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Insolvency professionals

Data Protection

A company’s IT security and privacy compliance may not always be sufficient. In fact a recent study conducted by consultancy firm, Capgemini showed that only 28% of organisations believed that they were fully compliant with GDPR. The lack of certainty surrounding compliance can lead to significant problems in administration or on sale. Buyers of IT heavy or consumer facing businesses will expect comprehensive warranties concerning IT and data security and GDPR compliance.

Practitioners may not be aware that in certain circumstances, they may be held individually liable for breaches of data protection laws where they carry on the business of a company in administration.

We can assist practitioners:

  • Understand their duties and obligations as data controllers of personal data processed by a company in administration;
  • Audit a company’s data protection compliance and provide practical recommendations;
  • Prepare for the sale of assets by producing or adapting existing data protection notices, policies, procedures and other documentation;
  • Produce appropriate data protection warranties or indemnities within sale documentation;
  • By advising on immediate steps when dealing with subject access requests or communications with the Information Commissioners Office.

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Read, listen and watch our latest insights

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  • 10 November 2021
  • Commercial Real Estate

New Code of Practice for Commercial property relationships post pandemic

The Government has published its new, Code of Practice for Commercial Property Relationships following the COVID-19 pandemic, which replaces the previous Code of Practice published in June 2020.

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  • 09 August 2021
  • Restructuring and insolvency

Company Voluntary Arrangements: An Overview

A Company Voluntary Arrangements is one of a number of insolvency procedures designed to address a company’s financial difficulties by entering into a binding contract with its unsecured creditors, i.e. those who do not have the benefit of any security interest in the assets of the company. These are likely to include: customers, suppliers, contractors, landlords etc.

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  • 28 July 2021
  • IP and Commercial

Personal liability of directors in the context of insolvency or company distress

Directors need to be mindful of incurring personal liability where companies are distressed. This article provides an overview of some of the key areas where directors could incur personal liability when navigating their business through difficult times and stresses the importance of taking and following professional advice when faced with financial difficulties.

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  • 15 July 2021
  • Restructuring and insolvency

Retention of Title Clauses and Insolvency – Practical tips

Watch Stuart Mullins, Corporate Partner at Clarkslegal and James Hopkirk, Director of Restructuring at Kreston Reeves as they provide a review of the law in respect of Retention of Title clauses and some practical tips on how to deal with those, from an insolvency practitioner’s perspective.

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  • 07 July 2021
  • Commercial Real Estate

How Covid-19 has impacted commercial lease rent reviews

When the first lockdown hit the UK in March 2020, there was a lot of speculation as to how it would impact the commercial property sector. A key concern for landlords was how rent review provisions would apply.

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  • 08 June 2021
  • Restructuring and insolvency

Using Pre-Pack administration process

Whilst the remaining restrictions are due to end in July, many businesses remain, and are likely to continue to do so, in a difficult trading environment saddled with COVID-19 related debt that will need servicing. It is because of this that many predict that these otherwise strong businesses will seek to explore the ‘Pre-Pack’ Administration process.

“I really enjoy working with Clarkslegal. My questions are answered quickly and they have the best interests of my business at heart.”

Chambers and Partners