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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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  • 27 May 2021
  • Restructuring and insolvency

Insolvency: Looking ahead Pre-packs and Reforms Post Covid

Watch Stuart Mullins, Corporate Partner at Clarkslegal and James Hopkirk, Director of Restructuring at Kreston Reeves as they provide an overview of the key changes to the insolvency landscape over the last 12 months and what they believe will be the trends in insolvency into the next year and beyond.

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  • 11 May 2021
  • Commercial Real Estate

Can a commercial tenant get away with not paying rent due to the pandemic?

It has now been 14 months since we first went into lockdown and the government released measures under the Coronavirus Act to protect both residential and commercial tenants from being evicted if they had not paid their rent up to date.

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  • 26 November 2020
  • Litigation and dispute resolution

Bank transfer fraud: what is the bank’s responsibility?

‘Push Payment Fraud’ – where a fraudster deceives someone into paying money to an account controlled by that fraudster – is increasingly common.

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  • 26 November 2020
  • Employment

Restrictive covenants – employers watch out

Employers can be liable for inducing a breach of a restrictive covenant, but relying on legal advice can provide a defence as held the Court of Appeal in Allen v Dodd & Co Ltd.

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  • 06 November 2020
  • Corporate and M&A

The practicalities of selling your business

In our latest webinar, corporate partner Stuart Mullins discusses the practicalities of selling your business. The following article provides vital insight for both buyers and sellers seeking to navigate the often complex journey from heads of terms to completion. Below we highlight the key considerations and processes.

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  • 09 July 2020
  • Corporate and M&A

Had Enough? Winding your Business Down through the use of an MVL

The coronavirus pandemic has forced businesses to consider the way they operate and, in some instances, consider whether they have the ability to operate at all. Similarly, there will be many business owners who feel the risk of further pandemics in the future or business fatigue

“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