What You Need to Know about the New EU General Data Protection Regulation?

The new General Data Protection Regulation (GDPR) is a piece of legislation that will seriously affect every organisation in different ways, yet more than half of European companies are not aware of the new Regulation coming into force in May 2018.

What is the GDPR all about?

The GDPR is a Regulation aiming to strengthen, standardise and unify the rules concerning data protection and data processing. The Regulation will be directly applicable throughout the EU from 25 May 2018, without requiring implementation by the EU Member States through national law. The Regulation aims to:

• harmonise the current legal framework, which is fragmented across Member States;
• return control over personal data back to the users; and
• introduce new Data Protection Officers to supervise the storage and processing of personal data.

Does it affect me?

Most likely, yes. You may not be aware of that, but almost every modern app, website an online service involves personal data processing. This is why under current data protection laws everyone responsible for using data has to follow strict rules called ‘data protection principles’.

Come May 2018, this may not be good enough.

If you use personal data in any capacity — by storing it, transferring it, analysing it or even simply holding it to carry out an online transaction — you will be dealing with data processing.

What is the new Data Protection Officer (DPO) and do I need one?

The GDPR requires companies to nominate a data protection officer (“DPO”) under certain circumstances. Thus even a relatively small start-up may need to nominate a DPO if their core activities involve “regular and systematic monitoring of data subjects on a large scale” or consist of “processing on a large scale of special categories of data” (as per article 37 of the GDPR).

There is no legal requirement for a DPO to hold any official qualifications but they are expected to have reasonable knowledge and experience to fulfil their duties.

The DPO will need to ensure that the data is stored properly and that the business complies with the data protection rules and regulations.

What do I have to tell my customers?

The GDPR requires that companies give certain information to individuals about the processing of their personal data. Examples of this type of information include the identity of the company processing their data, and the contact details of the relevant DPO, where applicable.

In addition, customers will need to be informed of the legal basis for such processing. Individuals will have much greater say in determining how their data may be lawfully used, with active rights to change consent based processing and rights to object to processing based on “implied” rights (i.e. legitimate interests). You’ll have to allow for the consent to be withdrawn at any point, and the security and privacy settings to be set to the high level by default. Your users will also be able to request that all their data be erased from your databases and services.

You will also have to tell your users about any data security breach, as well as inform the regulator about it.

The rules on transferring data to other organisations, or outside Europe are stringent and require the controller to take full responsibility for proper and secure handling supported by effective due diligence and contractual measures.

The changes introduced by the GDPR will ultimately require a substantial review of privacy policies and statements, which will include any contracts that you might have with sub-contractors who process personal data on your behalf (such as cloud service providers).

What do I need to know?

Start documenting your data processing practices. Start defining the categories of data, the purpose of the data and who has responsibility for the data.

Everything from a simple loyalty card app to a multi-layered customer profiling systems will have to closely trace what is happening with every piece of data.

Even if you are not obligated to nominate a DPO at present, it might still make sense to nominate a member of your staff internally as soon as possible, as doing so will help to focus implementation and drive accountability.

Start thinking about potential risk areas. The GDPR implements the so-called risk-based approach, which means that the greater the risks posed to the privacy rights of individuals, the more safeguards and transparency will be needed.

Now, many apps simply take the required user data and process it in a variety of different algorithms, putting chunks of data into a number of databases (e.g. for sales, user profiling, purchasing behaviour, statistics or usage history).

All organisations will be expected to promote privacy and data protection compliance from the start when creating new products and services. Privacy impact assessments must be carried out as a matter of routine, especially when considering new arrangements that may involve handling sensitive data fields, or large volumes of personal data.

What if I’ve got any questions?

We’re here to help! The new Regulation will require major changes and substantial data protection review. It will affect almost all businesses in the UK and across Europe, with some global ramifications for international companies based here.

We understand that this may be a daunting process and that is why you should start preparing for the GDPR early. Our team can assist you in preparing for the Regulation. We can carry out a privacy impact assessment for your organisation, help you develop effective organisational controls and governance structures and draft all the necessary data processing documentation required by the GDPR enabling you to achieve compliance with the GDPR.

 

The Legal Stop

Website Legal Package – 5 Essential Documents for Your Website

We at The Legal Stop are constantly coming up with innovative solutions to help you save money and keep your business legal.

The Website Legal Package offers a clever way for online businesses to comply with the many legal requirements faced when selling online. If you are selling goods and/or services online there are several laws and regulations that you must comply with; for example, the Data Protection Act 1998 requires all organisations that, directly or indirectly, collect information about people to have a privacy policy in place ensuring that organisations collect information about people fairly and transparently.

With The Website Legal Package all the required legal documents for your online business are drafted by a UK lawyer specifically for you. At an affordable one- off fixed fee of only £350 (NO HIDDEN EXTRAS) one of our lawyers will draft all the documents you require for your online business. Every document is bespoke, drafted specifically for your website to meet your particular needs.

The package includes 5 ESSENTIAL DOCUMENTS for your online business:

  1. Terms and Conditions
  2. Privacy Policy
  3. Cookies Policy
  4. Acceptable Use Policy, and
  5. Website Terms of Use

If you want to know more get in touch with us at info@thelegalstop.co.uk

 

FREE Request a Template Service @ The Legal Stop

 

If you are looking for a particular template online check us out at www.thelegalstop.co.uk! We have a constantly growing portfolio of legal document templates and if you cannot find on our website the document you  are looking for you can always request it at no extra charge and 100% money back guarantee: www.thelegalstop.co.uk/request.html

 

 

Declaration of Trust

A Deed of Trust, also known as a Declaration of Trust, is a document used to specify how a property is held between joint owners; it confirms the actual proportions in which co-owners own their homes.

A Deed of Trust is commonly used to hold property in joint names but in different proportions especially where there have been differing contributions towards the purchase price, it helps determine the division of any proceeds of sale when the property is sold.  A Deed of Trust can prevent disputes as to who gave what ensuring that each joint owner gets a fair portion of what they put into the property when the property is sold.

There are several situations where a Declaration of Trust can prove useful, for example where two or more people purchased a property jointly but each has made differing contributions towards the purchase price. Another common situation is where money has been provided by a third party who is not on the title deeds but wants to protect their contribution.  A Declaration of Trust can also be used to set out restrictions or obligations on the use of the property or where one of the owners wishes to surrender or relinquish their interest in the property.

Our Declaration of Trust – Tenants in Common (Contributions Based) template shall be used where joint owners wish to determine each owner’s share of the property according to their financial contributions to the property. The document records each person’s contribution by way of purchase costs, mortgage payments and sums spent on improvements and sets out how each owner’s percentage share in the property is calculated.

 

The Legal Stop provides fixed fee legal services and legal and business document templates for all types and sizes of businesses. Our services include:

  • Legal and Business Document Templates
  • Request a Template Service
  • Fixed Fee Bespoke Document Drafting
  • Free Legal Documents and Information

We aim to make the law and provision of legal services accessible and transparent to people and businesses alike!

Deed of Variation – Alter a Disposition Made by Will

To change an inheritance after a death a Deed of Variation is required. Technically you don’t need a formal deed to change an inheritance however it is common practice to use a deed to ensure enforceability.

A Deed of Variation allows a beneficiary of an estate to change or re-arrange a disposition made by will.

There are several reasons why beneficiaries may wish to vary or redirect an inheritance, such as:

  • To reduce the amount of Inheritance or Capital Gains Tax payable
  • To alter the interests under a will
  • To provide for someone who has been omitted from a will or who has not been given adequate financial provision in a will
  • To resolve any uncertainty or amend a defect in a will

The main effect of a Deed of Variation is that the alteration made by the deed is treated for inheritance tax and potentially also capital gains tax as having been made by the deceased and not by the beneficiary who has given up his entitlement under the will.

In order for a Deed of Variation to be valid it must be signed by everyone affected. A variation cannot be done without the consent of everyone likely to be affected by it; if the variation affects the rights of children or unborn children Court approval is required, a parent’s signature on behalf of a child is not sufficient.

A Deed of Variation can be done at any time but to have retrospective effect for Inheritance Tax or Capital Gains Tax purposes it must meet the conditions below:

  • The  variation must be made within two years of the deceased’s death
  • The right tax declarations must be included in the deed. For a variation to take effect for IHT and/or CGT purposes, it must contain a statement that those signing the variation intend it to take effect for tax purposes. The statement may apply to either IHT or CGT alone or for both taxes. The statement must include the appropriate statutory references
  • There must be no inducements (such as a cash payment) given to any beneficiary to enter into the deed
  • The variation must clearly identify the part(s) of the estate that are being varied, and say who is to benefit from the variation
  • The destination of an asset cannot be varied more than once, although more than one deed is permissible if they deal with different assets

For a Deed of Variation template allowing a beneficiary to redirect their inheritance to another person click here

 

The Legal Stop provides fixed fee legal services and legal and business document templates for all types and sizes of businesses. Our services include:

  • Legal and Business Document Templates
  • Request a Template Service
  • Fixed Fee Bespoke Document Drafting
  • Free Legal Documents and Information

We aim to make the law and provision of legal services accessible and transparent to people and businesses alike!

FIXED FEE DOCUMENT DRAFTING SERVICE

Whether you are looking for a contract specifically drafted to suit your requirements or to have a current document reviewed and amended our Fixed Fee Document Drafting service is the solution for you.

The Fixed Fee Document Drafting service gives you the opportunity to have, for a low fixed fee of just £350, an experienced UK qualified solicitor or barrister drafting a contract or any other legal document you require to meet your legal and business needs.

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