International contracts

Contracts with a cross-border or international trading element typically present additional contractual and commercial considerations, and risks for commercial lawyers (in comparison with purely domestic contracts). This subtopic examines the key drafting considerations in international contracts, as well as the commercial, practical and logistical issues of trading internationally, in particular in relation to transport of goods overseas, insurance and security of both performance and payment.

For a comparison of the treatment of individual cross-jurisdiction legal topics, see the International comparator tool, and also the series of topic guides provided in conjunction with Lexology Panoramic: Lexology Panoramic: topic guides—overview.

International contracts

Knowing how to identify an international contract is important as it will impact the key issues, as well as the relevant time scales and priorities. A contract may be considered international if the parties are based, or hold significant assets, in different jurisdictions, or if any of the parties' obligations are to be performed in different jurisdictions. Where a contract has an international dimension to it, fundamental processes such as contract formation and execution may require particular attention, as well as the interpretation and assumption as to the

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Cabinet Office updates PPNs on data protection and payment spot checks

The Cabinet Office has added two new Procurement Policy Notes (PPNs) to the suite of PPNs republished in conjunction with the Procurement Act 2023 (PA 2023) go-live—PPN 020: Guidance on data protection legislation and PPN 021: Payment Spot Checks in Public Sub-Contracts. PPN 020: Guidance on data protection legislation provides updated guidance on relevant data protection requirements under the UK GDPR and the UK International Data Transfer Agreement (IDTA) governing the export of personal data from the UK. PPN 020 applies with immediate effect. It replaces PPN 03/22 which contained streamlined guidance and updated model clauses to take account of the UK’s exit from the EU. It also includes guidance on international transfers of personal data. PPN 020 does not constitute a change in policy, but in-scope organisations should circulate and adhere to the guidance and use the updated model clauses at Annex A for new contracts. PPN 021: Payment Spot Checks in Public Sub-Contracts provides guidance and templates for contracting authorities to spot check public contract supply chains to ensure suppliers meet the payment terms set out in PA 2023. PPN 021 includes additional guidance on how in-scope organisations should conduct spot checks to ensure the correct payment terms are being included and adhered to by suppliers, plus model terms at Annex A which support spot checks being carried out. PPN 021 applies from 1 October 2025. Both PPNs apply to all central government departments, their executive agencies and non-departmental public bodies.

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