR
  2. Benefits of the use of blockchain
  3. Limitations of liability

Benefits

The panel will address these and other key issues:

  • How is blockchain best incorporated into new and existing blockchain supply chain agreements?
  • How can force majeure and termination provisions address blockchain concerns?
  • How can privacy restrictions in the CCPA and GDPR be reconciled with the use of blockchain?

Faculty

Musiala, Robert
Robert A. Musiala, Jr.

Counsel
BakerHostetler

Mr. Musiala, the firm’s blockchain counsel, is esteemed for his roles in the areas of cryptocurrency anti-money...  |  Read More

Reynolds, Veronica
Veronica Reynolds

Attorney
BakerHostetler

Ms. Reynolds’ experience in digital media and technology provides a firm foundation for her legal work in the...  |  Read More

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