OpenCyber Academy
Rapid course · Lesson 7 · English
Course code: OCA-004Lesson 07: OCA-004-A007

Draft clauses are not a signed contract

Open, free learning for anyone who wants to protect people and technology. No account is required to read this text or its worked answers.

Lesson map

Lesson 07 published. Map, example, EX061.

flowchart TD
  D["Mr. Patel drafted clauses"] --> N["Two weeks later the contracts are in negotiation"]
  N --> Q{"Is there a signed Article 28 contract?"}
  Q -->|No| R["Do not add a new flow to that vendor"]
  Q -->|Yes| K["Cite the signed contract"]

A draft is a text. A signature is a different fact.

Logical drawing

four vendors
    dispensing supplier: terms already present
    newsletter tool: terms already present
    loyalty firm: standard terms, gap
    delivery firm: standard terms, gap
two weeks on
    clauses drafted, negotiation open
        |
        +-- negotiation is not a signature
        +-- the dispensing contract does not stand in for loyalty
        +-- no new file goes to the loyalty firm on that basis

Learning outcomes

After this chapter, you should be able to:

  1. Tell a drafted clause apart from a signed Article 28 contract.
  2. Keep loyalty and delivery as the two gaps while negotiation continues.
  3. Refuse a new flow to either firm until the signed terms exist.

7.1 The two-week sentence is about negotiation

Chapter 3 found data-protection terms in the dispensing contract and the newsletter contract, and not in the loyalty or delivery standard terms. Mr. Patel drafted the missing clauses. Two weeks later the file says those contracts are in negotiation. A colleague reads the draft and wants a fresh weekly file sent to the loyalty firm. The draft shows what Juniper hopes to sign. It does not show that the firm has signed instructions, confidentiality, security and deletion. Sofia refuses the new file. She does not borrow the dispensing supplier's contract to cover the loyalty firm. This lesson does not invent a signature.

7.2 Worked example

Lesson table; scroll horizontally to read all columns →

Claim Document it points at Decision
"The clauses have been drafted." A draft Keep that fact
"Negotiation means we can send the new file." No signature Refuse the file
"The dispensing contract is close enough." A different vendor Refuse the substitution
A signed loyalty contract with the four Article 28 duties Not in the file Do not pretend it is there

Synthetic case. No signature date is added for the loyalty firm or the delivery firm.

Errors and limits

Refusing the new file does not cancel the night-time till flow already mapped. That flow stays a known gap until the signed terms exist. This chapter does not assess damages.

Apply

Worked answers

EX061. Refuse the new file. Negotiation is not a signature. Loyalty and delivery remain the gaps. The dispensing contract does not cover them.