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Julia Seary
 

Covid and Cancelling Consumer Contracts

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On 28 August 2020, the Competition and Markets Authority (CMA) published an updated version of its "Statement on coronavirus (COVID-19), consumer contracts, cancellation and refunds" which was first published on 30 April 2020. The statement now...

Schrems II explained

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There has been much talk recently within the media and industry of the impact on data protection rules since the announcement of the ‘Schrems II’ judgment, but what is this case and how might it affect us? The Position to Date Data transfers...

Data Protection: The End of the EU-US Privacy Shield

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The Information Commissioner's Office (ICO) is currently reviewing its Privacy Shield and Standard Contractual Clauses guidance following the judgment issued by the ECJ in the case of Data Protection Commissioner v Facebook Ireland and Maximillian...

Maintaining test-and-trace records of staff, customers and visitors

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New guidance has been released by the Government on maintaining test-and-trace records of staff, customers and visitors during the COVID-19 pandemic. This guidance applies to establishments in the hospitality, tourism and leisure sectors, and close-contact...

The Corporate Insolvency and Governance Act 2020

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The Corporate Insolvency and Governance Act 2020 came into force on 25 th June 2020 , with the aim of “Relieving the burden on businesses during the Coronavirus outbreak.” The Act: Provides companies with...

Covid-19 - response update

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As you will be aware, this month the Government eased the lockdown measures in England. As from 15 June 2020, non-essential retail premises were permitted to open, as were drive-in cinemas, retail art galleries, betting shops, auction houses,...

Guidance for trustees facing challenging times

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The Charity Commission has published guidance for trustees, especially those acting for smaller charities, who may need help facing difficult situations or decisions. We have summarised the Charity Commission’s key considerations and some...

Covid-19 and commercial contracts: Material Adverse Change

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In some types of contracts/agreements it is common to see a Material Adverse Change or MAC clause to deal with one party’s significant and damaging changes in commercial circumstances. This is particularly the case in financing documentation...

Coronavirus increases the risk of fraud and cybercrime

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The Charity Commission has today warned charities that fraudsters are exploiting the spread of coronavirus in order to carry out fraud and cybercrime, with Police reporting an increase in coronavirus related scams. There are a number of ways in which...

Covid-19 and commercial contracts: Traders selling to consumers

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The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance. There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before...

Covid-19 and commercial contracts: Supplying goods

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The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance. There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before...

Covid-19 and commercial contracts: Frustration

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The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance. There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before...

Covid-19 and commercial contracts: Force majeure

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The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance. There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before...

Which charities can assist with the COVID-19 crisis

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If you are contemplating assisting with the current crisis, you should first consider the terms of your charity’s existing charitable objects which are set out in your governing document. Objects that might already allow you to offer support...

Can a charity's reserves and restricted funds be utilised to help through the Coronavirus crisis?

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Understandably, many charities are currently very concerned about their financial position. As a priority, trustees should consider what are their short, medium and longer term priorities, and see if they need to amend their financial planning...

Can I invoke force majeure?

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If you are considering whether a force majeure clause can assist in dealing with current circumstances, we have set out below a summary of the main points to consider. The key take-away is not to assume that a standard force majeure sweeper/general...

Charity regulation during the coronavirus outbreak

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The Charities Commission assured charities last week that their approach to regulation during this uncertain period will be as flexible and pragmatic as possible in the public interest, and they will be helping trustees to be aware of and think about the...

Does my website need a cookies consent pop up?

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In the new age of GDPR and rigorous electronic data protection laws, the availability and use of cookies can no longer be taken for granted.. In terms of data, a cookie is a text file with the ability to track your activity across the internet and...

Should you change your charity's structure?

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Your charity’s legal structure and constitution set out what type your charity is and how it should be managed. There are four common types of charity structure: charitable incorporated organisation (CIO)...

Charity regulators promise closer collaboration

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The Charity Commission and the Information Commissioner have today published a new Memorandum of Understanding (MoU) which aims to enable closer working relations between the two regulators, including the exchange of appropriate information, in order to...

SORP is on the regulator's radar

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The public continue to be concerned about financial transparency within the charity sector ; charities’ accounts enable trustees to communicate effectively with interested stakeholders and provide assurance in terms of financial stability and...

Six principles to help protect your charity when working closely with non-charity organisations

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The Charity Commission has issued guidance to assist trustees managing their charity’s connections with non-charities (such as trading subsidiaries). Essentially charities are being reminded by the regulator to act with probity and ensure that...

The growing threat of cyber crime: five protective steps

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A recent government survey has revealed that over two thirds of high-income charities had recorded a cyber breach or attack in 2018. Of those charities affected, the vast majority (over 80%) had experienced an attack in the form of fraudulent email...

Ten top tips for charities operating with a non-charity subsidiary

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Ensure that the purpose of the non-charity subsidiary is to help the charity to make a positive difference for its beneficiaries. The linkage must be for one of the following purposes: trading...

Trustee disqualification

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The Charity Commission has used its legal powers to suspend and remove two individuals, who were trustees of The Suyuti Institute charity, for misconduct and mismanagement. This means they are disqualified from being trustees or from holding...

The Charity Commission focuses on charities not reaching their potential

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The Chair of the CC, Baroness Stowell, yesterday spoke of the need for charities to continue to strive to live up to public expectations so that the sector can be a much-needed source of hope, identity and pride. The Charity Commission is focused on...

GDPR: what you need to know

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The General Data Protection Regulation (GDPR) is new legislation which will impact nearly all organisations across Europe from 25 May. The regulation has been introduced in order to strengthen current personal data privacy laws and put all European...

Are you GDPR ready?

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The General Data Protection Regulations (GDPR) come in to force in May 2018 and, despite the fact that they have been widely publicised since 2016, a recent survey identified that only 7% of business felt they were ‘very prepared’ for the...

Farmers benefit from diamond decision

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The Commercial Agents (Council Directive) Regulations 1993 was implemented to clarify and protect the rights of commercial agents who engage with principals to sell products on their behalf. Generally, commercial agents have the right to a compensation...

Make digital work for your charity

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We find that trustees are becoming more interested in how digital can create opportunities and add value to their charity - whether in terms of income generation, service enhancement or brand awareness. In the ever-evolving digital world where...

Trustees should be aware of the risks of ransomware attacks

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The Charity Commission has reminded Charities of the need to follow the protection advice issued by the City of London Police and National Cyber Security Centre. The key protection messages for all charities are as follows: •Install system updates on...

Charities are reminded of the pitfalls in selling charity land

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The Charity Commission has publicly reported its concerns in relation to the sale of charity property and concluded that the trustees of the Spiritualist Association of Great Britain were responsible for serious mismanagement in the way they disposed of...

Charities fined for Data Protection Act failings

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The Information Commissioner’s Office confirmed last week that it has fined eleven charities which have been found to have acted in breach of the Data Protection Act by misusing donors’ personal data. The charities were investigated by the ICO...

The Commission uses its powers under the Charities Act 2011 to permanently disqualify an individual from holding a trustee position

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Today the Commission’s Investigations and Enforcement department published its decision to permanently remove a trustee from being involved with any charity following a breach of the trustee’s duties to protect charity assets by using the charity...

Misconduct and mismanagement in the administration of an Ipswich Charity

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The Commission has issued a press release this morning highlighting trustee misconduct and mismanagement in the administration of an Ipswich Charity – ‘The Kurdish Islamic Cultural Centre’. It was found that the trustees made unauthorised...

“Too many trustees are not familiar with their charity's governing document”

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Paula Sussex, Chief Executive of Charity Commission has expressed concern that too many trustees are not familiar with their charity’s governing document, are failing to ensure proper control and procedures are in place and work, and don’t ask...

The impact of Brexit

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Background The trilogy of the European Commission, the European Parliament and the Council of the European Union agree the majority of EU legislation, and the power of the EU means that EU law and ECJ decisions have a direct...