AFC Bolton Sponsorship
We are delighted to be sponsors to AFC Bolton. AFC Bolton is a family run, grass roots football club specifically for girls between the ages of 6 and 16. They have grown from one under 14s team to now running an under 7s, 9s, 10s, 12s and 14s. The club charges a low monthly fee to try to ensure that all girls regardless of background are able to participate, whilst empowering females to play in a male dominated sport. We are very proud to be able to help.
BT new online property search
British Telecom (BT) have launched BT Property Search (BTPS). BTPS is a new online search designed for developers to identify any potential interference with BT's UK non-cable network assets (such as buildings and significant infrastructure) from proposed works. The existing Openreach search procedure will remain in place for searches of the cable network. BTPS is also the access point for BT's new fast track process which aims to facilitate developments which do not adversely impact on BT assets. The fast track process is designed to: • Provide a single point of contact within BT for developers. • Co-ordinate relevant stakeholders. • Manage costs. • Keep participants informed throughout. BTPS is designed to avoid the disruption to the BT network which has been caused by developments in the past, and the cost, delay and inconvenience to developers which will result in that event. Please note that the above does not constitute [...]
European Council’s cloud computing guidelines
The European Commission has published a set of cloud service level agreement (SLA) standardisation guidelines, in line with the need for such guidelines contained in the Commission's cloud computing strategy. The guidelines relate to contracts between cloud service providers and commercial cloud users, and have been produced to address the issues arising from the wide differences between the SLA terminology used by different providers, which can make it difficult for customers to compare services. The document starts by discussing the principles that are relevant when developing SLA standards. It then provides a glossary of relevant terms, an overview of objectives for performance, security and data management, and a discussion of how personal data can be protected in the cloud. For more on the EC’s cloud computing strategy: https://ec.europa.eu/digital-single-market/en/european-cloud-computing-strategy For more on the SLA: https://ec.europa.eu/digital-single-market/en/news/cloud-service-level-agreement-standardisation-guidelines Please note that the above does not constitute legal advice.
Electronic direct marketing: new guidance
Businesses that use electronic direct marketing will welcome the publication of updated guidance by the Information Commissioner's Office (ICO). The ICO guidance aims to help organisations comply with their obligations when carrying out electronic marketing by way of, for example, telephone, fax, email, text, picture or video message, or by using an automated calling system. It provides more information for organisations about third party (indirect) consent and using bought-in marketing lists, and more detail on obtaining freely given consent by not unduly incentivising people to give their consent or making consent to marketing a condition of subscribing to a service. The ICO has recently issued a record £350,000 monetary penalty notice on a lead generation firm that was responsible for making or instigating over 46 million automated calls without individuals' prior consent and in contravention of the Privacy Regulations. As part of its crackdown on nuisance calls, the ICO has [...]
HMRC Large Businesses Tax Strategies
HMRC published guidance on 24 June 2016 on the proposed requirement for large businesses to publish an annual tax strategy. The guidance summarises briefly the criteria that must be met for the requirement to apply, the required content of a tax strategy, how and when a strategy must be published and the penalties for non-compliance, all of which reflect the Finance Bill 2016 legislation and the draft guidance published on 31 March 2016. However, the guidance, which is published in a different part of the gov.uk website to the draft guidance, is significantly shorter and omits detailed information on the scope of the rules, specific guidance for multinational groups and the detailed commentary on penalties and the defence of reasonable excuse that were included in the draft guidance. It is unclear whether the guidance replaces the draft guidance (or is an additional document intended for different users) and, therefore, whether [...]
Unlawful discrimination in advertisement
Employers contemplating hiring new staff should take note of guidance published by the Equality and Human Rights Commission which indicates that many people may risk being denied access to jobs due to unlawful, discriminatory advertisements. In the last year the Commission received over 100 complaints that advertisements were discriminatory. The grounds of discrimination included age (a recruitment agency stated that over 45s need not apply), disability (a hotel said that it would not offer accommodation to disabled people), sex, ethnicity and sexual orientation. The checklist from the commission is attached below and provides businesses with the key legal issues a business should consider when advertising for hiring an employee. Checklist: https://www.equalityhumanrights.com/en/publication-download/advertising-good-practice-checklist-advertisers-and-publishers Please note that the above does not constitute legal advice.
Development rights
Developers will be interested in recent changes to development rights which makes their ability to change a building used as an office to a residential estate permanent. Conditions to the extended right include allowing the local planning authority (LPA) to consider noise impacts on the intended occupants of the development from premises in commercial use and requiring a developer in the process of changing a building to residential use to submit to the LPA a statement specifying the net increase in the number of dwelling houses proposed by the development. The new rules will only apply to applications made after 5 April 2016. In addition to this a temporary right to change a building in light industrial use to residential use was introduced. This right is for three years, applying where an application for determination as to whether prior approval is required is made on, or after, 1 October 2017 [...]
GDPR following Brexit
The Information Commissioner's Office (ICO) has published a statement confirming that following the UK's decision to leave the EU, the General Data Protection Regulation (GDPR) will not directly apply to the UK but if the UK wants to trade with the Single Market on equal terms, it would have to prove "adequacy" by May 2018. The ICO will be speaking with the government to confirm that reform of UK data protection law remains necessary. It is too early to say what form the UK's adequacy might take, but the ICO has been clear throughout the referendum process that businesses should continue to make arrangements to comply with the GDPR, even in the event of a Brexit. Businesses will have to await further communications from the ICO as to the extent this will still be necessary. Please note that the above does not constitute legal advice.
Unfair contract guidance
The CMA has published a series of new short form "at a glance" guides to help businesses understand what terms are likely to be considered "fair" and "unfair" when used in a consumer contract. These guides add to the various items of guidance that the CMA published in October 2015 when the main provisions of the Consumer Rights Act 2015 came into force. The guides, which are aimed at small businesses, provide an overview of some of the main mistakes for a business to avoid when writing its terms. Titles in the series include, "Common myths about contract terms" and "Top tips when writing your contract terms". The series also includes brief guides on some terms that are commonly used by businesses but which are particularly likely to be unfair: for example, deposits and advance payments, cancellation charges, rights to change the terms of a contract, and automatic rollover of [...]
Employment law changes
Several changes to employment law came into force in April 2016, the most important of which was the new National Living Wage, introduced on 1st April 2016. This increases the minimum hourly rate of pay to £7.20 for workers aged 25 and over which employers are obliged to pay irrespective of their size. On 6th April 2016 there was also an increase in the employment tribunal compensation limits with the maximum compensatory award for unfair dismissal rising from £78,335 to £78,962. The maximum amount of a week’s pay, used to calculate statutory redundancy payments and various awards including the basic and additional awards for unfair dismissal, was also increased from £475 to £479. Finally, new financial penalties that were introduced on 6 April 2016 will apply to employers who fail to pay employment tribunal awards or settlement sums. Please note that the above does not constitute legal advice.
Data Protection self assessment tool
A new data protection self assessment toolkit (Toolkit) has been launched by the Information Commissioner's Office (ICO) to assist small and medium sized enterprises (SMEs) to evaluate and improve their compliance with the Data Protection Act 1998 (DPA). The Toolkit includes checklists on data protection assurance, records management, information security, data sharing and subject access, and direct marketing. It also provides background information and guidance to assist with checklist responses. Once the assessment has been completed, a compliance rating is automatically produced together with detailed suggestions and links to relevant ICO guidance for areas where compliance could be improved. The Toolkit can be found on the ICO’s website: https://ico.org.uk/for-organisations/improve-your-practices/data-protection-self-assessment-toolkit/ Please note that the above does not constitute legal advice.
Make-A-Wish Valentine’s Ball – Thank You!
The Make-A-Wish Valentine’s Ball 2016 raised a net profit of £216,000. This money goes directly to Make-A-Wish to help fulfil the wishes of children suffering from life threatening illnesses. We would like to say a huge thanks to all our clients, friends and family who, by attending on the night, donating gifts, buying raffle tickets and auction prizes, played a crucial part in making the night a success. The plans for next year’s ball are underway – how could you miss it?! Contact Jean at jean@bevankidwell.com now to reserve your tickets!
Make-A-Wish Valentine’s Ball Silent Auction
Our 10th Anniversary Make-A-Wish Valentine’s Ball Silent Auction is now live! There are many different prizes to choose from and all for a fantastic cause. Whether or not you are going to the Ball, you can register, pledge, view and bid for silent auction prizes using the following link from your PC or other device from now! Click here: http://makeawishvalentinesball.auction-bid.org/micro2.php. The auction closes late in the evening on the night of the Ball – Saturday, 13th February 2016.
Make-A-Wish Valentine’s Ball 2016 Car Raffle
Over the last 10 years, the Make-A-Wish Valentine’s Ball has raised over £1.5m. All this money goes to grant wishes for children suffering from life threatening illnesses. As part of our fund raising efforts for this year’s Make-A-Wish Valentine’s Ball, we are raffling a special edition brand new Fiat 500 Pop. The Ball is on Saturday 13th February 2016 at The Dorchester, London and it is not too late to buy a ticket. We are only selling 300 tickets; there are also 2 great runner-up prizes. You already now know that the prizes are great, the odds are great, the cause is great and that you want to buy a ticket or two! Cost is a mere £100 a ticket. Contact jean@bevankidwell.com to take your first step towards your new car!
Data Protection Fines
The Information Commissioner's Office (ICO) has issued two monetary penalty notices (a total of £150,000) on two separate companies in one week, for making direct sales and marketing telephone calls in contravention of the Privacy Regulations 2003. The Department of Culture Media and Sport launched a consultation on requiring direct marketing callers to provide Calling Line Identification (CLI) (i.e. a telephone number that represents the person making a call). A proposal change to the Privacy Regulations would require callers not to withhold CLI when making or instigating live or automated direct marketing calls. Please note that the above does not constitute legal advice.
Retrostructure VIII
June To celebrate the end of the month, Bevan Kidwell has collaborated with DegreeArt to send you all something non-legal and artistic. This month's feature is 'Retrostructure VIII' by Luke M Walker. If you have an enquiry about this piece or any other artwork, don’t hesitate to contact Isobel@DegreeArt.com or call 020 8980 0395.
Silver Lining
May To celebrate the end of the month, Bevan Kidwell has collaborated with DegreeArt to send you all something non-legal and artistic. This month's feature is 'Silver Lining' by Alison Johnson. If you have an enquiry about this piece or any other artwork, don’t hesitate to contact Isobel@DegreeArt or call 020 8980 0395.
Paper High Street
April To celebrate the end of the month, Bevan Kidwell has collaborated with DegreeArt to send you all something non-legal and artistic. This month's feature is 'Paper High Street 1' by Alex Cave. Alex's description of the piece: "The focus on this painting was to try and imagine how the central coloured light sources would affect the surrounding folded paper like shapes. I suppose the red and white central lights could loosely be based on car lights or traffic signals, but I deliberately kept the shapes totally abstract in order to focus on the colour and lighting. There are also some grey/brown areas which are meant to represent printed cardboard as this is another idea that I have been using together alongside the folded white paper themes, to add specific areas of contrast and pattern". If you have an enquiry about this piece or any other artwork, don’t hesitate to [...]
Butterfly Effect
December To celebrate the end of the month, Bevan Kidwell has collaborated with DegreeArt to send you all something non-legal and artistic. This month's feature is 'Butterfly Effect' by Elizabeth Picton. If you have an enquiry about this piece or any other artwork, don’t hesitate to contact Isobel@DegreeArt or call 020 8980 0395.
Cosmic Flower II
November To celebrate the end of the month, Bevan Kidwell has collaborated with DegreeArt to send you all something non-legal and artistic. This month's feature is 'Cosmic Flower II' by Elizabeth Picton. If you have an enquiry about this piece or any other artwork, don’t hesitate to contact Isobel@DegreeArt or call 020 8980 0395.