Can I do anything now to get ready for the changes in data protection laws?

Yes, it’s really important to get your house in order, ready for the new legislation.

You will need to get to grips with the new rights of individuals, handling subject access requests, consent, data breaches, and maybe even designating a data protection officer.

There is a responsibility to demonstrate compliance and so documenting what personal data you hold, where it came from and who you share it with is an absolute must.

The important thing is to make sure that someone in your organisation takes proper responsibility for data protection compliance in good time and has the knowledge, support and authority to do so effectively.

How can Crimson Crab help? Read more…

Online endorsements

As business owners we know that a positive online endorsement can help sell our products and services.

Checking out blogs, vlogs and other online endorsements is an increasingly common way for people to decide what particular product or service to buy.

It is not illegal for businesses to pay people or publications to promote their products in online articles.

BUT the people that publish such content, both the businesses that want to get their products endorsed and any media agencies that place endorsements all need to make sure that the consumer knows that the endorsement has been paid for.

Misleading consumers may breach consumer protection law. Also the UK Advertising Codes, published by the Committee of Advertising Practice (CAP), contain rules to ensure marketing communications are easily identifiable.

Are my terms and conditions suitable?

There are two main issues here:

  1. using terms and conditions that are not bespoke to your business; and
  2. using terms and conditions that are out of date.

Your business’ terms and conditions should:

  • underpin the provision of good, consistent customer service;
  • give clarity of expectations & payment terms;
  • provide protection for all the parties involved;
  • ensure you meet all the legal requirements for your particular business; and
  • minimise legal disputes

If the worst comes to the worst and you end up in dispute with a client or customer, if they are in writing, they provide great evidence of what was agreed in the first place.

How can Crimson Crab help?

We can provide a free no obligation quote for a bespoke set of terms and conditions. Request a quote.

For a small fee we can review your current terms and conditions and give you a no obligation quote if they need amending. Order a review.

If you operate a consultancy we can supply a standard form agreement suitable for your business read more…

 

 

How is the law on Data Protection changing?

The General Data Protection Regulations (GDPR) will apply in the UK from 25th May 2018.

The government has confirmed that the UK’s decision to leave the EU will not affect their commencement.

They apply to ‘controllers’ and ‘processors’. The controller says how and why personal data is processed and the processor acts on the controller’s behalf. If you are currently subject to the Data Protection Act, it is likely that you will also be subject to the GDPR.

If you are a processor, the GDPR places specific legal obligations on you; for example, you are required to maintain records of personal data and processing activities. You will have significantly more legal liability if you are responsible for a breach. These obligations for processors are a new requirement under the GDPR.

However, if you are a controller, you are not relieved of your obligations where a processor is involved – the GDPR places further obligations on you to ensure your contracts with processors comply with the GDPR.

Read more…

Feedback from Chris Jay Executive Chairman Enable Me

Having recently spent an afternoon with Rob thrashing out an important policy for our charity, his guidance and facilitation were crucial to the finished product and unlike some consultants we have used in the past, he has actually written it on our behalf as well as several other policies in conjunction with us.
As Chairman of Enable Me, it is a huge weight off my mind to know that someone with such competence is supporting us in such an important area. I highly recommend Crimson Crab to all sectors of industry.
 
Chris Jay Executive Chairman Enable Me

The fit and proper persons test for charity managers

HMRC has updated its model declaration and help sheet on the fit and proper persons test for individuals who manage charities, etc entitled to UK charity tax reliefs. which is concerned with ensuring that charities are not managed or controlled by individuals who present a risk to the charity’s tax position. The guidance now includes a detailed description of the circumstances in which a charity manager who has used or been involved in the design or promotion of tax avoidance schemes may be deemed not to be fit and proper person.

Employment status

An employment tribunal held that an Excel cycle courier was a worker rather than being in business on their own account, therefore succeeding in their claim for a week’s holiday pay.

The case applies the recent Court of Appeal decision in Pimlico Plumbers Ltd v Smith [2017] EWCA Civ 51.

(Boxer v Excel Group Services Ltd ET/3200365/2016)

How can Crimson Crab help?

Dispute resolution and mediation

The Court of Appeal dismissed a defendants’ appeal against an order requiring them to pay 75% of the claimants’ costs of the claim, despite the overall outcome at trial being less advantageous to the claimants than the defendants’ settlement offer.

This shows the risks of prevarication in relation to mediation.

(Thakkar and another v Patel and another [2017] EWCA Civ 117)

How can Crimson Crab help?

The Fundraising Preference Service

The Fundraising Regulator (FR) is inviting charities, sector professionals and members of the public to give their opinion on different elements of the development of the Fundraising Preference Service (FPS).

Anyone who registers online to take part in the consultation will receive a brief weekly email from the FR asking for feedback on different aspects of the FPS, ranging from function to appearance.