Commercial and technology/IP

Whether you need a review of contracts or advice on data protection, trademarks or other intellectual property matters, our Commercial and Technology/IP team are on hand to assist.

Overview

In today’s ever-changing and increasingly competitive world, robust commercial agreements give owners of new businesses protection and certainty when dealing with customers and suppliers. FSP’s commercial team helps new businesses ensure they are properly protected through the use of clear and understandable contracts and provides other day to day business advice – for example on data protection, trademarks and other IP issues.

FAQs

Perhaps, not surprisingly the short answer is no – one size does not fit all. You should make sure any terms are specifically written for your business, ideally by a qualified lawyer. A good set of terms will reflect how your business operates in practice and so should give you proper protection if something goes wrong. Taking shortcuts can prove to be more costly for a business in the long run.

Ideally yes – because if you trade with an unregistered trade mark there is an increased risk that another business will start using the same trade mark and might even register it themselves, possibly preventing you from using it and benefitting from the goodwill you have built up in your brand. Registering your trademarks should actively discourage third parties from using them without your authorisation and should make it easier for you to take action if they do.

Every organisation that handles personal information needs to register as a data controller with the ICO, unless it is exempt. Registration is a statutory requirement – it is a quick process and can be completed in around 20 minutes for a cost of £35 per year for most organisations. Failure to register is a criminal offence so if you are unsure as to whether your business is exempt or not, click on the following link to take a quick self-assessment and find out now if it needs to be registered. https://ico.org.uk/for-organisations/register/. Data protection and security are important issues for all businesses in today’s technology-driven world and FSP can provide you with practical advice to help you avoid falling foul of the rules.

A business website should include the website operator’s contact details. If it is a company, the company name, place of registration, company number and registered office address should also be included. If you are a member of a trade association, it’s a good idea to include those details too.

If you offer goods or services online the website will need to display your terms and conditions of sale, as well as the terms on which visitors are allowed to browse your website.

If you collect personal data via your website and/or use website cookies, you should include a privacy policy and/or cookies policy on your website.

Including the appropriate legal information on your website should attract customers as it will make your business look more professional and reduce the risk of claims being made against your business.

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