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Author: Ryan Cracknell

Epos Now Case Study: Commercial Retainer and DPO Service

          Norfolk has become a growing hub for technology companies and Epos Now is one of the most successful and prominent companies operating in this space. Epos Now has undergone significant growth since its creation and we are proud to have supported the business with its Commercial Law requirements since 2016. What do Epos Now do? Epos Now has become the largest electronic point of sale provider in the UK and has made a significant impact in the US following the opening of its offices in Orlando, Florida. Initially innovating the EPOS market by creating bespoke cloud-based software solutions for retail and hospitality businesses,...

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GDPR Email Traps

    Fed up of seeing those pesky GDPR emails? As we are helping a large number of clients with their privacy programs, we have been assisting them with wading through the deluge of Privacy Notices and Data Protection Addendums (DPAs) that are appearing in everyone’s inboxes. Here are a couple of thoughts on these emails from a Commercial Lawyer’s perspective:     1. IMPLIED ACCEPTANCE If you try to impose a DPA on a business by implied acceptance (i.e. by saying if you don’t sign, you will be deemed to have agreed to the terms if you don’t reply), it’s probably not going to be binding. Some businesses...

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If you treat Commercial Law assistance as a distress purchase, you’re doing it wrong

We all fear the unknown. This is especially true when engaging unexpected legal services where the process can be unfamiliar and costs can be excessive, unplanned and sometimes unachievable. No-one wants to pay to deal with property issues, family disputes or defences to combat unwarranted litigation – it’s just something that needs to be dealt with. However, Commercial Law should not be viewed in this way. Commercial agreements are the lifeblood of businesses – without having a written contract, you risk the relationship / deal / transaction falling apart without any consideration of the legal repercussions. Uncertainty can create a dispute...

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Nielsen Brandbank Case Study: Global In-House Legal Services

        Nielsen Brandbank is an exciting and unique business which you have probably come into contact with without even realising it. We have had the pleasure of working with Nielsen Brandbank for several years: from initially updating their standard T&Cs in the UK; to providing our Solicitors On Site Service for a fixed number of days per week for all of their EU and international territories. What do Nielsen Brandbank do? In essence, if you do your weekly food shopping online then all of the product images and product data on the website will have been created (or stored on behalf of the supplier)...

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Visual T&Cs: Comic Book Heroes Combat the iTunes Terms & Conditions

We’ve all done it – accepting Terms & Conditions without reading them. At 20,669 words (in 2015), spending a day reviewing the Apple iTunes T&Cs is not going to be a great prospect for any iTunes customer simply wanting to download a song. However, artist Robert Sikoryak has sought to make the process more engaging by adapting the iTunes T&Cs into a comic book (or ‘graphic novel’ to be correct). The book features the late Apple founder Steve Jobs in a unique comic illustration on each page, ranging from Batman, Transformers, the Simpsons, X-Men, Snoopy…the list goes on. In our opinion, Sikoryak...

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Statutory Books? What Statutory Books!?

Pay the office bills, manage staff, chase invoices, provide top-draw customer service, pay more bills and somehow find time to enjoy the fruits of your labour. With all of this to balance on a daily basis, if you own or run a company, it may be easy to forget that not only do you need to file certain documents with Companies House, but you also need to make sure that your internal statutory books are kept up to date and are readily available for inspection by the public, shareholders and/or directors (depending on the register type) at your registered office. Regardless...

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“Company X has updated its Terms & Conditions” but it’s fine because you won’t read them anyway…

Everyone has been on the receiving end of a “We have updated our T&Cs” email from the likes of Google, PayPal, Twitter, eBay etc. There may be legitimate reasons for this such as a change in the law, company restructuring or changes in working practices. But should you care? Well the short answer is yes. Why you should care It is easy to fall into a false sense of security, particularly for trusted brands that you buy from or regularly use their services. If you are a consumer then you may feel more relaxed on the basis that there is a large...

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Independence Day: What the ‘Leave’ vote means for Commercial Contracts

The majority vote for the UK to leave the EU will come as a shock to many businesses and we now embark on a journey of uncertainty in the forthcoming years whilst the legal landscape is determined. Under the Lisbon Treaty of 2009, the exit mechanism for a Member State to leave the EU will begin, however the procedure is not very detailed. There is a two year period to agree the terms of the exit and this is potentially extendable. Such negotiations are likely to impact on the legislative agenda in England as time will be devoted to working out...

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Is Your Business Ready to Comply with the PSC Register Requirements?

OVERVIEW: From 6 April 2016, all UK companies (unless they are exempt) and UK LLPs will need to create and maintain a register of the individuals who have significant control of the business and must disclose this information in its Annual Return from 30 June 2016. Failure to comply is a criminal offence. WHERE DOES THE PSC REQUIREMENT COME FROM? This new requirement is introduced by the Small Business, Enterprise and Employment Act 2015 (the “Act”). The rules are quite complex and therefore we recommend that you review the Department for Business Innovation and Skills guidance to assist with the interpretation of the...

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Do you sell to consumers online? Time to update your website T&Cs…again

From 15 February 2016, all businesses that sell to consumers online are required to include the following link: http://ec.europa.eu/consumers/odr/ to the European Commission’s ODR Platform on their website and provide a contact email address. This link must be easily accessible and we recommend including it with information regarding your complaints procedures. This new legal requirement under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 aims to encourage traders and consumers to use alternative dispute resolution (“ADR”) to address any issues after exhausting the trader’s complaints procedure, rather than pursuing a claim through the courts. The ODR Platform...

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