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Do you have any materials relating to the meaning of controller vs processor? Is it the case that Article 28 of the GDPR applies only where the processing of data is carried out on behalf of a controller (by a processor)?
Q&As
A first step to take in analysing requirements under the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) in relation to any data sharing is to establish the capacity in which the relevant parties are acting. In a similar manner to preceding EU data protection laws, the GDPR distinguishes between controllers and processors. In summary, Article 4 of the GDPR, Regulation (EU) 2016/679 generally defines a controller as: ‘the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data...’ In contrast, Article 4 of the GDPR, Regulation
Do you have any notes on the application of Transfer of Undertakings (Protection of Employment) Regulations 2006 in property-related transactions?
Q&As
You may find useful the Practice Note: TUPE—issues arising in property transactions. Please note, however, that the drafting of this Practice Note is aimed at property lawyers who are looking for an insight into Transfer of Undertakings (Protection of Employment) Regulations
Do you have any notes or guidance for how a residential landlord letting to private individuals under an assured shorthold tenancy agreement should approach the General Data Protection Regulation requirements?
Q&As
Under Article 6(1) of the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679, processing of data is only lawful in certain circumstances. These include where the data subject has given consent (Article 6(1)(a) of Regulation (EU) 2016/679, the GDPR), where it is necessary for the performance of a contract to which the data subject is party (Article 6(1)(b) of Regulation (EU) 2016/679, the GDPR) and where it
Do you have any precedent Transfer Deeds which can be used when the property is transferred when the parties have divorced? Also do you have a precedent Transfer Deed when the property is transferred in divorce proceedings subject to a mortgage remaining?
Q&As
This Q&A assumes that: • the property is registered land and is subject to a registered charge (being the mortgage) • the disposing co-owner is disposing of both its legal and beneficial interest in the property to the other co-owner There is no particular precedent transfer for use in divorce proceedings. If it is a transfer of the whole of registered land then a TR1 should be used. See Precedent: Transfer of whole. You state that the mortgage is to remain in place subject to the release of one of the parties. Most mortgages prohibit the transfer of the equity of redemption and any such transfer would require the consent
Do you have any precedent clauses which could be included in a surrogate's Will, so that if they were to die during labour or before the intended parents obtain a parental order the child would be considered the legal child of the intended parents?
Q&As
A guardianship precedent clause could be adapted. See: • Commentary: Guardians: Williams on Wills Precedents (2) [203.47] • Commentary: 131 Clause in will—appointment of guardian if spouse or other person with parental responsibility (such as civil partner) has predeceased: Encyclopaedia of Forms
Do you have any precedent for a client account acknowledgement of trust?
Q&As
We refer you to the template letters set out in Chapter 7, Annex 2, Annex 3 and Annex 4 of the Client Assets Sourcebook (CASS) which forms part of the Financial Conduct Authority’s (FCA) Handbook. For
Do you have any precedent wording for inclusion in a health and welfare LPA that expresses the donor’s wishes: (a) in the event that he were in the last stages of terminal cancer, only to receive treatments to make his life more comfortable and not to prolong his life or prevent him from dying at home; and (b) in the event that he were to be in a persistent vegetative state, not to receive life sustaining treatment?
Q&As
We do not have any precedent wording for inclusion in LPA forms in Lexis®PSL Private Client. However, we refer you to the OPG’s guidance: Office of the Public Guardian guidance on making and registering a lasting power of attorney—LP12, which contains example wording which closely matches your client’s requests. In particular, see page 25 which provides guidance on entering preferences
Do you have any procedural guidance and/or template claim forms/particulars in connection with a claim for a declaration that an easement exists?
Q&As
The Land Registration Act 2002 (LRA 2002) made major changes to the ways in which easements over registered land are created and protected. If an easement over registered land created since 13 October 2003 (when LRA 2002 came into force) is not protected by entry of a notice then, generally, a buyer of the servient land will not be bound by it. See overview: Easements—overview for further detail. Under LRA 2002, a legal easement can be created only by using prescribed HM Land Registry
Do you have any resources on the on the definition of ‘revenue’ in a commercial contracts setting?
Q&As
We have been unable to find any legal authority for a definition of ‘revenue’. Contract terms will be construed and interpreted in accordance with the general principles and rules of contract interpretation as established by a considerable body of case law. Much will depend on the context and factual background of the agreement in which the term is used. A simplified and brief summary of these principles is provided in Practice Note: General rules of contract interpretation—summary. ‘Revenue’ is often equated with ‘income’ or ‘turnover’ and is generally understood to mean the total amount of income received or generated by a business. A company can be receiving or generating revenue but not be making a profit. Debts and liabilities are generally not deducted when calculating revenue, whereas they are when calculating profits. ‘Revenue’ may typically be referred to in the context of an exemption
Do you have any simplified guidance as to how the Financial Conduct Authority defines a ‘Material Risk Taker’ who could cause significant harm (classified as a Certified Person) under the Senior Managers Certification Regime?
Q&As
The Financial Conduct Authority has specified nine significant-harm functions and expects firms to ensure that any staff performing one of the nine specified functions has a valid certificate issued by the firm to perform that
Do you have any specific Precedent letters of instruction to a single joint expert for valuing mixed use commercial property in financial remedy proceedings? Are there any accompanying Practice Notes?
Q&As
This Q&A is limited to the instruction of a single joint expert to provide valuation evidence as to the value of a mixed use commercial property in the context of civil proceedings. We do not have a specific Precedent regarding instruction to a single joint
Do you have any standard wording for use in a defence where I am seeking an indemnity from the second defendant?
Q&As
In answering this Q&A, we assume this Q&A is referring to making a claim for an indemnity from an existing defendant ie an additional claim. Defence For example wording we refer you to commentary: Notice by the first defendant for a contribution or indemnity from the second defendant: Atkin’s Court Forms [20] which contains the