While the parties to the Cree/Inuit Offshore Overlap Agreement may amend this Agreement in accordance with its amending provisions, such an amendment is not effective to amend Annex 28-1 without the agreement of the Government. We identify other laws that apply to you and provide you with a matrix of overlaps between POPI and other laws, rules, codes and standards in your specific industry. You can see which law, rule, code or standard offers the greatest protection to your people. Experience shows that we have in the following sectors: health, telecommunications, media, marketing, pension funds, insurance, financial services, alcohol and spirits. We also looked at the overlap between the laws with respect to the simple and understandable language requirement. What happens if there is an overlap between laws (like popi) and other laws? Which one is right? Each industry has its own laws, rules, codes, and standards that define regulatory requirements for issues such as data protection, privacy, approval, and security. The problem is that many of them overlap and impose different levels of protection. You all have to look at each other, but you don`t have to know which one to follow. How do you know which one to follow and which one offers the most protection to your data subjects? The obvious question is, “Why is there an overlap?” Understanding zopa is essential to the success of negotiations[2], but the negotiating parties must first know their BATNA (best alternative to a negotiated agreement) or “Walk Away Positionen”. [3] To determine whether there is a ZOPA, both parties must consider the interests and values of the other. This should be done early in the negotiation and adapted if more information is learned. The size of the ZOPA is also essential. If there is a large ZOPA, the parties can use strategies and tactics to influence the distribution within the ZOPA.
If the parties have a small ZOPA, the difficulty is to find pleasant conditions. Whatever the amount of the negotiations, an agreement can never be reached outside the area of a possible agreement. To reach an agreement, the negotiating parties must understand the needs, values and interests of the other. You left several gaping omissions in your scenario/question. Like other contributors, I don`t know why you need an “overlap” of services. If this is related to an SLA, we are talking about a subscription that is generally considered to be the purchase of a delivery. Why was the MAGP miscalculated for the original contract compared to the contractor`s current expectations? Did they not approve the conditions mentioned above, neither by signing nor by starting the services? Let us not forget that they have a contract with the government whose terms should be obvious. I warn against duplication in deliveries/services. When it comes to a strict ban, you have some leeway as long as you document your case sufficiently. If this is something where a large company seems to have its back to the wall, so to speak, to appease its own internal contracting processes, I would simply ensure that you fulfill your fiduciary duty to the taxpayer.