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Corporate and Commercial Law Blog

Insights and legal updates from our specialist corporate lawyers.

15 December 2017

An introduction to contracts between data controllers and data processors under the General Data Protection Regulation

Under the GDPR, when a ‘data controller’ engages a ‘data processor’, the two parties must enter in to a written contract. Article 28 of the GDPR sets out what specific terms, as a minimum, must be included in such contracts. Such terms are required to ensure that the processor complies with the GDPR when processing the personal data in possession of the controller. Article 28 is a new requirement which did not exist under the Data Protection Act 1998 (the “DPA”), meaning that controllers who are currently compliant with the DPA will not necessarily have included these provisions in their processor contracts.

Josephine Burnett

28 November 2017

The real impact of the GDPR… new notification obligations

To date, GDPR headlines have mainly focused on the threat of heavy fines. However, the Information Commissioner’s Office (the ‘ICO’) has made it clear that issuing fines has always been, and will continue to be under the GDPR, a last resort. Rather, the most immediate impact of the GDPR following a data breach is the new obligation under Article 29 to notify both the ICO and those individual data subjects affected by data breaches. These individuals are most likely to be the clients, customers, suppliers and other contacts upon which your organisation relies and, following any significant data breach, notification may lead to that breach becoming public. 

Josephine Burnett

27 November 2017

What is a term sheet and why is it important?

If you are a founder, entrepreneur or a potential investor, at some stage you are likely to encounter a term sheet. So, what are term sheets actually for and what issues do you need to consider?

James Fulforth

30 August 2017

Block chain: Is the GDPR out of date already?

The General Data Protection Regulation (“GDPR”) amounts to a significant overhaul of existing data protection regulation and is designed to be ‘technology neutral’. However, how the GDPR will cope with emerging block chain technology and a move towards the decentralisation of data storage remains to be seen. 

14 June 2017

Bridging loan over troubled water? Tips for a quicker and easier refinance

Bridging loans are short term, high interest loans that can be a useful resource to access funds quickly, at a price. Usually the main priority for our clients seeking to take out bridging loans is to drawdown funds quickly. In this blog we aim to share a few tips with borrowers who are considering bridging finance on how to achieve a smoother, quicker and easier refinance. Refinancing will never be stress free, but it can certainly be less stressful if you keep in mind these tips. 

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