DWF LLP

This Practice Note considers the application of the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053. It discusses the application of the Commercial Agent Regulations, the definition of a Commercial Agent under the Regulations, excluded categories of persons who might otherwise fall within the definition, the secondary activities exclusion and sub-agents.

This Practice Note considers some of the key legal and practical issues which can occur in loan portfolio sales from the perspective of a banking lawyer.

This Practice Note provides an outline of the main legal documentation which is likely to be used in a loan portfolio sale and suggests typical stances taken by sellers and buyers

This Practice Note explains the relationship between a commercial agent and a principal as provided by the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 (the Commercial Agents Regulations).

This Practice Note covers how the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations 1993), SI 1993/3053 apply to the termination of a commercial agency arrangement. It covers a commercial agent’s right to payment of compensation or an indemnity in the event of such termination. It discusses the way that compensation and indemnity may be calculated on termination of a commercial agency arrangement under the Commercial Agents Regulations 1993 and the circumstances in which compensation or an indemnity are not payable.

This Practice Note considers the implications of the Financial Conduct Authority’s (FCA) Consumer Duty for firms’ approaches to complaints handling. It sets out practical considerations for firms in ensuring their complaints handling processes meet the higher expectations of the Consumer Duty. It also considers the implications for firms which could arise from the Financial Ombudsman Service’s (FOS) interpretation of the Duty and the regulatory risk relating to poor complaints handling. Finally, it touches on professional indemnity insurance (PII) considerations including the challenges for firms in paying proactive redress under the Duty in the absence of a live (or finally determined) complaint or claim.

This is a precedent set of optional sub-clauses for integration into provisions relating to arrangements between a controller and processor where one of the parties is required to appoint a representative under data protection law. They are suitable for use where a counterparty is required (or may be required) to designate a representative under Article 27 of the United Kingdom General Data Protection Regulation (UK GDPR), Assimilated Regulation (EU) 2016/679. As explained in the drafting notes they may also be adapted for use in controller to controller or sub-processing arrangements, or for use in arrangements to which the EU’s General Data Protection Regulation (EU GDPR), Regulation (EU) 2016/679 applies.

This Q&A considers what falls under the category of ‘personal data’ for the purposes of the GDPR and DPA 2018.

This Q&A deals with data protection clauses in a services contract involving the processing of personal data on a controller-processor basis, where one party is required by Article 27 of Regulation (EU) 2016/679, GDPR to appoint an EU representative.

This Q&A considers data protection issues in a no-deal Brexit scenario.

This Q&A looks at the situation where group companies wish to share personal data and touches on many aspects of the data protection regime.