Data protection essentials

View Commercial by content type:

News

Practice notes

Precedents

Q&As

Latest Commercial News

Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The following Commercial news provides comprehensive and up to date legal information on Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

Agency—undisclosed commission—recission—whether fiduciary relationship required (Wood v Commercial First Business)

The following Banking & Finance news provides comprehensive and up to date legal information on Agency—undisclosed commission—recission—whether fiduciary relationship required (Wood v Commercial First Business)

Continuing duties after Walsham—limitation and the pitfalls of delay (Equitas v Sande Investments)

The following Commercial news provides comprehensive and up to date legal information on Continuing duties after Walsham—limitation and the pitfalls of delay (Equitas v Sande Investments)

Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

The following Commercial news provides comprehensive and up to date legal information on Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

Featured Commercial content

Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent...

Mistake in contract law

This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as...

Repudiation

This Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes to the...

Practice notes

Contract variation

This Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can...

9th Nov

In-house

Practice notes

Nature and types of agency

BrexitAs of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Practice notes

Agreements to agree

This Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has traditionally been held...

9th Nov

Practice notes

Digital Content Directive—summary

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Practice notes

Wilful misconduct and deliberate default in commercial contracts

This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in...

Produced in partnership with Tim Wright of Fladgate 12th Jan

In-house

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

COVID-19

In-house

Precedents

Consignment stock agreement—pro-supplier

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

Produced in partnership with Paul de Vince and Jagdeep Singh of Gateley Plc 12th Jan

Precedents

Business continuity clause

Definition—Business Continuity Event Business Continuity Event means an event (whether a natural or man-made phenomenon or...

9th Nov

COVID-19

Precedents

Deed of release and waiver

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

9th Nov

In-house

Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...

9th Nov

In-house

Precedents

Letter of variation

[ON HEADED NOTEPAPER OF PARTY A][Insert address of Party B][[Insert address of Guarantor]][Insert date]Dear [name of Party B][ and [name of...

9th Nov

In-house

Precedents

Short form letter of assignment

[On headed notepaper of the assignor]To: [Insert name and address of Assignee][Insert date]Dear [insert name of Assignee]Assignment of contractWe...

9th Nov

Practice notes

Agency and distribution compared

BrexitBrexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement,...

9th Nov

Practice notes

Private right of redress for consumers

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...

9th Nov

Precedents

Intra-group services agreement

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

Produced in partnership with Tim Wright of Fladgate 12th Jan

Most recent Data protection essentials content

Practice notes

Key definitions under data protection law

On 31 January 2020, the UK ceased to be a member of the EU and EEA. Given the extensive data flows between the EEA and UK, equivalent EEA data...

9th Apr

Practice notes

UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations

On 31 January 2020, the UK ceased to be an EU Member State and entered a Brexit implementation period. This Practice Note introduces the general...

9th Apr

Brexit

In-house

Practice notes

Data protection, privacy and confidential information case law tracker

This Practice Note tracks noteworthy High Court, Court of Appeal and Supreme Court decisions related to data protection, ePrivacy, misuse of private...

9th Apr

Practice notes

The Data Protection Act 2018

The Data Protection Act 2018 (DPA 2018) came into force on 25 May 2018. As first enacted it introduced four distinct data protection regimes into UK...

9th Apr

Brexit

In-house

Q&As

What is the impact of Brexit on international transfers of personal data?

This Q&A looks at the impact of Brexit on cross-border transfers of personal data involving the UK and EEA, under the General Data Protection...

8th Apr

Brexit

Practice notes

Data protection principles

On 31 January 2020, the UK ceased to be a member of the EU and EEA. Given the extensive data flows between the EEA and UK, equivalent EEA data...

Produced in partnership with Pillsbury Winthrop Shaw Pittman LLP 6th Apr

Q&As

Organisation A (Host Organisation) was allowing Organisation B (Abandoning Organisation) to use its office space. Abandoning Organisation has now ceased trading and disappeared. Abandoning Organisation left various computer equipment (which is suspected to contain personal and other business data) at Host Organisation’s premises. What are Host Organisation’s obligations in respect of any such personal data on the equipment under the general data protection regulation (GDPR)? What steps can Host Organisation take to dispose of Abandoning Organisation’s equipment (and any associated personal data) in compliance with the GDPR?

This Q&A assumes that:•Host Organisation is based in the UK•Abandoning Organisation is a data controller in respect of at least some of the personal...

Produced in partnership with Sam Morrow 29th Mar

Practice notes

UK GDPR and EU GDPR—extra-territorial reach

On 31 January 2020, the UK ceased to be an EU Member State and entered the Brexit implementation period. This Practice Note provides a high-level...

29th Mar

Precedents

Privacy policy—general commercial organisation—customer-facing

We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we...

29th Mar

Q&As

Which laws and regulations govern health care apps (mHealth)?

Regulation as a medical deviceAn app may, depending on the specific characteristics and intended use, fall within the definition of a medical device....

29th Mar

Practice notes

Introduction to the EU GDPR and UK GDPR

On 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note introduces:•the General Data Protection Regulation, Regulation...

24th Mar

In-house

Practice notes

Data portability

UK and EU data protection laws each include a right to data portability. This right allows individuals to obtain from a controller a copy of their...

Produced in partnership with Alex Brown of Simmons & Simmons 24th Mar

Practice notes

Processing personal data—standard of consent

This Practice Note is based on the UK General Data Protection Regulation (UK GDPR) and consent guidance published by the Information Commissioner’s...

22nd Mar

Practice notes

Processing personal data—obtaining, recording and managing consent

This Practice Note is based on the UK GDPR and consent guidance published by the Information Commissioner’s Office (ICO).What is consent?Consent is...

22nd Mar

Precedents

Personal data processing schedule—short form—pro-processor

This precedent is drafted in contemplation of arrangements where the parties wish to insert data processing provisions within a Schedule rather than...

15th Mar

Precedents

Personal data processing schedule—short form—pro-controller

This Precedent is drafted in contemplation of arrangements where the parties wish to insert data processing provisions within a Schedule rather than...

15th Mar

Precedents

Personal data sharing schedule—controller to controller—pro-disclosing party

Defined terms: This precedent schedule uses the additional defined terms ‘Agreement’, ‘Business Day’, ‘Disclosing Party’, ‘parties’, ‘person’ and...

12th Mar

In-house

Practice notes

Brexit—implications for data protection

This Practice Note discusses the impact of Brexit on the general processing of personal data under the General Data Protection Regulation, Regulation...

11th Mar

Brexit

In-house

Practice notes