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Website terms and conditions for supply of services to consumers—checklist

Website terms and conditions for supply of services to consumers—checklist This Checklist sets out the essential points that should be considered when drafting or updating online terms and conditions for the supply of services to consumers. It should be used where a lawyer wants to make sure that such terms and conditions comply with consumer protection legislation (and any guidance issued under it). This Checklist should be used in addition to the following: • Key consumer information requirements—checklist • Information requirements under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—checklist • Consumer cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—Services—Flowchart • General information to be disclosed by e-commerce websites—checklist • Drafting consumer contracts—checklist For a discussion on the key legal issues to consider when designing and developing a business-to-consumer (B2C) e-commerce website for trading with consumers, see Practice Note: Business to consumer e-commerce—legal issues. Introduction Businesses that transact with consumers are subject to more onerous legislative requirements and, consequently, need to pay close...

Instructing third parties—checklist—law firms

Instructing third parties—checklist—law firms This Checklist is designed to help you determine whether you have the systems in place to comply with regulatory requirements that apply to law firms in relation to instructing third parties. It should be read in conjunction with subtopic: Instructing third parties. Selecting and evaluating third parties Requirement Compulsory or recommended Comments (if any) ☐  Implement systems and procedures to select and evaluate third parties you instruct on clients’ behalf See Precedents: Instructing third parties policy , Third parties register and Third party evaluation form Compulsory for Lexcel accredited firms, otherwise recommended Lexcel England and Wales v6.1: Standard for legal practices, para 7.5 (Insert any comments you may wish to make regarding your firm’s arrangements) ☐  Implement systems and procedures to: —consult with your client in relation to the selection of the expert or barrister, where appropriate—advise your client of:• the name and status of the person being instructed • if the client will have to fund the disbursement,...

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Data protection for pensions lawyers

STOP PRESS: The Information Commissioner's Office launched a new audit framework on 7 October 2024 to assist organisations in assessing compliance with data protection laws by offering practical tools for building and maintaining strong privacy management. The audit framework is an extension of its existing Accountability Framework. The framework is suitable for large businesses and organisations in the public, private and third sectors. It is not directly applicable to small businesses and organisations, or organisations who process personal information subject to Part 4 of the Data Protection Act 2018 (Intelligence services processing). This framework features nine toolkits covering areas such as accountability, records management, cybersecurity, data sharing, requests for data, personal data breach management and artificial intelligence, which aims to empower organisations to identify areas for improvement. Each toolkit has a downloadable data protection audit tracker that will help organisations conduct their own assessment of compliance, tracking actions that must be taken in areas needing improvement. By using the framework, the aim is that organisations can enhance their data protection...

Employment due diligence—share and asset purchases

This Practice Note provides employment lawyers with an introduction to the due diligence process in which they will be involved as advisers to the seller or the buyer prior to the acquisition of shares in a private limited company or the acquisition of a business and its assets (the target). It also considers the factors affecting the nature and extent of due diligence that an employment lawyer for the buyer or seller should consider.For more detailed guidance on the particular issues to consider in employment due diligence on a share purchase, see Practice Notes: •Share purchases—employment issues acting for the buyer, and•Share purchases—employment issues acting for the sellerFor further information on complying with data protection obligations under Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018) during due diligence and on completion of a share or asset purchase, see Practice Note: Corporate transactions and service provision changes (employment)—data protection issues.Introduction to the due diligence processThe starting point for a buyer...

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Consultancy agreement—company and individual—pro-client (short form)

Consultancy agreement—company and individual—pro-client (short form) [ON HEADED NOTEPAPER OF CLIENT COMPANY] [Insert consultant’s name] [Insert consultant’s address] [Insert date] Dear [insert consultant’s name] [ Consultancy agreement OR Insert name of project ] Further to our recent discussions, I am pleased to confirm the terms of our agreement regarding the provision of your consultancy services to [insert name of client company] (Company). 1 Term 1.1 [Subject to the terms set out in this letter, your engagement [will commence OR commenced] on [insert date] and will continue unless or until either party gives to the other not less than [insert number] [weeks’ OR months’] prior notice in writing. OR 1.2 Your engagement will be for a fixed period of [insert number] months from [insert date], subject to the terms of this letter and subject to the right of either the Company or you to give to the other not less than [number] [weeks’ OR months’] notice in writing during such fixed period terminating the...

Distribution agreement—non-exclusive—short form

Distribution agreement—non-exclusive—short form This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Manufacturer); and 2 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Distributor); each of the Manufacturer and the Distributor being a party and together they are the parties. Background (A) The Manufacturer manufactures [and supplies] the Products. (B) The Distributor has agreed to distribute the Products on a non-exclusive basis in the Territory in accordance with the provisions of this Agreement. The parties agree: 1 Definitions 1.1 In this Agreement: Active Sales • has the meaning given in Article 8(7) of VABEO; Affiliate • means any entity that directly or indirectly controls, is controlled by, or is in under common control with, another entity where “control” means the beneficial ownership of...

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What are the sanctions in English law and arbitration for a party that has destroyed documentary evidence?

What are the sanctions in English law and arbitration for a party that has destroyed documentary evidence? Sanctions under English law Disclosure under CPR 31—preservation of documents Documents that a party intends to rely on in litigation should be preserved as soon as litigation is contemplated. CPR PD 31B, para 7 expressly requires practitioners to advise their clients of the need to preserve disclosable documents as soon as litigation is contemplated. This obligation encompasses past, present and future information. In relation to the preservation of electronically stored information it is particularly important to ensure that nothing is altered, deleted, lost or destroyed. For more information, see Practice Note: Disclosure—preserving documents. If a party fails adequately to preserve disclosable information, it may face satellite litigation regarding the documents in question. The court may order the party to provide an explanation why documents have not been preserved (Glaxo Wellcome UK Ltd v Sandoz Ltd). If the court considers it appropriate, it may draw adverse inferences against a party which...

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TMT weekly highlights—17 April 2025

Welcome to this week’s edition of the TMT weekly highlights: a hand-picked summary of news analysis, updates and new content from across the technology, media and telecoms sectors. These highlights focus on key topics including new technologies, software, cloud computing, internet, outsourcing, music, film & television, publishing, defamation and telecoms.

Information Law weekly highlights—17 April 2025

Welcome to this week’s edition of the Information Law weekly highlights: a hand-picked summary of news analysis, updates and new content related to laws governing the use and dissemination of information and personal data. Each week these highlights focus on developments in key topics such as data protection, ePrivacy, cybersecurity, breach of confidence, misuse of private information, and defamation.