If you manage property assets have you considered that GDPR will apply to the information you hold relating to tenants?
Typically you will use and store tenants’ personal information and so will be legally required to comply with GDPR and you need to process and control this information in a transparent fashion, which includes explaining:
- What personal information you collect.
- Why you need their personal information.
- How you might use their personal information (including who the information might be shared with), and ensuring you only use it in that way (unless there are overriding legal precedents requiring the information).
- How long their personal information is retained for.
On a positive note GDPR is actually a good opportunity to take a look at how you’re organising tenancy documents in general and to improve your processes, making them more efficient and you may wish to issue an updated privacy notice. For more information on this topic click here for a recent article by DAC Beachcroft solicitors.
It is important to remember there is a risk of significant fines and penalties for any firms falling victim to a data breach and after a data breach, you will need to contact the Information Commissioner’s Office (ICO) within 72 hours, and, you will need a rapid plan of action for communicating to customers, suppliers and employees.
You are likely to incur costs for a combination of IT forensic investigation, legal assistance, communication logistics and, public relations and whilst risk management will help to prevent a cyber attack, even the best security does not always prevent an intrusion.
In the event that an incident does occur, cyber insurance provides a valuable safety net. Click here to learn more about Cyber Insurance.
In an online era, individuals are increasingly being asked to review and comment on services they have received, whether this is eating out at local restaurants or finding a hotel to stay in on the other side of the world. Reviews are in the public domain for all to see and are frequently relied on and used by others as a recommendation on what is good – or a warning of what should be avoided.
Similar reviews can be left for tradesmen and now more commonly for professional firms themselves via sites such as Google and Trustpilot. Historically, a professional firm may have received a letter or email regarding a complaint of poor service and the contents of this would have remained private. These days a disgruntled client may leave a negative comment or criticism online which can potentially be viewed by millions of people and which may prove very difficult to remove, leading to reputational damage to the business.
Please click here to see a recent article by one of our legal partners, DWF LLP that looks at the challenges of monitoring and dealing with online comments, and whether a derogatory post regarding a firm’s professional services can trigger a requirement to notify PI insurers or any other relevant insurance that the professional may hold.
Liquidated damages are a pre-agreed amount of money that is set out in advance in the contract that fixes the sum payable as damages if the contractor breaches the contract – typically by failing to complete the construction works by the completion date set out in the contract. Liquidated damages are not penalties but rather they are preset damages agreed at the time that a contract is entered into and based on a calculation of the actual loss likely to be incurred if the contractor fails to meet the completion date. Typically they are calculated on a daily or weekly basis.
Clauses to include liquidated damages are commonly used in construction contracts as a solution to deal with specified breaches to make the recovery of damages easier and quicker. Contracting parties are generally free to agree to whatever terms they like. However, the courts have refused to enforce liquidated damages which are deemed to be a penalty so it essential that sufficient care is taken before contracts are entered into to fully assess the potential costs of delays by the contractor while resisting the temptation to over-estimate them. Click here for an article by DAC Beachcroft about pitching damages at the right level.
The General Data Protection Regulation (GDPR) and Data Protection Act 2018 replace existing data protection laws in May 2018.
How we use data in modern business practices has changed significantly since the late 90s so data regulation needed to change with the times.
GDPR gives additional rights for people in relation to the information that companies hold about them, obligations for better data management for businesses, and a new regime of fines if businesses don’t comply.
It will impact every single business that handles personal data.
Whilst the accountability for adoption and compliance usually sits with the management team, every customer-facing role in your business needs to be aware of the implications as the fines for breach are significant.
For more information click here for an article by DAC Beachcroft
Arlington have a Reconciliation Clerk vacancy to work in our Regent Street office, two days per week.
As a Reconciliation Clerk you will be expected to allocate and reconcile client payments on Arlington’s system and ensure that they are banked correctly. You will liaise with insurance companies to ensure statements are paid within deadlines and you will manage accounts queries, liaising with Arlington and Insurer accounts staff accordingly.
If you are interested in coming to work with us, please email: email@example.com with a copy of your CV.
For a full Role Profile please see the link below.
Reconciliation Clerk Role Profile
No Agencies please.