General Commercial

 

General Commercial

How to write a GDPR compliance 'white paper'

A white paper is an information document used by businesses to inform customers about an issue relevant to their business and present their perspective on that issue, with a view to encouraging customers and potential customers to learn more about and/or...

Snooping on employee emails breaches the right to a private life

In the case of Bărbulescu v Romania, a case in which an employee was fired for using his workplace instant messenger to send personal messages, the Grand Chamber of the Court of Human Rights has ruled that the Romanian domestic authorities’ failure to adequately protect Mr Bărbulescu (B) from the monitoring of his workplace communications by his employer was in violation of his right to respect for private and family life under Article 8 of the Convention.

JD Wetherspoon deletes database

The news that JD Wetherspoon has deleted their email database of 750,000+ names has received wide-spread coverage. The multi-million pound pub chain stated “we won’t be emailing you anymore and we have deleted your details” and “from now on you can contact us and find out about events and news here,” pointing to their Facebook page and Twitter profile… a bold move from this major brand. But why would they make such a move?

UK Government publishes plans for data protection reforms

The UK Government has published its plans to reform the UK’s data protection laws in a Statement of Intent. For those already preparing for the EU’s new GDPR (you can read our handy guide here).  Some of these proposals will apply to the UK only, however.

Getting ready for GDPR - chapter 2

Part Two – external issues In Part One of this series, we looked at some of the internal issues organisations need to come to terms with in their efforts to comply with the GDPR. In this Part Two, we look at the outward-facing, public or third...

Getting ready for GDPR

Introduction With less than 1 year to go until the GDPR comes into force, there is no end of information out there on what organisations need to do to get themselves ready for GDPR compliance. But in this 2-part series, we aim to draw it all together...

GDPR and employment law - consent is no longer consent

‘The Employee consents to the Company processing data relating to the Employee for legal, personnel, administrative and management purposes and in particular to the processing of any sensitive personal data (as defined in the Data Protection Act 1998)...

Investigatory Powers Bill in 'Ping Pong'

The Investigatory Powers Bill (also known as the “Snooper’s Charter”) on 2nd November again made its way back to the House of Commons, following a rejection of an amendment inserted by Parliament following a majority vote in the House of...

Giving contracts 'the legal once-over" - Part Two

In Part One, I introduced the methodology I adopt when asked by clients to give a contract “the legal once-over”, and looked at some particular issues when the client is the purchaser. In this Part Two, I will look at some of the issues that are...

Giving contracts "the legal once-over" - Part one

The phone rings... And after the usual pleasantries, we get down to the purpose of the call. “Can you just have a quick look at this agreement we are about to sign - I have sorted the commercial points but I would like you just to give it the legal...

3 reasons why you need to get your commercial contracts in order before investment

Think back to the time when you decided to sell your house. I’m guessing that before you got the estate agent around, you did some work on your property. If you were lucky it was no more than a de-clutter! Regardless of how much work you did before the...

Is your 'change of control clause' going to cost you money on exit?

My client had come into a windfall and gained an unexpected large sum of money. In fact, I had helped negotiate this money on his behalf…  However, my client had not: Sold anything Been bought Secured a new round of funding Sued anyone ...

Negotiating with procurement - David versus Goliath?

Over the last couple of weeks, I have been helping a few of my IT clients negotiate contractual terms and conditions with new large customers. These clients are quite rightly hugely enthused by moving up the value chain and winning work from big corporates....

Your Professional Indemnity Insurance: What every tech business needs to know to be properly covered.

When assessing risk under a contract, particularly when looking at capping liability, tech clients will often respond with something along the lines of “well, my PI cover is £5 million so why don’t we cap it at that?” Whilst that may...

5 legal issues to consider for any IT consultancy planning to start selling own proprietary software

With profit margins being relatively constrained for IT consultancies, when one of our IT consultancy client told me that its new strategy for growth involved starting to licence its own proprietary software, it made a lot of sense. When you swap selling...

"Help: our contract has expired but we are still working - what happens"

I’ve had a couple of queries from clients recently about their options when a contract expires, but everything carries on as before. Typically there are 3 concerns when this surprisingly common state of affairs happens: Do I still get paid? Am I...