Blog

Thinking about data sharing agreements

01 May 2018
Posted in Data Protection Law

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. It is useful to categorise sharing in […]

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Creating a privacy policy for your WordPress website

17 Apr 2018
Posted in Data Protection Law

All the privacy policy documents (and other templates) on Docular have been updated for the GDPR, and this tool is particularly useful for creating privacy policies for websites operated by business in the UK and EU. Step 1: Create a Docular account First you should create a Docular account, here: https://docular.net/users/register Step 2: Choose your […]

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The controller / processor distinction under the GDPR

19 Mar 2018
Posted in Other

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. The legal obligations that apply in relation to controllers are quite […]

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New ICO fees

12 Mar 2018
Posted in Data Protection Law

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. On 25 May 2018 a new data protection scheme for businesses and organisations throughout the EU comes into effect –  this […]

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How to write a data breach notification policy

17 Feb 2018
Posted in Data Protection Law

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 […]

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How the GDPR will damage personal data security

11 Jan 2018
Posted in Data Protection Law

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 […]

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GDPR, sub-processors and authorisations

04 Oct 2017
Posted in Data Protection Law

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 […]

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Article 28 of the GDPR: problems for processors

20 Jul 2017
Posted in Data Protection Law, Uncategorised

The GDPR*, which will come into force on 25 May 2018, represents a major evolution in EU data protection law. Data subjects’ rights are strengthened across the board, with a concomitant toughening of obligations for data controllers and data processors. In this post, I look in detail at three problems for cloud services providers arising […]

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Consumer Rights Act 2015: updated contracts

29 Sep 2015
Posted in Consumer Law

The Consumer Rights Act 2015 comes into force on 1 October 2015. The Act has far-reaching implications for business providing goods, services and digital content to consumers. I’ve just finished updating the templates on Website Contracts to take account of the new rules. The updated documents are listed below. Sale of goods templates Terms and […]

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SaaS reseller agreements revisited

14 Jul 2015
Posted in Contract Law, Information Technology Law

Back in October 2012 I wrote this post on the different relationship models that may be used in software-as-a-service (SaaS) channel partner agreements. To my surprise, the post provoked quite some interest. Since 2012, I’ve drafted and negotiated many more such agreements. Nonetheless, I still find that SaaS reseller agreements can be tricky; and if […]

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