Law blog

  • Contracts and agreements

    A contract is a legally binding agreement in which an organisation or individual offers the terms and conditions of the contract to one or more parties followed by a process of negotiation, acceptance, and agreement to the offered terms. 

    Before a contract can be deemed enforceable by law, the process of consideration must take place, which means all parties must mutually consent to the terms and conditions of the contract. I.e. Party A promises to provide a service in return for Party B’s payment.

    A vital element to consider when drawing up a legal contract is the intention of all parties. For example, in some cases there is no initial intention to make an agreement legally binding, therefore it cannot be classified as a contract by law. It is sometimes assumed that an agreement is legally binding, especially when dealing with commercial contracts.

  • CCTV GDPR

    The legal requirements pertaining to surveillance and personal cameras are contained within the code of practice issued by the ICO.

    Surveillance is now a proactive technology which can identify people and keep detailed records of activities.

    As a consequence of the greater use of personal surveillance, the Protection of Freedoms Act (POFA) was passed in England and Wales. The POFA has seen the introduction of a new surveillance camera code and appointment of a Surveillance Camera Commissioner, while the ICO's code of practice adds even more enforcement powers.

  • How to claim for breach of contract

    Most organisations will draw up legal contracts with a variety of parties including employees and third-parties before providing or receiving a service from the other contracted parties.

    It is important to understand that a contract is not legally binding unless it includes the following:

    • An official agreement which consists of making an offer and receiving acceptance of the specific terms within the contract.
    • The intention to commence legal relations in the form of a lawful agreement.
    • Consideration of any promise given in return for receiving a benefit promised by the other party. I.e. Money exchanged for goods or services.
    • Intellectual property

      Intellectual property (IP) is an organisations ownership of a unique concept, which could come in the form of a new invention or product, branding or even a trademark name.

      Small companies, in particular run the risk of competitors stealing their IP, resulting in loss of market share. Therefore, it is vital that organisations implement efficient measures to avoid duplication of their intellectual property.

      The protection of intellectual property Is different for every business; however, all organisations should automatically obtain intellectual property rights to a certain extent. Although, an organisation may have to register their IP, depending on the type of intellectual property they have.

    • Cyber Awareness Month

      October is Cyber Security Awareness Month, which means organisations should be considering their current cybersecurity measures in an effort to prevent data breaches and cyber threats. The need to improve cybersecurity has also been amplified since results from the Cyber Security Breach Survey 2018 established that 43% of businesses have suffered a data breach in the last 12 months.

      Small businesses especially should be evaluating their cybersecurity measures, as according to research from security firm Sitelock, smaller organisations are actually more at risk of a website hack, mainly due to their lack of cybersecurity and website maintenance.

      Laura Dodge, Marketing Manager at Pedalo, the web development agency discussed the indispensability of implementing cybersecurity and website maintenance, stating:

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      Social media security for businesses

      Experts believe that the greatest threat to an organisation is not its lack of cybersecurity, it is actually the employees who tend to cause the most damage.

      This comes after 77% of survey respondents indicated that regardless of training and adherence to company policies, it is actually employees that are the main source of cyber-attacks, as they may be unaware of the warning signs. Therefore, it is vital that companies improve cybersecurity training by implementing ways for staff to protect, as well as how to conduct themselves online, especially on social media.

      As social media is an integral part of engagement - and with that comes an inherent level of trust - meaning it is vital that everybody is aware of what is safe when positing content. This is particularly the case for employees who are responding to their customers, as they must be aware of online actors who utilise fake accounts in order to pose as customers and purposely target staff and the organisation.

    • £28 Million loss to UK Cybercrime victims in 6 months

      According to Action Fraud’s cyber statistics, there were 12,372 cyber-crime reports made between October 2017 and March 2018, which resulted in victims losing a total of £28 million.

      Action Fraud, the national fraud and cyber-crime reporting centre is led by the City of London Police. As one of the founding members of the Global Cyber Alliance, The City of London Police also run Cyber Protect, which along with Action Fraud was put in place, in order to investigate, detect, and protect individuals and organisations from cyber-crime and fraud.

      Action Fraud’s statistics show that out of the 12,372 cyber-crimes reports, 4,796 were reports of social media and email accounts being hacked, which resulted in victims losing a total of £11 million.

      It is most likely that the reported cyber-crimes were committed by criminals unbeknownst to the victims, as statistics show that around 50% of cyber-crime and fraud is conducted abroad.

      In relation to the Action Fraud statistics, The Temporary Commander, Pete O’Doherty of the City of London Police, stated the following:

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