The New Law
The Date Protection Act 2017 (DPA 2017) is currently going through Parliament. It will enshrine the EU General Data Protection Regulation (GDPR) in English law and it will come into force on 25 May 2018. The UK's decision to leave the EU will not affect the commencement of GDPR.
You will have received lots of material about GDPR that set out the problems, but which doesn't guide you to practical solutions. This article is different because in addition to pointing out the problems we are proposing a solution that involves us working with you and technology expert, Bernard Heilpern of Technically Clear.
What you need as a business is an analysis of how the DPA 2017 will apply to you and a technology solution that will identify the issues and how they can be resolved.
Outline of the Main Issues and what you will be required to do
First let us outline the main issues and what businesses are required to do; this list is not exhaustive:
The Act significantly increases maximum fines up to the higher of 2% of annual turnover worldwide or €10m. In certain cases, it can be the higher of 4% of worldwide turnover and €20m but that scale of fines will be only likely to apply to large corporations. Also, the Information Commissioner's Office may order processing to stop until an organisation is GDPR compliant, which would be disruptive. However, the level of fines for small to medium sized companies will be high. Compliance must therefore be taken seriously.
Obtain a report from us at a cost of £200
We are working in collaboration with Bernard Heilpern of Technically Clear, an IT specialist. Therefore we offer a service of providing a report which includes liaising with Bernard in order to:
Summary: For the fixed price of £200 we will deliver a report that will analyse your needs and will outline a combined legal and technology solution. It will recommend what needs to be done, how to present data information and how to prevent access to your data information.
Contact us: If you would like us to help contact Lynne Brooke on 07717 813925 or via email.
According to YouGov Study:
• On average small growth companies have 8 legal cases per annum
• Costs of legal failings, £13.6bn
The study surveyed 20 different sectors and 1,000 companies, asking respondents to indicate losses related to a wide range of legal issues. The most common legal issues faced by business owners were related to employees and suppliers, regulatory matters, tax, disputes, and software. 80% of small SMEs fail in the first 5 years and the cost of failing to take advice is c.£13.6bn.
Affordability of Legal Risk Management
These statistics show that the failure to take legal advice is enough to destroy most businesses no matter how well they do.
You don’t have to choose between getting a product to market and legal risk management.
Of course, you want to concentrate on your product, getting it to market, branding, social media and sales and not pay for legal risk management but you can afford it and the structure of that is set out in the summary.
Legal Risk Management
Business owners need to pay attention to legal risk management designed to stop sudden expenses or claims drive you off course or out of business.
• To be able to combat claims from clients and customers. These need to be contained in your own bespoke trading conditions.
• Employment Policies and Conditions: Compensation for discrimination claims are unlimited and can sometimes not be warranted forcing you into a settlement.
• Protect your IP and your branding: It’s the most important thing you will have on your balance sheet.
• Corporate governance: That includes resolution of disputes, what happens (to shares) if a partner / shareholder dies. It governs who you are or will be in business with, regulatory issues. You can set the rules now.
• Correct Corporate vehicle: Are you using the entity that suits your business objectives, limits risk and is tax efficient.
You will need to have all this in place to raise investment by third parties in your business.
Legal Expenses Insurance You need to take out legal expenses insurance, it’s not expensive. It means that when you need to defend a claim or make a claim you can rely on your legal expenses insurance so that you can resist or make claims without the fear of the financial consequences if you lose.
Legal risk management and correct corporate structure is a necessity. The Brooke Consultancy can put this in place by adapting to your financial resources and cash flow.
The Brooke Consultancy is a source of multi-disciplinary advice from one source, to learn more about that download our free Big Business Booklet on our website, contact Lynne Brooke on 07717 813925 or email to have an initial free conversation about business development, legal risk management and affordable costs.
Sources: The Brooke Consultancy, The Letter of The Law
The Data Protection Act 1998 requires every organisation that processes personal information to register with the Information Commissioner’s Office (ICO), unless they are exempt. Failure to do so is a criminal offence.
Unless one of the exemptions applies, individuals should generally be able to choose whether or not their personal data is disclosed to another organisation. If your intention to disclose information in this way was not made absolutely clear at the outset, at a time when the individual had the option not to proceed in their business relationship with you, then you will usually have to get the individual’s consent before making such disclosures.
Businesses need to prepare now to ensure they will be compliant with changes to data protection laws when the General Data Protection Regulation (GDPR) comes into force on 25th May 2018.
The government has confirmed that the UK’s decision to leave the EU will not affect the commencement of the GDPR.
We suggest you visit the Information Commissioner’s Office website. This includes practical guidance, including:-
A. Overview of the GDPR. This is for those who have day-to-day responsibility for data protection.
B. The 12 steps to take to prepare for GDPR. This has been relaunched, with updated guidance and with increased focus on the need to act now to prepare for May 2018. The steps start with:
You should make sure the decision makers and key people in your organisation are aware that the law is changing to the GDPR. They need to appreciate the impact this is likely to have and identify areas that could cause compliance problems under the GDPR. It would be a useful start to look at your risk register if you have one.
You should document what personal data you hold, where it came from and who you share it with. You may need to organise an information audit across your organisation.
The GDPR requires you to maintain records or your processing activities. If you have inaccurate personal data and have shared this with another organisation, you will have to tell the other organisation so it can correct its records.
C. Getting Ready For the GDPR. This is a checklist divided into Steps.
The GDPR will significantly increase the maximum fines, so compliance needs to be taken seriously.
You need to start looking at how to comply now before it is too late.
Successful people hire and cooperate with reliable professionals. VouchedFor is a website presenting solicitors, accountants, financial and mortgage advisers.
All professionals are reviewed. In order to keep everything transparent and fair, all reviewers are verified. Lynne Brooke belongs to best solicitors - as chosen by his clients. Visit the VouchedFor platform and read all reviews Lynne received.
It's important to hire an expert to make sure, your situation is handled effectively and professionally. VouchedFor is an independent service, a platform where you can find, rate and review professionals. The identity of all reviewers is verified.
You can search thousands of financial and mortgage advisers, solicitors and accountants. Not only can you find a professional you can also voice your opinion and contribute to trust online. Solicitors specialise in different areas of law, and therefore, look for one whose reviews are about similar issues to yours.
In April 2016, The Sunday Times published via VouchedFor a guide with UK’s top solicitors. Next to Lynne Brooke’s name were the following listed areas: Employment, Immigration, Business, Disputes, Intellectual Property, and Finance.
All top solicitors have received the highest volume of positive client reviews in the past two years – visit the VouchedFor platform to read reviews Lynne received. VouchedFor lists over 10,000 professionals, and over 40,000 clients have reviewed their advisers, solicitors and accountants.
Lynne Brooke belongs to UK's best professionals as chosen by his clients.
Sources: The Brooke Consultancy, VouchedFor.co.uk, The Sunday Times
Listening to Chopin, Beethoven and Mozart - music touches us emotionally. Words fail to express what music can. It lets us feel less pain and distress. Music even has the ability to heal.
Last Thursday (June 23rd) even the unpleasant weather couldn't discourage people from attending the Hearts in Harmony (HIH) charity event in St. John's Smith Square. At the beginning of the event, Shan Liew, the HIH founder, explained how important music and charity work are in her life, so she decided to combine both. While the Orpheus Sinfonia was playing, people in the audience were encouraged to donate to the Great Ormond Street Hospital (also known as: GOSH).
GOSH provides care to hundreds of sick children and supports families every day, since 1852. By attending the charity event and donating, people enable the Great Ormond Street Hospital to fund a brand new defibrillator.
The Brooke Consultancy was and is grateful to have had the opportunity to attend and support Shan Liew in her noble efforts.
For more information about upcoming charity events that combine a good cause with the love for the arts - please visit Heartsinharmony.co.uk.
The aim of flash mob is to be a public spectacle, drawing attention to a specific cause or charity. Imagine a group of people appearing in a public location unexpectedly, performing something eye-catchy. The Flash Mob performances are usually rehearsed elsewhere.
It is likely you will surprise anyone in charge of security, where the event will take place – unless you inform them about your flash mob beforehand. The problem arising here is as follows: Surprised people can be unpredictable. Bear in mind, the current United Kingdom threat level is ‘Severe’. It is very important that you avoid alarming or angering the Public, who may be in a hurry to reach their destinations. Among other things, depending on the location, the event could cause an accident - for example a person could step into or being pushed into nearby traffic by a sudden surge in the crowd. Accordingly, you should choose the location of an event with great care. Avoid places that appear to receive special attention from the Police such as Public Transport. Railway stations platforms and trains, Tube stations platforms and trains, Bus stations and buses might be a bad choice as they are ‘choke points’. Don’t use Trafalgar Square, Whitehall, Parliament Square and other sensitive locations without obtaining permission.
The main issues are not to commit trespass, go into private property, or obstruct the public highway. You must contact the relevant local authority/owner or manager of the land to get permission and you need to contact the local police. Obtaining acknowledgements by way of letter would be best but that may take time so we recommend writing a confirmatory letter to whoever you have contacted confirming notification/grant of permission. Then if you are approached at the Event, you can produce the letter.
You should chose the Flash Mob participants. Do not invite people via the internet to participate as that may attract elements who want to use your Flash Mob event for their own purposes.
Consider music licensing if you intend to use music during your Flash Mob event and intellectual property rights if you intend filming and publishing the Event on line.
Contact us for legal advice if you intend to organise a Flash Mob.