Bob Wintour

Following on from our article on The New Standard Contractual Clauses, below we look at Data Transfer Impact Assessment considerations.

What is a Data Transfer Impact Assessment (DTIA) and when is it needed?

Simply put, the DTIA is an assessment process that needs to be carried out by those wanting to export data outside the European Economic Area (EEA) to what are known as third countries (see further below).

The need for a DTIA was confirmed with the recent release of the new EU Standard Contractual Clauses (the New EU SCCs) and must be carried out when exporting data from the EEA to countries that have not been recognised with an ‘adequacy decision’ by the European Commission (EC).

An ‘adequacy decision’ is essentially a recognition by the EC that the country in question has an adequate level of data protection laws to ensure that a data subject gains a similar level of protection to what s/he would receive under EU data protection laws. Where a country has not been so recognised, it is known as a ‘third country’ to which additional restrictions apply before data can be transferred there (see below).

The responsibility lies with the data exporter to assess the laws of the third country; they must also determine who the local data protection authority is in the third country, if any, and whether there are any form of laws, regulations and practices committed to data protection in place there. Not an easy task.

Waterfront Solicitors’ copyright lawyers are based in London and offer expert copyright law advice for businesses of all sizes.

Copyright and database rights underpin many of our clients’ business-critical assets. For example, copyright law is often the primary intellectual property right used to protect digital content in industries as diverse as computer softwares, gaming, advertising and marketing, media, entertainment and publishing — to name only a few.

Waterfront’s copyright solicitors and database solicitors are highly regarded experts in their field, recognised by the most prestigious legal directories. We use our significant expertise in these areas in order to leverage our client’s position to protect, exploit and enforce such rights.

Copyright and database rights are often wrongly considered to be some of the more simple and straightforward intellectual property rights. In fact, copyright and database rights are some of the most complex intellectual property rights. Given the importance of copyright to fast developing industries, emerging technologies, the internet, digital media and advertising, it is unsurprising that copyright law is one of the fastest moving areas of intellectual property law. This topic often features on our blog.

Our specialist copyright solicitors are experts in copyright and database rights and have a depth of expert advice in disputes and litigations, commercial transactions, general clearance and advisory work, intellectual property rights audits and chain of the title research.

Waterfront’s data protection experts have extensive experience of helping clients to comply with the myriad of legislation in this complex area.

We have the detailed knowledge to help our clients through the data protection minefield. We use this knowledge to make practical suggestions, helping our clients to manage their risks and ensuring that the requirements of the legislation don’t stymie their businesses.

- Drafting all manner of privacy policies.

- Advising numerous companies of their data processor and data controller obligations under the General Data Protection Regulations (GDPR).

- Assisting various companies with regulations over the data processor obligations/clauses in contracts with its customers and suppliers.

- Advising clients on their current processors to ensure they are GDPR compliant.

- Advising a company that provides ‘know your customer’ services on how to comply with the legislation.

- Providing advice to a mobile virtual network operator regarding the legality of location based services (prior to these becoming widely available).

- Assisting numerous providers of e-commerce websites and SaaS comply with their obligations under data protection and privacy law.

Whether you are buying or selling a business (generally referred to just as ‘acquisitions’) or undergoing a merger with another business, Waterfront’s corporate team can assist you with the transaction.

We advise both buyers and sellers on mergers and acquisitions (‘M&A’) of private companies ranging in size and complexity from small deals (worth less than £1m) to multi-million pound acquisitions.

- Pre-due diligence audit

- Deal structure

- Pre-contract documentation (including confidentiality agreements and heads of terms)

- Due diligence

- Acquisition documentation (including purchase agreements and disclosure letters)

- Post-completion matters (including integration)

- All related employment law issues (including TUPE)

- All related data protection matters

  A Merger and Acquisitions Lawyer is a specialized legal professional who assists clients with corporate mergers, acquisitions, and divestitures. They are responsible for conducting due diligence, drafting contracts and agreements, negotiating terms, advising on regulatory compliance issues, and representing clients in court. As businesses shift their focus to global markets, the role of an M&A lawyer has become increasingly important and in-demand. M&A lawyers must have extensive knowledge of the legal aspects of mergers and acquisitions as well as the ability to anticipate potential problems that could arise during the process. They must also be able to provide creative solutions to ensure the success of their client’s transaction without running afoul of any applicable laws or regulations.  

We are specialists in advising both employees and employers on settlement agreements.

We are pleased to have guided hundreds of individuals through the negotiation of their employer’s proposal of settlement.

We know that it can be a confusing process and one which most will have never experienced before. Accordingly, we always take the time to explain how it works before understanding the background and advising on how your legal rights compare to the terms proposed. If you have been offered a Settlement Agreement Lawyer then you can call one of the team with any questions or you might find this blog on 10 answers for employees who have been offered a settlement agreement useful.

For employers we provide expert advice on how and when to use Settlement Agreement Lawyer to achieve the required outcomes and protect the business. The agreement could be to bring the employment relationship to an end by mutual consent, resolve a dispute or simply as a condition of an enhanced severance or redundancy package. We advise employers on all aspects, from the underlying legal framework, to making an offer, to any negotiation and even enforcement if an agreement is breached. We do all this with the best commercial interests of the business in mind.

Unlike some employment specialists, we are pleased to represent both individuals and businesses. It means that we maintain an excellent working knowledge of the tactical, legal and commercial considerations which are important on both sides of the table. It is this rounded expertise which means we are formidable advisers to both employer and employee.

Waterfront Solicitors is a leading firm of specialist Intellectual Property Lawyer London.

We are an intellectual property focused law firm with clients ranging from large multinational companies through to SMEs, start-ups and individual inventors.

Our team of IP Solicitors have years of experience helping clients protect, manage, exploit, enforce and defend their intellectual property rights. Our experience covers the entire spectrum of intellectual property law and practice, specifically:

- Anti-counterfeiting — preventing your competitors from imitating your brands, products and designs;

- Copyright and database rights — advising across a range of areas, including disputes and litigation, commercial transactions, general clearance and advisory work, intellectual property rights audits and chain of title research;

- Design rights — helping you to protect your creative investment and negotiate the complex legal maze of multiple overlapping design laws affecting the UK;

- Know how, trade secrets and confidential information — through commercial agreements and litigation measures we can help you protect and exploit these valuable assets;

- Patent litigation — from multi-million-pound patent claims in the High Court to more modest, but vital patent claims in the Intellectual Property Enterprise Court, our team has the skills and experience to manage all forms of patent litigation;

It is crucial to take specialist advice at an early stage when contemplating redundancies or a re-organisation.

We have advised on the design and implementation of many successful restructuring programmes. It means ensuring that the commercial aims of the business are achieved whilst carefully observing the myriad legal rights afforded to employees, including unfair dismissal protection, discrimination law, maternity rights and collective consultation obligations.

Our team has years of experience in advising businesses on how best to proceed when the potential need to reduce headcount has been identified. From a single redundancy to large scale site closures affecting hundreds of employees, we have steered clients through the legal, practical and human issues which arise. Our assistance helps you proceed fairly and in way which minimises the risk of a dispute.

Waterfront Law is a leading provider of legal services in London specializing in redundancy law. Our team of experienced lawyers can provide the best advice and support to those who are facing redundancy or have been made redundant. We understand that this is a difficult time for you, and we are here to help. Our lawyers will provide you with tailored advice and support on your rights and entitlements under the law. We can also help you negotiate an agreement with your employer to ensure that you receive the compensation you deserve. If necessary, we can represent you in court proceedings if it becomes necessary. Contact us today for more information about our services and how we can help protect your rights as a Redundancy Lawyer London.

For employees we know that being made redundant — or simply being at risk of redundancy — can be a very difficult time. We are proud of the many satisfied clients we have guided through the process so that they can achieve their preferred outcome. For some it will be knowing how best to challenge and avoid their prospective redundancy and for others it will be about leaving on the best terms.

Waterfront’s corporate solicitors team have been in high demand, recently completing a number of substantial value and high profile deals. Highlights include advising on the sale of Realla, the UK’s largest free-to-list online search engine for commercial lawyers London, which was reported in The Financial Times. The team has completed a number of high-profile fundraising rounds for clients, including $50m of growth financing for long-standing client Workable and pioneering new client Exseed Health Limited, who were rated by Forbes as the number one Start Up to Watch in 2018.  

- Deal structure

- Due diligence

- Seed and angel capital

- Series A/B/C funding

- Share purchase agreements

- Shareholders’ agreements

- Convertible loan notes

- Advanced subscription agreements

- Constitutional documents

- Post completion matters

- Corporate governance

At Waterfront Solicitors, we appreciate the importance of IT law, which is why we strive to provide the best representation and protection available. We endeavour to bring unrivalled experience in assisting our clients in situations where they have an unequal bargaining power, enabling them to successfully manage their legal risks and maximise revenue.

Our Technology Solicitors are committed to providing a consistently exceptional legal advisory service to tech companies based in both London and all over the UK. As we have grown over the years, so has our client base; and we now serve a wide range of businesses, ranging from start-ups, to SMEs, to individual creators, to large multinational companies.

Our excellent team of IT solicitors specialise in helping clients protect their product, negotiate their contracts and defend their rights. Our expertise covers the entire spectrum of IT and technology law and practice. Specifically, our clients can benefit from the following:

Government body advice— we can advise a government body on the provision of its data via cloud services and also help with the drafting and negotiation of the necessary contracts with technology providers.

Software provider contracts— we assist software providers with contract negotiations across a range of sectors. Many of our clients operate in the FinTech space, so we have regular dealings with major banks and financial service providers.

London-based law firm specialising in intellectual property, technology, corporate, commercial, data protection and employment law

Waterfront is a niche law firm based in London with an expert team of solicitors specialising in intellectual property, technology, corporate, commercial, data protection and employment law.

Established in 2002 to provide an alternative option to the growing number of tech SMEs looking for legal advice, we have since steadily grown both in size and in breadth of expertise to a firm that provides advice on: disputes, corporate, employment, data protection law, Commercial Solicitors London. However, we still retain a strong intellectual property and technology sector focus.

We now act for the full spectrum of business clients including individual entrepreneurs, SMEs, and companies listed on the London Stock Exchange, AIM (the Alternative Investment Market) and NASDAQ, and government agencies.

Waterfront Law is a boutique IP law firm based in London, providing specialist intellectual property advice and services. Our team of experienced IP lawyers are dedicated to helping our clients protect their valuable intellectual property assets and steer them through the complexities of the law. We provide comprehensive support in all areas of IP law, including patent, copyright, trademarks, design rights and more. We also offer a range of tailored services such as strategic advice on protecting inventions, designs and trade secrets; negotiating licensing agreements; and taking action against infringement or plagiarism claims. Our team is fully committed to ensuring that our clients’ interests are always protected with the utmost care.