Ashfords' In-House Legal Bulletin - October 2018

The GDPR and Data Protection Act 2018 - where are we now?

As the GDPR and the Data Protection Act 2018 approach their 5-month anniversary it is crucial that businesses minimise risk by continually monitoring how the ICO implements the legislation and evolving compliance strategies accordingly.

This is the first of a series of articles keeping you up-to-date with the ICO's implementation activities and outlines next steps which in-house counsel should consider taking as a result. This month we take a look at international data flows.

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When idle gossip goes too far…

Recently there has been yet another data breach involving Facebook. An estimated 50 million user accounts may have been affected by a security breach that could allow the attackers to take over the accounts.

The publicity surrounding the introduction of the GDPR means that users of social media are well aware of the duties owed to them by the organisations that process their data.

But what happens when the breach is closer to home? When can idle workplace gossip, or even malicious actions by a disgruntled employee, lead to a claim being brought against an organisation?

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Surviving the High Street: The break clause lifeline

No-one is safe on the High Street. Once 'blue chip' names such as Marks and Spencer, New Look and Mothercare are suffering and forcing store closures. House of Fraser has been rescued in a pre-pack but some of its stores are still likely to go.

There is no secret to success in the High Street and when taking on a new High Street lease a landlord will commonly offer you a fixed term lease of 3, 5, 7 10 or 15 years. The longer the lease the better the perceived value of the landlord's interest. Initially a short term lease of 3 or 5 years may seem attractive but may come with a drawback. The landlord will want to exclude your right to renew this comparatively short lease when it comes to an end.

All well and good if the business has not been successful but if you have survived and prospered you are at the mercy of the landlord who may dictate unfavourable terms for a renewal.

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