You've quit your job to set up as a consultant; you've got yourself an office, a new laptop and a new suit; best of all, you've shaken hands on your first project. The client asks for your T&Cs, but you have none. What are the options?
Due to popular demand, we have recently introduced a large number of new legal document packs on Website Contracts. The packs are particularly useful if you need lots of documents, or if you need different elements from different documents, if you're not sure exactly which documents you need, or if you just want to save on licence fees.
I’ve been negotiating the legal aspects cloud service contracts for over 15 years. In most negotiations, I represent an SME vendor selling to a corporate customer. In this post, I highlight the principles that inform my approach these negotiations.
The sharing of personal data by businesses and other organisations is, within Europe and to an extent outside Europe, subject to the General Data Protection Regulation (GDPR). If your organisation is sharing personal data with another organisation, you should be thinking about the legal implications of the sharing.
One of the first steps in any effective GDPR compliance program is to establish the extent to which the subject organisation is a data controller with respect to personal data, and the extent to which it is a data processor. This distinction is fundamental.
On 20 February 2018, the UK government published changes to the funding of the ICO. The Information Commissioner’s Office (ICO) is an independent body which oversees compliance with data protection legislation in the UK.
Businesses and other institutions collect and generate vast amounts of data about the individuals with whom they come into contact. Many organisations hold records relating to millions of individuals. Some of this data is highly confidential; and the theft or unauthorised disclosure of even non-confidential this data can cause real damage. Security incidents involving personal data are reported in the media every day.
The GDPR should enhance the protection of personal data across the EU and beyond. That's one of the core functions of the legislation - along with improved harmonisation of data protection law within the EU. However, having spent much of the last 9 months helping clients to prepare for the GDPR, I'm concerned that the new law may have some material negative effects on privacy protection.
Article 28(2) GDPR provides that a processor of personal data "shall not engage another processor without prior specific or general written authorisation of the controller. In the case of general written authorisation, the processor shall inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes."
This provisions is puzzling in (at least) two respects.