Canadian Court Recognizes๐as a Contract Agreement
As far as we are aware, a Canadian Court has made a first of its kind ruling relating to the acceptance of an emoji as a contract agreement. This is an interesting judgment to illustrate the developments relating to the acceptance of digital ways to approve contracts.
What was the verdict?
The Canadian Court Ruled that a ๐ Emoji Counts as a Contract Agreement. For details, please seeย https://lnkd.in/gyBrSAdn
The judge stated, amongst others, the following: โThis court readily acknowledges that a ๐ emoji is a non-traditional means to โsignโ a document but nevertheless under these circumstances this was a valid way to convey the two purposes of a โsignatureโ,โ he wrote.
Correct decision?
What seems like an unusual verdict, actually makes a lot of sense looking at the facts in this specific case. After talking to each other on the phone, Kent (the Buyer) sends a copy of a contract as an offer to deliver the goods to him via text to Chris. Chris responds with a thumbs up.
Trend for the future
Without knowing the full background, this indeed looks like an agreement to enter into a contract (and agreeing to the contents of the contract). At least under Dutch law, depending on the circumstances of the case, this could reasonably be seen as entering into an agreement.
This is in line with other verdicts in the past years where offers and acceptance of these offers (agreement to contract) are accepted in digital form by e-mail, SMS, WhatsApp and other tech solutions like DocuSign etc. It is an important realization for everyone that the digital world is evolving and we need to adapt!
Lesson Learned
Next time you respond with (for example) ๐ โ
โ๏ธ๐๐พ๐๐ผ to a question or request to agree to an offer, be very mindful of your intentions.
How to roll-out a new Contract Template #6 – Meetings
Introduction
Last but not least! Here is part 6 and last part of my tips on how to roll-out a new Contract Template as an Expert.
Once you have sent out the new templates, these next steps are most important to ensure that the team will really use the templates. In this part of the series ‘How to roll-out a new Contract Template #6 – Meetings’ we focus on meetings and training sessions you should set up with your team.
How to roll-out a new Contract Template #6 – Meetings
๐ง๐ฎ๐ธ๐ฒ ๐๐ต๐ฒ๐๐ฒ ๐ณ๐ผ๐น๐น๐ผ๐-๐๐ฝ ๐ฎ๐ฐ๐๐ถ๐ผ๐ป๐ ๐ฎ๐ณ๐๐ฒ๐ฟ ๐ฟ๐ผ๐น๐น๐ถ๐ป๐ด ๐ผ๐๐ ๐๐ผ๐๐ฟ ๐ป๐ฒ๐ ๐๐ผ๐ป๐๐ฟ๐ฎ๐ฐ๐ ๐ง๐ฒ๐บ๐ฝ๐น๐ฎ๐๐ฒ
By following these last steps when sending out contract templates, you can optimize the contract management at your company. Consequently, this will create a more efficient and effective working environment with less discussions about the templates. If you train the teams well and empower them sufficiently you will also see that the negotiation process will run much smoother.
๐ฆ๐ฒ๐ฝ๐ฎ๐ฟ๐ฎ๐๐ฒ ๐บ๐ฒ๐ฒ๐๐ถ๐ป๐ด๐ ๐๐ถ๐๐ต ๐บ๐ฎ๐ป๐ฎ๐ด๐ฒ๐บ๐ฒ๐ป๐
Address and discuss the goals of the new Contract Template and raise specific concerns and considerations, engaging key stakeholders individually.
Full team meetings:
Provide comprehensive explanations of new templates/policies, emphasizing their purpose, benefits, and alignment with company goals.
๐ง๐ฟ๐ฎ๐ถ๐ป๐ถ๐ป๐ด ๐๐ฒ๐๐๐ถ๐ผ๐ป๐
Train and empower colleagues with the necessary skills and knowledge to implement the contract templates effectively.
Centralized document access
Establish a user-friendly location for all internal standards, guiding team members to easily find necessary documentation.
๐ฅ๐ฒ๐ด๐๐น๐ฎ๐ฟ ๐บ๐ผ๐ป๐ถ๐๐ผ๐ฟ๐ถ๐ป๐ด
Check awareness, adherence, and effectiveness of procedures, identifying areas for improvement and ensuring compliance.
Support and guidance:
Offer ongoing support to help guide your colleagues by proposing one on one meetings and training sessions.
๐๐ฒ๐ฒ๐ฑ๐ฏ๐ฎ๐ฐ๐ธ ๐ณ๐ผ๐ฟ ๐ถ๐บ๐ฝ๐ฟ๐ผ๐๐ฒ๐บ๐ฒ๐ป๐:
Create opportunities for feedback to drive future enhancements. Actively ask your team members for feedback in the training sessions and meetings mentioned above.
Conclusion
As legal professionals, we play a vital role to improve compliance, efficiency and risk mitigation. By implementing these tips, we create a more productive and legally sound workplace with the ultimate goal: more fun at work and driving success for the company. Most importantly, when doing so, we work together with the other teams and we do not only dictate what they should do.
Easier said, this way:
- You will waste less time in trying to (i) find the right template or (ii) figure out how to use it or who to involve when you have issues
- Your colleagues at the Legal department will have more time to dive deeper into your legal issues and have more time to negotiate and advise you from a legal and strategic point of view
- The other teams of the company will feel more involved- it will be very hard for your colleagues to say that they do not know where to find the Contract Templates (sound familiar?)
- Your Contracts will be signed quicker!
To see the other parts in this series, go to:ย bit.ly/amstlegal-blogs
Communicating Your New Contract Template to All Team Members ย
As part 5 of my tips on how to roll-out a new Contract Template as an Expert, the following:
! ๐๐ฒ๐ ๐๐๐ฒ๐ฟ๐๐ผ๐ป๐ฒ ๐ผ๐ป ๐๐ผ๐ฎ๐ฟ๐ฑ: ๐๐ผ๐บ๐บ๐๐ป๐ถ๐ฐ๐ฎ๐๐ถ๐ป๐ด ๐ฌ๐ผ๐๐ฟ ๐ก๐ฒ๐ ๐๐ผ๐ป๐๐ฟ๐ฎ๐ฐ๐ ๐ง๐ฒ๐บ๐ฝ๐น๐ฎ๐๐ฒ ๐๐ผ ๐๐น๐น ๐ง๐ฒ๐ฎ๐บ ๐ ๐ฒ๐บ๐ฏ๐ฒ๐ฟ๐
Once your template is final, approved internally and previous tips are followed, send out your New Template / Procedure using a communication method that is tailored to your company.
Do not use a single communication method (e.g. only providing the template via e-mail). This will significantly decrease the use of the New Template.
When rolling out a new contract template in your company, it is important to use multiple channels of communication to ensure that team members are informed and understand how to use it. It is recommended to combine the following communication methods:
* Your company’s intranet or internal portal
* Collaboration software like Slack or Microsoft Teams
* Email
* Kick-off meetings/trainings
This combination will help to increase the visibility of the new Contract Template and provide team members with the opportunity to ask questions and address any concerns.
Remember that clear communication is key to the successful implementation of a new contract template.
๐ฃ๐ฟ๐ผ-๐๐ถ๐ฝ: In case of new Contract Templates or Legal Procedures, it is advised to cascade the communication as follows:
* First to each Head of the Commercial Team / Regional Leader who can share/discuss it with their team and reiterate the importance of the new Contract Template/Procedure
* Legal Team sends it to the Commercial Team
* For particularly important messages set up separate meetings between Legal Team members and Commercial Team members
To avoid the common issue that team members are not able to find the e-mail or other communication that you used sending out the new template, follow one of my previous tips: create one central location for all your templates.
๐ช๐ต๐ฎ๐ ๐๐ฒ ๐ต๐ฎ๐๐ฒ ๐น๐ฒ๐ฎ๐ฟ๐ป๐ฒ๐ฑ ๐ณ๐ฟ๐ผ๐บ ๐ฝ๐ฟ๐ฒ๐๐ถ๐ผ๐๐ ๐ฝ๐ผ๐๐๐ ๐ถ๐ป ๐๐ต๐ถ๐ ๐๐ฒ๐ฟ๐ถ๐ฒ๐:
– The top-down approach does not work
– Team members need to know the critical components for the use of the new Contract Templates: the Why, How, When and Benefits
– Create and follow a strategic communication and follow-up plan (the Communication Plan):
– Step 1: Identify Relevant Users and Teams
– Step 2: Notify / Pre-inform the team about the upcoming new template
– Step 3: Make sure to cover all 10 points of the Checklist
๐๐ฉ๐ช๐ด ๐ฑ๐ฐ๐ด๐ต ๐ฐ๐ง ๐ฑ๐ข๐ณ๐ต ๐ฐ๐ง ๐ฎ๐บ ๐ญ๐ข๐ด๐ต ๐ต๐ช๐ฑ (๐ฏ๐ณ. 10) ๐ฐ๐ฏ ‘๐๐ฐ๐ธ ๐ต๐ฐ ๐๐ฎ๐ฑ๐ณ๐ฐ๐ท๐ฆ ๐บ๐ฐ๐ถ๐ณ ๐๐ถ๐ด๐ช๐ฏ๐ฆ๐ด๐ด ๐๐ฐ๐ฏ๐ต๐ณ๐ข๐ค๐ต๐ด ๐ฃ๐บ ๐๐ณ๐ฆ๐ข๐ต๐ช๐ฏ๐จ ๐๐ณ๐ฆ๐ข๐ต ๐๐ฐ๐ฏ๐ต๐ณ๐ข๐ค๐ต ๐๐ฆ๐ฎ๐ฑ๐ญ๐ข๐ต๐ฆ๐ด’.
Communicate Early: Pre-inform and Notify Team Members
As part 3 of my tips on how to roll-out a new Contract Template as an Expert, the following:
๐ช๐ต๐ฎ๐ ๐๐ฒ ๐ต๐ฎ๐๐ฒ ๐น๐ฒ๐ฎ๐ฟ๐ป๐ฒ๐ฑ ๐ณ๐ฟ๐ผ๐บ ๐ฝ๐ฟ๐ฒ๐๐ถ๐ผ๐๐ ๐ฝ๐ผ๐๐๐ ๐ถ๐ป ๐๐ต๐ถ๐ ๐๐ฒ๐ฟ๐ถ๐ฒ๐:
* The top-down approach does not work
* Team members need to know the critical components for the use of the new Contract Templates: the Why, How, When and Benefits
* Create and follow a strategic communication and follow-up plan (the Communication Plan)
* Step 1 Communication Plan: ‘Identify Relevant Users and Teams’
Now, letโs continue to the next step of the Communication Plan:
๐ฆ๐๐ฒ๐ฝ ๐ฎ: ๐๐ผ๐บ๐บ๐๐ป๐ถ๐ฐ๐ฎ๐๐ฒ ๐๐ฎ๐ฟ๐น๐: ๐ฃ๐ฟ๐ฒ-๐ถ๐ป๐ณ๐ผ๐ฟ๐บ ๐ฎ๐ป๐ฑ ๐ก๐ผ๐๐ถ๐ณ๐ ๐ง๐ฒ๐ฎ๐บ ๐ ๐ฒ๐บ๐ฏ๐ฒ๐ฟ๐
Does the team know that the new Contract Template is final and will be implemented soon?
Before actually sending and rolling out new Contract Templates, create groundwork and buy-in from senior management and each team member to make sure that they will actually use the new Contract Template now it is final.
It is important to provide opportunities to these team members to ask questions, express concerns and offer feedback. In this stage, ask these questions to yourself:
– Are the team members aware that the new Contract Template needs to be used at a certain date?
– Is the new Contract Template clear and does the team (in principle โ not everyone will agree from the start) agree and appreciate the new Contract Template?
– Do they know the Why, How, When and Benefits?
๐ง๐ต๐ถ๐ ๐ฐ๐ฎ๐ป ๐ฏ๐ฒ ๐ฎ๐ฐ๐ต๐ถ๐ฒ๐๐ฒ๐ฑ ๐ถ๐ป ๐ฎ ๐ป๐๐บ๐ฏ๐ฒ๐ฟ ๐ผ๐ณ ๐๐ฎ๐๐:
* Have honest and open conversations with people that will use the Contract Template every day and with Senior Managers that will lead the relevant teams.
* Send out a pre-announcement e-mail / Slack of the actual intended roll-out date
* Organize meetings to explain the Why, How, When and Benefits of the new Contract Template
* Conduct Training sessions
* Involve key stakeholders in the process like Senior Management and Team Members from all Relevant Departments
* Set expectations and hold people accountable
In summary, by notifying, briefing and pre-informing team members of the upcoming Contract Template, businesses can ensure that everyone is on the same page and that team members are prepared for the upcoming changes. This can help to minimize any confusion or disruptions and increase the likelihood of a successful rollout.
๐๐ฉ๐ช๐ด ๐ช๐ด ๐ฑ๐ข๐ณ๐ต ๐ฐ๐ง ๐ฎ๐บ ๐ญ๐ข๐ด๐ต ๐ต๐ช๐ฑ (10) ๐ฐ๐ฏ ๐ฉ๐ฐ๐ธ ๐ต๐ฐ ๐ช๐ฎ๐ฑ๐ณ๐ฐ๐ท๐ฆ ๐บ๐ฐ๐ถ๐ณ ๐๐ถ๐ด๐ช๐ฏ๐ฆ๐ด๐ด ๐๐ฐ๐ฏ๐ต๐ณ๐ข๐ค๐ต๐ด ๐ฃ๐บ ๐ค๐ณ๐ฆ๐ข๐ต๐ช๐ฏ๐จ ๐จ๐ณ๐ฆ๐ข๐ต ๐๐ฐ๐ฏ๐ต๐ณ๐ข๐ค๐ต ๐๐ฆ๐ฎ๐ฑ๐ญ๐ข๐ต๐ฆ๐ด. ๐๐ฉ๐ฆ๐ค๐ฌ ๐ต๐ฉ๐ฆ ๐ธ๐ฆ๐ฃ๐ด๐ช๐ต๐ฆ ๐ช๐ฏ ๐ต๐ฉ๐ฆ ๐ค๐ฐ๐ฎ๐ฎ๐ฆ๐ฏ๐ต๐ด ๐ต๐ฐ ๐ณ๐ฆ๐ข๐ฅ ๐ต๐ฉ๐ฆ ๐ฐ๐ต๐ฉ๐ฆ๐ณ ๐ต๐ช๐ฑ๐ด.
Effective communication is critical when introducing a new Contract Template
As part 2 of my tips on how to roll-out a new Contract Template as an Expert, the following:
๐๐ณ๐ณ๐ฒ๐ฐ๐๐ถ๐๐ฒ ๐ฐ๐ผ๐บ๐บ๐๐ป๐ถ๐ฐ๐ฎ๐๐ถ๐ผ๐ป ๐ถ๐ ๐ฐ๐ฟ๐ถ๐๐ถ๐ฐ๐ฎ๐น ๐๐ต๐ฒ๐ป ๐ถ๐ป๐๐ฟ๐ผ๐ฑ๐๐ฐ๐ถ๐ป๐ด ๐ฎ ๐ป๐ฒ๐ ๐๐ผ๐ป๐๐ฟ๐ฎ๐ฐ๐ ๐ง๐ฒ๐บ๐ฝ๐น๐ฎ๐๐ฒ.
To ensure effective communication, make a strategic communication and follow-up plan to convince and inform the companyโs teams to use the new contract template.
As we have learned, the top-down approach does not work. It is not sufficient to simply send out the new template and expect its adoption.
To ensure success, team members need to know the critical components for the use of the new Contract Templates:
* Why
* How
* When
* Benefits
๐ฆ๐๐ฒ๐ฝ ๐ญ: ๐๐ฑ๐ฒ๐ป๐๐ถ๐ณ๐ ๐ฟ๐ฒ๐น๐ฒ๐๐ฎ๐ป๐ ๐๐๐ฒ๐ฟ๐ & ๐๐ฒ๐ฎ๐บ๐
Before starting your communication in the company, make a thorough analysis who will use the new template the most and/or who should be informed about the new template.
It is not about just informing the most obvious stakeholders like – for example – the sales managers who will use the new client contract.
In fact, there may be teams that business owners and Legal did not initially realize needed to be informed, like HR, Finance, Compliance, Operations, Product Teams, etc. Once identified, a communication plan can be developed that includes reaching all relevant stakeholders.
In summary, to ensure success in the roll-out of your new Contract Template, communicate your new templates to a wider group than you initially first thought of.