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Have You Just Accidently Varied Your Contract?

- A: “That term in the contract that says that “the Agreement can only be varied in writing” is enforceable, isn’t it? Surely? Why else would it be there?” - B: “Well, I know it says that in the contract, but we trust each other right? So we can just agree a little amendment between us and make that the case going forward. It just makes things easier doesn’t it? You may fall into one of the two mindsets above and depending on which one applies, you probably haven’t considered that the other mindset exists. You either favour the ‘black and white’...

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Will post-Brexit Britain be ‘Adequate’?

If you were to hold a straw poll of the people of Britain (I’ve purposefully avoided the term ‘referendum’) and ask which two terms they would like banished from the lexicon in 2018, it’s a safe bet that amongst the huddle of phrases such as “on fleek” and “squad goals”, “Brexit” and “GDPR” are likely to come somewhere near the top of the list. Much like their counterparts in the list (admittedly, I had to look them up online) they are highly unlikely to disappear soon, especially with the countdown to Brexit about to tick past the six month marker. Assuming...

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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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The Rise of the Data Processing Addendum

The Christmas tree is upside down in the bin, the left-over turkey is finally finished and the to-do list for 2018 is starting to take shape. It goes without saying that four particular letters will adorn almost every business strategy board for at least the next four months and unsurprisingly, those letters are GDPR. Prioritising With only four months to go it’s fair to say that a little urgency is required but there’s still plenty of time to finalise, continue or even start a well-planned compliance programme. The obvious question is, as time ticks away, what actions should you prioritise? A smart...

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A Guide to Surviving the GDPR: Part 2/2

Hopefully after completing the steps in Part 1 of our Guide to Surviving the GDPR series (or creating a fantastically detailed plan for tackling those early stages) you will most probably have accumulated a large pile of data (hard-copy, digital or both) containing a seemingly unending volume of personal information. In this article, we discuss the next steps to take when implementing your GDPR compliant privacy strategy. Spring clean your data: Completing the data inventory and assigning the applicable lawful basis to each item of personal data should help you clear out the ‘dead wood’ and minimise data you no longer...

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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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A Guide to Surviving the GDPR: Part 1

With the frenzy being whipped up by the media, it’s probably pointless asking you not to panic about the GDPR but the sensible response is to substitute blind terror for carefully considered action. Over the next two articles we discuss the steps that we recommend you take to start working towards compliance before next May. Awareness: Few of us can remember the introduction of new laws that were heralded with such apocalyptic tones as the GDPR, so unless you’ve saved-up all your flexi-time and annual leave and spent it on a package holiday under a rock for the past few years,...

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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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What is the GDPR and why should you care? Getting to know Privacy Law and the new Regulations.

In the first of our GDPR series, we begin by looking at why it’s here, what it is and why it’s important. Why protect personal data? “Data is the new oil!” has become the rallying cry of this century’s barons of commerce. This slogan of our times has adorned countless articles in print media, formed the basis of TED Talks and is probably emblazoned on Mark Zuckerberg’s pyjamas. But the comparison is fair as, much like its predecessor, data has lubricated the explosion of the modern digital economy. So much so that the five most valuable companies in the world (Apple, Amazon,...

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