Interplay between the gdpr and psd2

The European Data Protection Board’s (EDPB) guidelines on the interplay of the second Payment Services Directive (PSD2) and the EU’s GDPR (GDPR) provide helpful guidance to “Payment Initiation Service Providers” (e.g., Revolut, Stripe and Worldpay) (PISPs) and “Account Information Service Providers” (e.g., Revolut, Stripe and Xero) (AISPs). However, as expected there are areas which have […]

Brexit v data protection

The EU’s GDPR became law on 25 May 2018 (“EU GDPR”). In the UK, the DPA 2018 was introduced at the same time, with the intention of ensuring that UK and EU regimes were aligned post-Brexit as well as to supplement the GDPR requirements and standards, set out UK-specific exemptions and cover areas not dealt […]

What traps should you watch out for in commercial contracts?

Whether you are a customer or a supplier, ensuring that your contracts with third parties protect your business and knowing what minimum protections there should be – can sometimes be an unnerving task. So, where do you start? Clearly, each side will have different priorities and principles that they want to protect. What is important […]

How to manage your liability in commercial contracts

Whether you are a customer or a supplier, the apportionment of risk between you and your counterparty is one of the key features of any contract you enter into. Both parties want to ensure that their respective interests are protected, so agreeing how risks are borne and which party is liable for what risks under […]

Being online in a pandemic and beyond

Over the last few months many businesses have had to move their operations online, and some have even had to change or expand their existing (online or offline) client base. In the early days of the pandemic, the Government pleaded for manufacturers to change their production lines and start making ventilators. Companies clambered at the […]

Make sure you own what you create!

If you own an item of property, you have the right to do certain things with it such as selling it to a third party for an agreed price. You also have the right to prevent other people from doing certain things with your property, such as using it without your permission. These ‘property rights’ […]

Thinking of franchising your business?

Franchising is a well-tested business model that is used by many big brands and many growing brands as a way of expanding their business through independent organisations, while still keeping control of the brand and business system. Franchising describes the arrangement where one person (a franchisor) grants to another (a franchisee) a licence to operate […]

Agent or distributor – which is right for you?

The appointment and use of commercial agents and distributors to develop markets, both domestic and overseas, and to increase sales of goods and/or services is a well-established commercial practice. But what are the distinctions between, and the respective advantages and disadvantages of appointing, agents and distributors? How do you know you are going down the […]

Legal considerations when trading with consumers

The consumer market is vast and the legislation in place to regulate it and protect consumers can seem daunting to business owners because it is complex and detailed. It is important to ensure that your business is, and at all times remains, compliant – the consequences of your failure to comply can include a contract […]

I want to export – what legal issues should I consider?

There are a host of reasons why UK businesses choose to export. These can include: Accessing new markets – this may be natural expansion or because the domestic market is at or near saturation Developing new sources/streams of revenue Leveraging off ‘Brand Britain’ – undoubtedly many overseas customers actively seek British-made or branded products, often […]