The UK General Data Protection Regulation: What is Personal Data?
If you process information that is within the scope of personal data as defined under the UK General Data Protection Regulation (GDPR), then your use of personal data will be subject to data protection legislation. Recognising information that is within the scope of the statutory definition of personal data is an important first step for […]
Reform of Co-operative & Community Benefit Societies Act
As the Co-operative and Community Benefit Societies Act 2014 ( the Act) regulates all but a small number of Scottish RSLs the Law Commission Consultation on its reform is important. Key issues that have been raised on behalf of the sector are: Definitions of (a) Co-operative and (b) Community Benefit Society A community benefit society (CBS) is […]
Legitimate Interests Assessments
In another blog, we discussed Data Protection Impact Assessments (DPIAs) and whilst much like DPIAs, Legitimate Interests Assessments (LIAs) are used by organisations to undertake risk assessments when processing personal data, they are distinguishable from one another to the extent that they are required in differing circumstances. When does my organisation need a Legitimate Interests Assessment? Under […]
What are emergency repairs and what can a flat owner or factor do by way of repair works?
When common property in a tenement, i.e. any building divided horizontally to form separate units, falls into disrepair any owner or any factor must look to the title deeds to determine how to proceed to make a repair. Failure to follow any procedure outlined in the titles may result: 1. In a requirement to stop […]
Land and Building Transactions Tax for Commercial Leases
Land and Building Transactions Tax (LBTT) is a tax applied to residential and commercial land and building transactions (including commercial leases) where a chargeable interest is acquired. Where a notifiable lease has been granted on or after 1 April 2015 then an LBTT return must be submitted by the tenant within 30 days of the […]
Apportionment of Common Costs under the Tenement Management Scheme
What are common costs? Owners of ‘flats’ within a tenement are not only responsible for repairing and maintaining their own individual property but also have a joint responsibility to contribute towards the common costs incurred to upkeep the common parts of the tenement. This may include the common stairs, close and anything else listed in […]
The Repairing Standard in Mixed Tenure Blocks
The repairing standard which covers the legal and contractual obligations of private landlords to ensure their properties meet the minimum standard of repair was updated on 1st March 2024. The new provisions extended the obligations to include the common parts of multi-occupancy buildings. The duties on private landlords increased, meaning that a tenant of a private […]
Scope of Damages for Inadvertent Email Address Breaches
A recent case in the English High Court of Justice – Rolfe v Veale Wasbrough Vizards LLP – considered when a data controller may be liable for a superficial data breach, such as where non-sensitive correspondence is sent to the wrong person. In this case, the Defendant acted for a school. An employee of the Defendant had […]
New Data Protection Bill Published
The UK General Election in summer 2024 saw the end of the previous Government’s proposed changes to data protection law. With few (if any) parties including data protection reform on their election manifestos it wasn’t clear if changes to UK data protection law would be pursued. This all changed on 17 July 2024 where the […]
Procurement Act 2023 – what RSLs need to know
The Procurement Act 2023 (the Act) brings significant changes to the UK procurement regime and was originally intended to come into force in October 2024. However, in a statement made on 12 September, the UK Government confirmed a delay until February 2025. The Act is intended to simplify the procurement regime and increase transparency in the award of public […]
