Glasgow: 0141 221 5562 Edinburgh: 0131 220 7660

Public Contracts and the GDPR

Public Contracts and the GDPR

With less than a month to go before the implementation of the GDPR it is crucial that existing and future public contracts comply with the new legislation. What will change in respect of public contracts and the GDPR?

The Scottish Government has published a Policy Note on the impact the GDPR will have on public procurement and contracts. This blog will highlight the key features of the note alongside steps organisations should take to get their public contracts and procurement processes GDPR ready.

What is

To Report or not Report a GDPR Breach?

To Report or not Report a GDPR Breach?

Under the General Data Protection Regulation (2016/679), a Data Controller is under a strict obligation to report a GDPR breach to the Information Commissioner's Office (ICO) in the event that it meets certain requirements.

Time frame for reporting

You must report a personal data breach, under Article 33, without undue delay and not later than 72 hours after becoming aware of the breach. However, what does becoming aware mean? The Article 29 Working Party Guidance considers awareness being at the point where you have

The Role of the Data Protection Officer in RSLs

The Role of the Data Protection Officer in RSLs

A Data Protection Officer (DPO) is the individual who is responsible for an organisation's overall compliance with the GDPR (General Data Protection Regulation).

The GDPR makes it mandatory for a DPO to be appointed for any organisation which is a public body. The definition of public body is taken from Freedom of Information legislation and the new Data Protection Bill. This means that when Freedom of Information legislation is amended to include Registered Social Landlords, you will be required to appoint a DPO. It is

General Data Protection Regulation (GDPR) for HR

General Data Protection Regulation (GDPR) for HR

Many organisations are currently preparing themselves for the General Data Protection Regulation. For many their initial focus for the forthcoming changes (May 2018) may be on their 'day to day business', but it is also important that their 'day to day business' includes their HR procedures. Consideration needs to be given to ensure their current procedures comply with the new Data Protection Regulations.

As before, organisations still have a right to obtain and hold personal data providing they adhere to the six data protection

Are you ready for the GDPR?

Are you ready for the GDPR?

The General Data Protection Regulation (GDPR) will come into force on 25th May 2018 replacing the Data Protection Act 1998. Every public and private organisation in the UK, including RSLs, will have to comply with the regulations which relate to how organisations process and handle personal data.

What are some of the main changes?

  • Notice of purpose of processing data

There will be an emphasis on giving notice prior to collecting personal data explaining exactly what you are doing with the data you are

Can landlords force access to a property?

Can landlords force access to a property?

Landlords, both private and social, may require access to one of their tenanted properties for a variety of different reasons. So, can landlords force access to a property?

Landlords have a general duty to repair and maintain properties throughout the duration of a tenancy and are legally obliged to comply with gas and electricity safety regulations so access may be necessary on occasion.

A landlord may also wish to carry out a general inspection to ascertain the current condition of the property or may wish

Legionnaires Risk Assessments & Private Landlord Obligations

Legionnaires Risk Assessments & Private Landlord Obligations

The outbreak of Legionnaires Disease in the Renfrew area, following on from an Edinburgh outbreak in 2012, is a timely reminder to private landlords that they have obligations to carry out legionnaires risk assessments of water systems within their rental properties.

The Health & Safety Executive (HSE) have an Approved Code of Practice and Guidance as regards Legionnaires Disease. The Code can be found here.

The Code confirms that private landlords have a duty to carry out legionnaires risk assessments on water systems in

Unlawful letting agent charges in Scotland

Following their consultation on the issue of unlawful letting agent charges?in May 2012, the Scottish Government have announced that a change to the definition of a ?premium? will come into effect on 30 November 2012.

Currently, the definition of a ?premium? is contained within section 90 of the Rent (Scotland) Act 1984 which states that it includes ?any fine or other sum and any other pecuniary consideration in addition to rent?. Premiums are payments which are required by a landlord as a condition of the

Debt Recovery - Using the Small Claims Court in Scotland

Using the Small Claims Court in Scotland - this can be utilised by landlords looking to recover a debt owed by a tenant. Usually these debts relate to rent arrears or costs arising from repairs. If tenant fails to pay a debt owed to the landlord, and has also failed to respond to correspondence, then the landlord must decide;

- whether the debt is worth pursuing further

- which method to use in order to recover the debt in the most cost/time effective manner

A

Landlords - How to use the Small Claims Court in Scotland

How can landlords use the small claims court in Scotland to recover debt from a tenant? We work closely with Landlord Accreditation Scotland and one of their regular training sessions involves how to pursue a tenant for money through the courts using the small claims procedure.

It's supposed to be an easy way for people to recover money without a solicitor, but caution should be taken as there are some hidden dangers that landlords should be aware of:

The Court Rules
Small claims were designed