Agreement Without Undue Delay
It is clear that the term “without delay” requires a case-by-case analysis, taking into account the individual circumstances and conditions of each case, and that it is not subject to a harsh conceptual definition defining concrete absolute periods during which an act must take place. An undue delay on the part of the State in its decision on an application for prior authorization (i.e. a delay exceeding the 24-hour time limit for such decisions) is considered a refusal of prior authorization for the purposes of the appeal. Excessive traffic delays are not tolerated.C. All excavations within the priority boundaries are to be filled and stacked in 6-inch layers on the density of the adjacent undisturbed soil. Undue delay is not a sufficient reason for the supplier not to consider an invoice to be valid and undisputed. It is important to understand what these terms mean and who makes that decision. HIPAA`s rule for reporting violations states that the CE or Business Associate (BA) “notification. without undue delay and, in no case, more than sixty calendar days after the discovery of an offence. I just saw your tweet in which you prefer “must immediately” rather than “without unnecessary delay”. I tend to agree, but there is a good reason to still use `without unnecessary delay` in the German treaties. German law has a recognized legal definition of the term “immediately” as “without culpable delay, i.e. intentional or negligent”. That is why I tend to use “without unnecessary delay” in my German legal treaties, often followed in parentheses “immediately”, because it is so well linked to this definition.
As a result, data protection and compliance officers are unsure of when they reported breaches when concrete direction is urgently needed. Many companies often spend hundreds or thousands of dollars an hour on compliance lawyers to interpret and negotiate the notification schedules outlined in the BAAs. . . .