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Are you GDPR compliant?
Facebook could have faced $1.6 billion fine under new General Data Protection Regulation

Yesterday (10 July 2018) the UK Information Commissioner, Elizabeth Denham, published a progress report in relation to her office’s investigation into the use of data analytics in political campaigns. This investigation has focussed on Facebook and Cambridge Analytica. The Information Commissioner’s Office (ICO) has said it intends to fine Facebook £500,000 for two breaches of the Data Protection Act 1998. This is the maximum fine that can be imposed under that legislation. However, the position could have been much worse for Facebook.

Directors to be held personally liable for nuisance calls, emails and texts

The Information Commissioner’s Office (ICO), the regulator responsible for policing the current legislation, has had difficulty enforcing the current legislation. Since 2010, of the £17.8 million in fines that it has imposed, for the making of nuisance calls and the sending of nuisance emails and texts, only just over half have been paid. The ICO’s efforts have been hampered by some of the companies it has fined going into liquidation rather than paying their fine.

Persons with significant control

You should not forget the other obligations that companies have under the Companies Act 2006 (CA 2006), such as, the obligation to keep a register of persons with significant control (PSCs).

What happens when a Company is left without officers?

A private company limited by shares is a legal entity that has no physical presence. It can only act through its directors and at least one of them must be a natural person. So what happens when the sole director of a company dies? How will the company continue to trade if there is no officer to act on its behalf?

BBC breakfast bulletin: The right to be forgotten

One of the lead stories on BBC 1 Breakfast this morning was about the overhaul of UK data protection laws.

British citizens will soon have more rights to control what is done with personal information about them. The UK data protection watchdog is also to get new powers and will be able to levy higher fines.

Care Home contracts

The law provides greater protection for consumers when they enter into contracts with businesses than it does when businesses contract with other businesses.

Residential care home clients are invariably “customers” and not businesses. So these additional protections need to be kept in mind when drafting and preparing the contractual terms which are to govern the relationship between the residential care home and its residents.

timeshare
Timeshare FAQ’s

Our team of specialist timeshare solicitors regularly act on behalf of individuals in dispute with various timeshare resorts. What is Linder Myers’ success rate? Each client’s circumstances are different, involving different facts and resorts, therefore we cannot comment on individual cases without carrying out an initial assessment. You should be reluctant to deal with anyone…

Are you protected by your Terms & Conditions?

Contracts are the lifeblood of any business. You cannot sell a good or a service without one. Every business has to contract if it is to survive and succeed.

Despite this reality, often not nearly enough attention is paid to making sure that appropriate terms and conditions govern the contracts that are entered into.

Advice for landlords on new EPC Minimum Energy Efficiency Standards

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 were made on the 26th March 2015. They introduced a change in the law whereby from the 1st April 2018, it will be unlawful to privately let residential and commercial properties with an EPC rating of ‘F’ or ‘G’, unless one of the exemptions detailed below applies.

It is important to note that the Regulations will not apply to properties that are not required to have an EPC or where a property is let for a period of less than six months or for a term of more than 99 years.

Property fraudsters – who is to blame?

It is commonplace for a legal professional to request proof of identification from their client at the beginning of any legal transaction. For a conveyancer, verifying their client’s identity is a particularly heavy burden to bear. Not only does a conveyancer owe a duty of care to their client, but also to their client’s lender…

Are restrictive covenants enforceable?

Employers often choose to include restrictions within employment contracts. Workers who sign up to the restrictive covenants are agreeing not to do certain things once their employment is over. These restrictions work to protect employers by preventing their previous employees from using the knowledge and information gained at the workplace for the benefit of their new jobs.

Changes to the Consumer Rights Act (CRA). What do you need to know?

October 2015 heralds a wholesale overhaul of the UK’s consumer rights regime.

Designed to clarify and consolidate existing consumer law – which currently spans ten different acts – the new CRA also introduces some significant changes.

Intended to make the law clearer and easier to understand, the Act does present a number of challenges for businesses. It is expected that most companies will need to make at least some changes to their terms and conditions before it comes into force on 1 October.

The Small Business, Enterprise and Employment Act. What do you need to do now?

The Small Business, Enterprise and Employment Act 2015 (SBEE) received Royal Assent last month and is set to herald significant changes to UK company law.

Scheduled to be implemented by October 2016, proponents hope the legislation will considerably improve the position of SMEs by reducing red tape and ensuring fair competition.

Ultimately, the Act could play a crucial role in influencing investors considering doing business in the UK.

Central to the legislation, there are a number of changes relating to what companies file with Companies House. It is expected that all companies will be affected by at least some of the changes.

Breaking bad or breaking even – how to turn break clauses into an advantage

Including break clauses in commercial property leases allows both tenants and landlords the flexibility to terminate a lease before the agreed fixed term has expired and both parties can turn break clauses into an advantage.

The economic downturn has resulted in an increased number of landlords agreeing to break clauses in a bid to make their properties more attractive to businesses. While this allows some flexibility for both parties, these can prove to be the danger that knocks however.

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