Intellectual property is something that is created using the mind such as an invention, a brand name, a symbol or a product including the design of the packaging.

In this article, we will outline what is meant by trade marks, copyright, patents and trade secrets. We will also discuss instances in which each type of intellectual property can be used and how to decide which will be best for your business.

This article covers the following:

• What is a trade mark?
  • Trade mark symbol
  • Registered ® symbol
  • Applying for a trade mark
  • Trade mark infringement examples
• What is copyright?
  • Copyright infringement examples
• What is a patent?
  • Patent examples
• What is a trade secret?
  • Trade secret examples
• How do I use the intellectual property tools?
  • What copyright protections do you have as a blogger, restaurant or chef?

Use the links above if you’d like to jump to a certain section of the article.

What is a Trade Mark?

A trade mark is a type of intellectual property which identifies a product or service as a particular source, and is distinguishable by customers from another product or service. The Trade Marks Act 1994 describes a trade mark as ‘any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings’.

Logos and names are the most common form of trade mark. This can include product or brand names. Other intellectual property that can be protected with a trade mark include: 

• Shapes including packaging. 
• Colours.
• Colour combinations.
• Sounds.
• Patterns.

A trade mark must be unique and cannot be confused with another existing trade mark. For this reason, common words describing the product or service cannot be trade marked – such as ‘cereal’ cannot be trade marked for a cereal food product. A trade mark cannot be offensive, misleading or look similar to a state symbol such as a flag.

The Trade Mark symbol can be added to a word which you deem to be your trade mark but is not officially registered. Some businesses use the symbol while a trade mark application is in process before the trade mark application is granted to show intent and discourage others from using it. This symbol does not offer the protections of the Trade Marks Act 1994 as it is not registered.

The Registered ® symbol in the UK can only be added to trade marks which have been officially registered. This symbol is sometimes referred to as the ‘all rights reserved’ symbol.

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Applying for a Trade Mark

Before applying to the United Kingdom Intellectual Property Office, you need to check to see if your trade mark, or a similar trade mark, has already been registered in the UK’s ‘trade marks database’. This database can also be used to avoid infringing someone else’s trade mark.

If a similar trade mark is registered, you can ask for a letter of consent from the existing trade mark owner which must accompany your application. Communicating with a company which has a similar trade mark can avoid costly lawsuits by coming to a mutual agreement – or finding out sooner rather than later that you need to come up with another design or name. It’s important to note that once you have applied, a trade mark cannot be changed so you need to be careful before you submit the application.

Registering a company name or owning a website domain name offers little legal protection from someone else using that name. Anyone with a UK address for service can apply to the United Kingdom Intellectual Property Office for a trade mark. Remember, each country may have their own trade mark laws and databases too, so if you are considering supplying globally, you may need to apply to each country separately. A trade mark must be renewed every 10 years in the UK and EU.

Before Brexit, businesses operating in the UK and EU applied to the EU Intellectual Property Office, as an EU trade mark would cover all of the EU member states. This may still be a cheaper option than applying to several countries separately, even though the UK is no longer covered under the EU trademark. All trade marks registered before 31st December 2020 were transferred to the UK database and a second application after this date is not needed. You should also consider the languages you would like your trade mark to cover if you are operating across several countries, including any translations of your product name, brand name, or slogan.

When you apply for a trade mark, you must apply for a specific classification of goods or services, as this is an internationally agreed system. One trade mark can cover multiple classifications. For example, a coffee bean brand may have a class 30 trade mark to cover coffee but they may also want to consider adding a retail class 43 to the trade mark to prevent a coffee shop from using the same brand or product names. Once a trade mark has been approved, additional classes cannot simply be added; a new trade mark application would be needed.

However, section 5 of the Trade Marks Act 1994 prevents the registration of a mark that is merely similar to an existing mark meaning there are grounds for protection of dissimilar goods across all product categories. These were some of the grounds the famous Hugo Boss vs Hugo Boss was using to prevent a brewery from using the word ‘Boss’ on their beer. A business should consider the potential bad press the company will receive before pursuing an infringement claim.

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Consumer Protection

‘Passing off’ trade mark laws are ultimately in place to protect the consumer from being misled. A Which? investigation showed that one in five shoppers have unknowingly bought a supermarket own-brand product thinking it was a well-known brand. This leads to consumers feeling annoyed and misled.

Trade Mark Infringement Examples

Some well known examples of existing trade marks and trade mark infringements are:

Colin the Caterpillar

Colin the Caterpillar is a popular chocolate cake in the shape of a caterpillar created by M&S. M&S claimed that Aldi infringed on their registered trade mark with their Cuthbert the Caterpillar chocolate cake. M&S took issue with the similarity to the original, claiming that customers would be confused by the manufacturer of the Cuthbert cake leading shoppers to believe it is of the same quality M&S produce. The case became more complex, however, as several UK supermarkets sell a version of a chocolate caterpillar cake which M&S did not include in the dispute.

4-Finger Kit Kat 

In 2017 Nestle failed to trade mark the four-fingered KitKat shape in the UK, which they claimed to be a unique shape. Unfortunately for Nestle, a similar Norwegian bar from the Freia brand called Kvikk Lunsj has been around since 1937. Nestle’s failed trade marking attempt came after Cadbury also failed to trademark the shade of purple it uses in its branding after Nestle complained.

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What is Copyright?

A copyright (©) is a type of intellectual property which gives the creator or owner the only right to make a copy of their unique work. Work covered by copyright laws includes:

• Literary work such as books and recipes.
• Non-literary work such as software and databases.
• Artistic work such as an artwork, graphic or packaging design.
• Educational material such as a training course content.
• Musical work such as sheet music and recordings.

Copyright protection is free and automatic under the Copyright, Designs and Patents Act 1988. It does not need to be applied for and there is no copyright register in the UK.

The copyright symbol © can be added to your work, however, your legal protections remain the same whether you apply the © symbol or not. Copyright protections prevent people from copying your work and distributing the copies, making an adaptation of your work, or putting your work on the internet.

Copyright lasts for 50 years from the end of the owner’s life. This is why some classical sheet music can be legally copied, though any newer recordings will still be covered under copyright law. 

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Copyright Infringement Examples

Copyright infringement examples include:

Stolen Blog Recipes – Recipeasly

A food website called ‘Recipeasily’ was taken down due to copyright infringement as it collated recipes from bloggers without the “ads and life stories”. By doing this, the website would have unfairly taken the revenue for the web page views away from the original creator. The copyright infringement also covers any images from the original blog which falls under the owners ‘unique work’.

Youtube

Youtubers should only upload videos they have created themselves or have authorisation to use. This includes music clips, videos from other creators and programmes. In the UK, there are grounds to use a video clip provided you are critiquing and reviewing the borrowed video clip providing the original reference is clear – but it is very much a case by case basis. Many YouTubers have seen their videos removed by YouTube for violating copyright laws.

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What is a Patent?

A patent provides the inventor of a process or item, exclusive rights for a designated period of time. Patents are the most difficult of intellectual property to obtain and also the most expensive to enforce if someone infringes upon it.

Before applying for a patent, you need to search the UK patent database to see if your invention already exists and has been patented by someone else. Once the requirements have been met, a patent could take anywhere from 18 months to several years to be registered. For this reason, you could consider looking into registering a trade mark instead and keeping your invention a trade secret through confidentiality agreements.

A patent protects inventions and encourages innovation and commercialisation of technological advances. Patents are only granted for non-obvious novel ideas and solutions to problems which have never been invented before or made public in any way. Therefore, if you’ve made your invention public before applying for the patent, this could affect your chances of getting your patent granted. A confidentiality agreement ensures that it is clear you wish to keep your invention secret if you need to talk with someone about it, such as a manufacturer.

In the UK, a patent can last up to 20 years – providing the renewal fees are paid. It is advised by the government that you might want to contact a professional who can help and advise with the complex process of the application. A UK patent will also only apply and protect your invention within the UK. For this reason, you need to consider the scope you’d like a patent to cover as you may need to apply for several, depending on the regions you would like to be covered by.

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Patent Examples

Cauli Rice – Riced Cauliflower

Cauli Rice, also known as Riced Cauliflower, is the first long-life microwavable rice alternative (made from cauliflower) that is protected by a patent. The patented technology allows the product to have a 12 month shelf life without the need to add preservatives or additives. 

Self-Raising Flour

In 1845, Henry Jones invented and patented self-raising flour in the UK and America. At the time this was a very new and revolutionary invention which transformed the future of bakery. 

Nespresso Coffee Pods

Nestle’s coffee pod brand had a patent for their coffee machine including the design of its pods. Unfortunately for Nespresso, their patent covering the coffee pod design ran out in 2011, allowing cheaper brands to produce compatible coffee pods. 

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What is a Trade Secret?

Trade secrets are a form of intellectual property which can include ingredient formulas and secret processes. Trade secrets retain value through not commonly known or easily decipherable information. The generally understood definition of a trade secret includes three factors:

• Information that is not commonly known to the public.
• The secret retains economic benefit because the information is not publicly known.
• The holder makes reasonable efforts to maintain its secrecy.

Trade secrets are not registered or known publicly in contrast to copyright, trade marks and patents. Therefore, businesses put internal measures in place to prevent the secret from becoming public knowledge, such as confidentiality agreements or non-disclosure agreements (NDAs). Trade secrets and control measures such as NDAs do not have an expiration date in the same way as a patent or copyright ownership does, and are often kept continuously secret for generations.

To reduce the risk of a trade secret being discovered and duplicated, the number of individuals with access to the information should be reduced. This includes elements such as a secret formula or recipe for a particular product that you want to remain hidden from competitors who would look to replicate it. Trade secrets can be licenced, but this is rare and usually avoided unless absolutely necessary.

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Trade Secret Examples

Examples of trade secrets include:

• The Coca Cola formulation.
• The KFC 11 herbs and spices mix
• The formulation for Pimms. 
• The Cadbury Dairy Milk formulation.

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How Do I Use the Intellectual Property Tools?

By implementing an efficient intellectual property strategy, you have the potential to give your business a competitive advantage over competitors. When choosing the type of intellectual property tool to use for your inventions and creations consider the following:

• What category of intellectual property your creation or idea falls under.
• The length of protection the IP tool will provide. A trade secret can be protected with NDAs and does not have an expiration date compared to having to publicly disclose a process in order to get a patent.
• The costs, including the ongoing costs of holding the IP tool and the expense of protecting your idea from infringement. 

Copyright protections are automatic in the UK and do not need to be registered. It’s important that you know your rights, as this may be the level of protection you are looking for. Not knowing your rights or different intellectual property options available to you leaves your IP open to infringement and potentially a decrease in revenue. It may be useful to keep a record of the process in which you used to come up with your business idea. In some instances, you could use multiple intellectual property tools and there is some crossover between them.

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What copyright protections do you have as a blogger, restaurant or chef?

Blogs

As discussed above, recipes should not be directly lifted, including any original images from a bloggers page. However, it is not copyright infringement to make food following the posted recipe and selling the food item – such as a bakery using a cinnamon bun recipe from a food blogger. 

Nothing stops someone from creating a dairy or gluten-free version of your recipe and claiming it as their own, even if this feels morally wrong. A copyright infringement claim can only be made if the image and recipe has been copied exactly without context or reference. An ingredient list is more difficult to protect compared to the written style of a recipe, as the method may count as a literary work.

If you have used an original image to post alongside your recipe which has been lifted by another website, this does count as replicating original work and you are protected by copyright law. One way to protect your images is by adding a watermark or signature to prove your ownership if any disputes were to arise.

Restaurants

Restaurant trade secrets could include a signature dish or a secret pizza dough recipe. Some restaurants trade mark the name of a dish providing the name is unique and distinctive. However, this only indicates the name is intended to be intellectual property, and not covered by law in regard to the contents and recipe of the dish. 

It is common to have similar dishes on the menus of restaurants. If you want to protect your recipes and dishes, you may want to go down the road of calling them trade secrets, and having an agreement with staff that you own the recipes which should not be replicated in another restaurant.

Chef

If you wish to own and replicate a recipe that you’ve created whilst working under the employment of a restaurant, it is best to declare your intent of ownership early, and come to a mutual agreement with your employer. If you are hired, then any recipes you come up with will most likely belong to them. There is no guarantee that they will agree to your request. You may be able to create a similar dish, but it is best not to try to replicate a dish from a previous employer exactly and with the same name and description.

Having a pending lawsuit will affect your employability which should be taken into consideration if you replicate and pass off as your own, something from your previous employment.

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We hope you found the above information useful. Should you wish to discuss your business needs further, or would like to know more about how our training can help you, please contact our friendly, helpful sales and support teams on 0333 006 7000 or email sales@highspeedtraining.co.uk.

Further Resources:

• Starting a Business from Home Course
• Cyber Security in Food & Drink Manufacturing: BRCGS Standards
• Food Packaging Materials: Regulations & Different Types

The post What’s the Difference Between Trade Marks, Copyright, Patents and Trade Secrets? appeared first on The Hub | High Speed Training.

Delays and hindrances are not uncommon in the construction industry, some of which may be beyond your reasonable control. It’s therefore essential to set out precise terms for force majeure events, as they can give you some relief if work has to be delayed or even terminated. Without them, you may find yourself in breach of contract and without a leg to stand on.

This guide will help you understand how to integrate force majeure clauses in your contracts, as well as their capabilities and limitations. Force majeure is not a get-out-of-jail-free card but, when well-considered, it can prevent lengthy contract disputes that would otherwise cost everyone time and money.

The guide covers the following:

• What is force majeure in construction?
• What circumstances are considered force majeure?
• What circumstances are not considered force majeure?
• How to use force majeure clauses in construction contracts
• What should force majeure clauses cover?

Use the links above if you’d like to jump to a certain section of the guide.

What is Force Majeure in Construction?

Force majeure refers to unpredictable events beyond anyone’s reasonable control, which hinder one or more of the parties involved from fulfilling the agreed terms in the contract. They usually lead to delays and postponement, and in some cases even termination of the contract.

As SCL (the Society for Computers and Law) states:

For example, if unprecedented weather conditions completely gridlocked an area, preventing you from accessing a construction site or from receiving the necessary supplies, this would fall under a force majeure event.

Having a force majeure clause in your contract ensures you can legally delay or even terminate the work in exceptional circumstances, without causing a breach of contract.

However, if you want to achieve the full benefits, it’s crucial to set out force majeure clauses clearly and explicitly. There is no firm definition of force majeure in English law, so whether or not they hold up in a dispute is down to the precise wording in the contract.

It is also dependent on whether you take all due care to mitigate the effects, as the definition above states. You must ensure that contingency plans are in place and must prove that taking all the reasonable steps was not enough to avoid the consequences of a force majeure event.

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What Circumstances Are Considered Force Majeure?

Although English law doesn’t explicitly define the conditions that qualify as force majeure, there are some widely used ones that you can set out in your contracts.

The following circumstances commonly fall under force majeure events:

• “Acts of God”. This is the most important one to reference. It refers to natural incidents that are completely beyond human involvement and could not have been prevented with any foresight, planning, or care. For example, unexpectedly harsh or dangerous weather conditions and natural catastrophes like floods, hurricanes, earthquakes, and fires. It may also include epidemics and pandemics.
• Government actions, such as unforeseen or uncontrollable changes to law and legislation. 
• Social, economic, political, or other individual or group actions, such as riots, rebellions, wars, invasions, industrial disputes, terrorism, and strikes.

These are also generally accompanied in contracts by a catch-all phrase, as there will inevitably be other unforeseen circumstances that don’t necessarily fall into these categories and are unrealistic to list in full.

For example: an explosion at a nearby chemical storage warehouse that was more severe than you could have realistically planned for, making your construction site inaccessible.

We’ll look at what to include in clauses later, including a catch-all statement.

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What Circumstances Aren’t Considered Force Majeure?

Generally speaking, any disruptive circumstances that could have been realistically prevented with sufficient foresight and planning will not count as a force majeure event. 

Some incidents may even appear to fall under the commonly accepted force majeure incidents, but actually are foreseeable and/or controllable. For example: a forecasted storm that you knew was coming and could sufficiently prepare for, and which was not harsher than expected.

Force majeure also doesn’t cover unfavourable economic or financial conditions, such as if the contract becomes unprofitable to fulfil.

Some financial situations like this may be beyond your control, such as changes in the costs of certain materials. But the work becoming unprofitable or financially difficult does not impede work or a service from being carried out in the way other force majeure events do, and alternative arrangements can be made if necessary (e.g. using another supplier or purchasing with credit). Additionally, economic fluctuations are not uncommon and could even change in a favourable way.

Anything involving finances would therefore need to be addressed elsewhere in the contract, not under the force majeure clauses.

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How to Use Force Majeure Clauses in Construction Contracts

The specific wording and placement of your force majeure clauses is down to your discretion, but it’s important to write it with unambiguous wording and with consideration of the specific business activities involved. This ensures there is no room for misinterpretation.

It’s advisable that you seek legal guidance on this if you’re uncertain, to ensure you sufficiently cover the necessary areas and that the clauses you’ve written are legally sound. 

You must also ensure that all parties involved are aware of the clauses at the date of the contract. It cannot be added retroactively.

What Should Force Majeure Clauses Cover?

As mentioned, the exact details and phrasing of your clauses will be up to you to determine. Generally speaking though, it should cover some key areas, to ensure you fully define what you mean by force majeure events and what all parties will do if one happens. 

Below is a list of what force majeure clauses may cover:

• Definition of force majeure. This should explain that it refers to exceptional circumstances beyond all parties’ control, that could not be sufficiently mitigated even with due diligence, and that are the fault of no parties involved.
• What is considered force majeure. You should list the widely accepted circumstances that could invoke a force majeure, such as acts of God, government actions, riots, strikes, etc. Be as thorough as possible, listing all common examples under these definitions. Consider also including a final catch-all phrase, which states that force majeure also includes any other unforeseeable and uncontrollable circumstances.
• Actions that will be taken. For example, you should state that you’ll follow all reasonable contingency plans and due diligence to try prevent the suspension of work in a force majeure event. You must also explain that you will notify all the affected parties within a specific time frame, as soon as the force majeure circumstance affects the contract.
• Consequences to performance of the contract. This section should explain that, if all contingency plans are insufficient, the force majeure event will disrupt the service and it will be postponed for a certain period of time. This must not exceed the predetermined, acceptable length of time for delays as set out elsewhere in the contract. It should also explain any terms for termination of the contract.

With these clauses in place, you will have contractual rights to receive the necessary and reasonable extensions to work or even close the contract if a force majeure situation calls for it, without any delay penalties or being in breach of contract.

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Disclaimer: This article is written for guidance and awareness purposes only. We do not offer legal advice, particularly in the creation of contracts, and cannot be held responsible for how you may produce yours and its effectiveness, as it depends entirely on the business agreement in question and parties involved.

What to Read Next:

• Online Asbestos Awareness (Category A) Training Course
• PPE in Construction: Safety Guidance and Checklist
• Guide to Construction Tenders
• How to Dispose of Construction Waste
• What are the Differences Between Contractors and Employees?

The post Force Majeure in Construction Contracts: Workers & Contractors Rights appeared first on The Hub | High Speed Training.

Incoterms help to make international trading easier by providing standard terms that are uniformly recognised across the world. These trade terms are frequently used in domestic and international trade contracts.

It’s important to note that, while the Incoterms 2020 have been published, parties can continue to use previous revisions of the Incoterms, as long as they are decided upon in their agreements.

Types of Incoterms

The commonality of Incoterms in trading contracts makes it important for you to understand what they mean and the responsibilities of the various involved parties.

Incoterms 2020 are made up of 11 different Incoterms. The update resulted in a couple of key changes, which are outlined in the dropdowns below. This article will detail all 11 of the Incoterms 2020 to help you understand more about them.

Note that one incoterm had a change of name to better reflect the content of the incoterm – DAT (Delivered at Terminal) was updated to DPU (Delivered at Place Unloaded).

For more information on Incoterms 2010, visit the following article: Beginner’s Guide to the 11 Types of Incoterms 2010

It’s important to understand the key responsibilities outlined by each Incoterm and choose the one that is most suited to your needs. Our guide to the Incoterms 2020 should be a useful resource to help you understand your responsibilities when reading over national and international trade contracts.

This resource is meant to only act as a brief introduction to Incoterms 2020. Also, remember that all revisions of the Incoterms can still be used, including Incoterms 2010, as long as they have been clearly decided upon in your agreement. Further information on Incoterms can be found directly from the ICC. It’s important to fully understand the rules outlined by the Incoterms to avoid any unplanned costs to the buyers and seller.

What to Read Next

• Beginner’s Guide to the 11 Types of Incoterms (2010)
• Business Essentials Courses
• Anti-Bribery & Anti-Corruption Policy Template

The post Guide to the Incoterms 2020 – Key Changes Explained appeared first on The Hub | High Speed Training.

To help you get prepared, we have compiled some frequently asked questions about the inspections, including how often they are, what you can expect from them and what to do if you disagree.

How Often Are Food Hygiene Inspections?

An EHO can carry out a food hygiene inspection of your premises at any time. After each inspection, the FSA give a new food hygiene rating ranging from 0 to 5. A score of 5 represents high food safety standards and is what you should be aiming for.

The frequency of environmental health inspections depends on a number of factors concerning the potential risk to public health. This includes:

• When a food business is first opening. This also covers cases where the type of food that is sold from a premises has changed drastically. For example, a premises that was trading as a bakery but is now a butcher.
• Businesses that, as a result of a previous food hygiene inspection, have a low food hygiene rating. If your business does poorly and is deemed by EHOs as a potential risk to the public, expect follow-up inspections.
• When a local authority receives a complaint about potential breaches in food hygiene at a business.

There is no specified time frame as to how often an environmental health inspection must take place. The Food Standards Agency (FSA) state that, typically, high risk businesses will be inspected every 6 months until the risk to public health is reduced. In comparison, this duration of time increases up to every 2 years for lower risk premises. Very low risk businesses, such as those with a 5* food hygiene rating, may not be inspected for over 2 years.

Will I Be Informed about the Visit?

You will not be informed when an EHO is coming to visit your premises. You can’t deny an EHO entry as they are legally obliged to carry out a food hygiene inspection. EHOs turn up unannounced because their job is to assess the premises on a typical day. If it was known that they were coming, owners would likely make sure they were strictly abiding by food hygiene regulations. On an average day this may not be the case.

By following food safety law at all times, you will never be caught off guard. Doing so will also protect the health and safety of your employees and customers.

Do I Have to Request an Inspection?

Upon starting a new food business or taking over an existing one, you must register it with the local authority. This is a legal requirement that you must do at least 28 days prior to opening. You do not need to request a food hygiene inspection as this will happen automatically. Typically, you will receive your first visit by an EHO within 28 days of having submitted your application for registration.

However, you can contact your local authority and request an inspection. This shows you are being proactive and is good evidence for the ‘confidence in management’ criteria of the rating.

To help you to comply with food safety regulations, you can also request an informal visit from an EHO before the official inspection. During this visit, the EHO will evaluate your premises and food safety standards and then suggest how you can improve. While some councils will offer this for free, you may be required to pay a fee for this additional service. This fee is likely to be worth paying as it puts you in a good position and demonstrates that you take food hygiene seriously.

Can I Request a Re-visit?

You can request a re-inspection for a new rating once you have made the improvements requested. Details on how to do so can be found on the Food Standards Agency website. Usually, the local authority will make an unannounced re-visit within three months of the end of the three months ‘stand still’ period. This ‘stand still’ period is in place to give you sufficient time to make the changes requested.

In England, some local authorities charge a fee to cover the costs of this additional service. In Wales and Northern Ireland, all local authorities request a fee for a re-visit. If there is a charge, this will be outlined in the same correspondence as your initial food hygiene rating.

The FSA have recently reported on a scam in which a person claiming to be from either the FSA or the local authority has been approaching food businesses and demanding money for a food hygiene re-rating. Businesses were told that if they did not pay, they would be given a fine. You will only ever be asked to pay for a re-inspection by the local council themselves, and on your own request for a re-visit. An EHO would not ask you for payment for a re-inspection themselves.

Need a Course?

Our How to Improve Your Food Hygiene Rating Course is designed for those who manage food premises, whether catering, retail or manufacturing, who want to improve their rating under the Food Hygiene Rating Scheme (FHRS).

What Do Environmental Health Officers Look For?

During the inspection of your premises EHOs will consider the health and safety standards you adhere to (or disregard) on a typical day. They will assess you on the following factors:

As mentioned, following the assessment the business will be given a food hygiene rating. If there is a serious risk to public health the EHO has the authority to stop part of the business or close it down completely until it is safe. Businesses with low ratings will be told by the EHO how to improve their hygiene standards and be given a time frame to do so by.

To help prepare you for an EHO inspection, download our Food Hygiene Inspection Checklist.

I Disagree with My Food Hygiene Rating, What Do I Do?

If you disagree with the scoring decision, you can make an appeal and request a further inspection. Before doing so, you must try to understand why the visiting EHO gave that rating. You can contact the food safety officer at your local authority who will be able to explain what led to your rating.

If you still believe that it’s unfair, you can appeal in writing to your local authority. This must be done within 21 days of receiving your food hygiene rating or the local authority will publish your rating online. Following your request, you will be informed of the result within 21 days of your appeal reaching your local authority.

For step by step guidance, visit our article How to Appeal a Food Hygiene Rating.

Would you like to learn more about the Food Hygiene Rating Scheme, why it matters for businesses & consumers and which UK cities are the most hygienic?

Read the report here >

What To Read Next:

• How to Prepare for an EHO Visit
• Food Hygiene Rating Scheme Explained: Your Questions Answered
• Self Inspection Checklist for Food Premises – Be Prepared for EHO Visits
• 20 Ways to Sabotage a Food Hygiene Inspection
• How to Improve Your Food Hygiene Rating Online Training

The post How Often Are Food Hygiene Inspections? appeared first on The Hub | High Speed Training.

However, if you become aware of organisational wrongdoing, such as food crime, deciding to whistleblow can be daunting. This is particularly true if other employees ignore the situation or you are unaware of your rights.

If you are ever in a position where you need to ‘blow the whistle’, there are laws in place to protect you. This article will explain what whistleblowing is, who you should report your concerns to and what your legal rights are.

What is Whistleblowing?

Whistleblowing is the act of reporting certain types of wrongdoing or dangers at work. To be considered whistleblowing, the wrongdoing you disclose must impact others and be non-trivial.

This means that personal grievances, such as bullying or the breach of an employment contract, are not covered under whistleblowing law, unless there is something about the situation that could impact public interest. In general, any situation where an individual has a personal interest in the outcome of a grievance is not considered whistleblowing.

If you report any of the following wrongdoings, it is considered whistleblowing and you will be protected by law:

• Criminal offences, such as food crime, including food fraud, or financial fraud.
• Any occasions of the organisation breaking the law, such as reselling a recalled food product.
• Any occasions when you suspect someone is attempting to cover up wrongdoing. For example, destroying documents relevant to a lawsuit.
• Danger to one or more person’s health and safety. Food crime can seriously impact the health and safety of the general public who may consume impacted products. However, this protection also extends to reporting anything you may observe that puts another person’s health or safety at risk. For example, threats of violence to a co-worker to keep quiet about food crime.
• Environmental damage, including the risk of environmental damage.
• Miscarriage of justice, for example, the conviction of an innocent person. In food production, this could be the scapegoating of an innocent person in a case of food crime, allowing the real culprit to walk free.

What are Your Rights?

Anyone who needs to whistleblow is protected by law against unfair treatment or loss of employment. This law covers all ‘workers‘, including:

• Employees, for example, factory workers, office workers and waiting staff. This includes employees with contracts that use terms such as ‘casual’, ‘freelance’ or ‘zero-hour’.
• Agency workers and contractors.
• Trainees, including apprentices.

Overall, anyone who has a verbal or written contract or arrangement to carry out work personally, or in some cases subcontract it, for any reward is protected by law if they need to whistleblow. This ‘reward’ can be in many forms, including money, gifts or the promise of future work. This protection covers the reporting of concerns about current, past or future incidents.

Any ‘confidentiality’ or ‘gagging’ clauses are not valid if you need to whistleblow and you will still be protected by law.

How Should you Report a Concern?

You should report any whistleblowing concerns in line with your organisation’s whistleblowing policy. However, in general, you should make any whistleblowing complaints to either:

1. Your employer. They will then follow the procedure outlined in the organisation’s whistleblowing policy to investigate the concern. If your company doesn’t have a whistleblowing policy, any whistleblowing report you make will still be protected by law.
2. A prescribed person or body. If you do not want to raise the concern with your employer, you should raise it with a prescribed person or body. You must raise it with the prescribed person or body who deals with the nature of the issue you are reporting. For example, food crime concerns should be raised with the National Food Crime Unit.
3. A lawyer. If you are unsure about who to speak to, a lawyer will be able to provide you with legal advice on raising your concern.

Whistleblowing can be scary, especially if other employees and management are aware of the situation and refuse to whistleblow themselves. Therefore, if you choose to whistleblow, it’s important that you submit your complaint in writing. This means you have evidence that you have whistleblown and it’s not just your word against theirs. The written exchange of your report can be key evidence if your organisation fires you or treats you poorly after submitting a complaint.

You can make a whistleblowing complaint anonymously. However, if you fail to provide all the necessary information, your complaint may not be taken any further.

How Will your Concern be Handled?

When you raise your complaint to your employer or the prescribed person, they will listen to your concern, gather any further information if needed and then take any necessary actions. Once you have raised your concerns, you will have no say in how the concern is investigated or dealt with or how much information is shared with you.

If you’d like to remain anonymous, it’s vital you say so straight away when you report your concern.

If you are unhappy with how your concern has been handled, then you can raise your concern with a senior staff member or the prescribed person or body (if you haven’t contacted them already).

What are the Ramifications if you Fail to Report an Incident?

There is no legal duty for you to report any crime that you witness. However, you have a moral duty to take a stand against crime and protect innocent people who may be harmed.

For example, consider that you become aware your organisation is committing a food crime by substituting extra virgin olive oil for hazelnut oil. You’re not involved in the substitution, but you do not report it. They do not label these actual ingredients on the bottle (hazelnut oil) and customers believe they are consuming pure extra virgin olive oil. An individual allergic to hazelnuts consumes the fraudulent product, goes into anaphylactic shock and the results are fatal. While you were not directly involved in the food crime, you could have prevented a tragic circumstance by whistleblowing.

Organisational wrongdoing, such as food crime, can have severe impacts on consumers. Whistleblowing can be overwhelming but, if you have concerns, reporting them could save someone’s life. Remember that, as a worker, if you need to whistleblow you have legal rights and are protected by law.

Up Next: Who is Responsible for the Traceability of Food?

The post Whistleblowing on Food Crime – Do You Know Your Rights? appeared first on The Hub | High Speed Training.

Employers must also consider an employee’s health and wellbeing, whether they are suitable for the job, and if they need to make any workplace adjustments for them.

What is Occupational Health?

Occupational health focuses on both the mental and physical wellbeing of employees in a workplace. Its aim is to prevent work-related illness and injury and promote the health and wellbeing of all employees. It encourages safe working practices, analyses ergonomics, monitors employee health, and helps the management of sickness absence.

An occupational health service is the opportunity for employers to support their workers’ wellbeing. It consists of various health checks and support – from healthcare professionals – to help employees stay well.

Need a Course?

Our Employment Law Training has been designed for managers, employers, and members of HR who must be familiar with key areas of employment law. We also offer Mental Health Awareness Training which demonstrates how easy it can be for employers to make adjustments in order to encourage tolerance and understanding in the workplace.

What is an Occupational Health Assessment?

An occupational health assessment is a medical assessment of an employee by an occupational health professional. It assesses an employee’s physical and mental health and provides their employer with recommendations. It also gives the employer instructions on what they must do to ensure a safe and healthy working environment for that employee.

The primary purpose of an occupational health assessment is to prevent work-related injuries. Most often, they determine whether an employee is physically suited for a particular job. They can also identify any pre-existing conditions that make an employee more at risk of certain hazards.

Different Types of Occupational Health Assessments

There are many different types of occupational health assessments. The type of assessment you receive will depend on your job.

Pre-Employment Health Assessments

A pre-employment health assessment is a screening, performed by a healthcare professional, to determine whether an employee is medically fit for the job and its duties. It is requested by an employer, as part of the risk assessment process, but only after they have made a job offer.

The specifics of the assessment are determined by the type of occupation. For example, the assessment for a police officer will differ greatly from that of an office worker. Despite this, the pre-employment health assessment commonly consists of:

• The completion of a health questionnaire that asks about health issues relevant to the job.
• Discussion regarding any pre-existing medical conditions.
• Health checks related to specific risks associated with the work. For example, a respiratory health check if the job involves exposure to hazardous substances.
• Physical ability tests to measure the employee’s ability to perform a job requirement. For example, a fitness test for a firefighter.

Fitness for Work Assessments

A fitness for work assessment ensures that the individual is fit to perform the tasks required and isn’t a risk to their own, or others’, health and safety. They help employers to identify when and where they need to make reasonable adjustments to the job, task, or environment.

These are needed when a worker has a health condition that:

• Limits or prevents them from performing their job effectively. For example, if they have a musculoskeletal condition that will affect manual handling work.
• Will be made worse by the job. For example, if they have dermatitis and they need to work around chemicals.
• Might make certain work environments unsafe for them. For example, if they have limited vision and they need to work in a poorly-lit environment.
• Poses a risk to the community. For example, if they have recently had food poisoning and are returning to their job as a food handler.

Fitness for work assessments may also be needed when somebody is returning to work after a period of absence. For example, if they are returning after maternity leave, illness, or injury.

What are the most common occupational illnesses? Our article lists the top 5 and how to reduce the risk.

Job Specific Assessments

A job specific assessment is a type of assessment that is related to a specific working task or practice. This might include:

Working with Power Tools

Employees should undergo frequent health assessments if they use vibrating power tools as part of their regular job role. This is to ensure that they are not suffering from hand-arm vibration syndrome (HAVS), carpal tunnel syndrome (CTS), or vibration white finger.

Working at Height

Anybody who works at height must be safe to do so. This means that, before they are allowed to work at height, an employee should be assessed to ensure they don’t have any medical conditions that may affect their safety. For example, poor vision or vertigo.

Lone Working

If somebody has to work alone as part of their job role, then their employer should ensure that they consider the risks associated with it. For example, what to do in an emergency, whether the person has the abilities needed for the job role, and the risk of loneliness.

Display Screen Equipment

There are a number of risks that accompany the use of DSE, such as musculoskeletal disorders (MSDs) and repetitive strain injuries (RSIs). Employers, or a DSE assessor, must ensure that an employee’s display screen equipment is correctly positioned and that they know how to adopt the correct working posture.

For sector-specific advice, you may want advice on how to manage occupational health in the construction industry.

Mental Health Assessments

A mental health assessment examines an employee’s mental health. It gives them the opportunity to discuss any pre-existing mental health conditions, any that have arisen whilst they’ve worked there, or any factors at work that are affecting their mental health. For example, the pressure of tight deadlines.

A mental health assessment is essential for promoting positive mental health in a workplace. You can have an occupational health assessment for depression, anxiety, stress and other mental health conditions.

If an employee has returned to work after a period of absence for a mental health condition, such as if they’ve had time off for depression, then an employer must complete a mental health occupational assessment on their return. This is to ensure they have the opportunity to discuss returning to work and any adjustments they need their employer to make.

An occupational health assessment is a medical assessment of an employee’s physical and mental health. It is essential for promoting staff health and wellbeing and ensuring that an employee is safe at work.

What to Read Next:

• How to Support Hidden Disabilities in the Workplace
• How to Conduct a Grievance Hearing: Tips for Employers
• Work Related Stress: Your Responsibilities as an Employer

The post What is an Occupational Health Assessment? appeared first on The Hub | High Speed Training.

CSR is something that all businesses, big and small, should invest in. Many consumers research a business’s commitment to CSR before they do business with them. In fact, a whopping 90% of consumers would boycott a company if they learned of irresponsible or defective business practices. This highlights just how important CSR is for all businesses.

This article outlines how to implement corporate social responsibility in your business and steps you can take to demonstrate a strong commitment to ethical practices.

Five Meaningful Corporate Social Responsibility Examples

Businesses of all shapes and sizes are investing in Corporate Social Responsibility. As a business owner, or somebody who’s in charge of implementing CSR in your company, it’s important to remember that your efforts should be meaningful and beneficial.

Many big businesses have embraced their responsibilities and have worked towards operating more ethically. One corporate giant who does this successfully is Google. The popular search engine has made multiple efforts towards good citizenship. For example, Google Green aims to use resources efficiently and support renewable power. In turn, Google have seen a 50% decrease in the power required for their data centres. This is something that any business could do.

Five corporate social responsibility examples from companies, that show a strong commitment to CSR, are:

1. Xerox – Community Involvement Programme. This gives employees the chance to work on social projects of their choice. Furthermore, employees are even allowed to take a paid leave of absence to focus entirely on their social project.
2. TOMS Shoes – One for One Campaign. The founder of TOMS launched the initiative with a simple idea – to match every pair of shoes sold with a new pair for children in need. The company has gone from a shoe company to a socially responsible organisation that has given 60 million shoes to disadvantaged children.
3. Levi Strauss – Workers Well Being. The popular denim company launched a Workers Well Being initiative back in 2011 to help them focus on investing in their workers’ lives. They regularly survey their staff to ask how they can become more engaged, healthy, and productive, and implement measures accordingly.
4. LEGO – Build the Change. LEGO organise a series of events around the globe to give children a voice to tackle various challenges.
5. LinkedIn – InDay. One Friday every month, LinkedIn’s employees participate in ‘InDay’. The purpose of this is to give back to the community through employee volunteerism and resources. They have a range of different themes, from guest speakers discussing global justice to volunteering in local communities.

How to Implement Corporate Social Responsibility in a Small Business

Of course, these examples of CSR are all from large corporations. Often, when we hear the term Corporate Social Responsibility, we tend to think of big, global initiatives that seem overwhelming and impossible for small businesses. However, any change to work towards CSR is positive and even making a small change can have a massive difference. Time isn’t wasted when you’re helping somebody else.

Need a Course?

Our Corporate Social Responsibility Course aims to help learners understand how they can create a strategy that promotes environmental, societal and economic issues and how they can work in ways that are resourceful, ethical and sustainable.

Here, we outline some corporate social responsibility examples for small businesses.

1. Get Involved with Local Communities

One way to demonstrate your commitment to Corporate Social Responsibility is to get involved with your local community. Participate in local events, buy from local suppliers, and get involved with community decisions.

2. Volunteer

Another way that you can give back to the community is by having your staff volunteer within it. Even if they only volunteer for one hour a week, they will still give back to the community. For example, they could volunteer in a local care home helping to serve meals, or help children with their reading in the local primary school.

3. Go Green

Similar to Google Green, you should aim to cut your power and electricity output. You don’t have to make drastic changes to see these cuts. For example, you could:

• Ask all staff to turn off their computers when they’re not using them, such as on their lunch breaks or during meetings.
• Ensure everyone turns lights off in a room when they leave it.
• Unplug any electrical appliances when you’re not using them.

You should also ensure all staff recycle. Create recycling points around the workplace and give staff an incentive to get them to take their recycling responsibilities seriously. For example, the team that recycle the most could get to go home an hour earlier one day.

4. Alternative Transport Methods

You should also encourage your staff to go green by asking them to take more environmentally friendly transport methods to and from work. For example:

• Give staff an incentive to cycle. For example, you could offer a scheme where you contribute to the cost of a bike.
• Explain the benefits of car sharing and encourage employees to organise shared transport.
• Encourage staff to take public transport to work, such as the train. Provide an incentive, like offering to buy them a railcard or helping with the cost of their train fares.

5. Support the Development of Your Employees

Supporting your employees is just as important as supporting your local community. Part of CSR involves ensuring that your employees feel happy, healthy, and safe whilst at work. You should invest in your employees’ personal and professional development and encourage their progression. For example, you could allocate one afternoon slot every week for employees to work on their personal development.

This article has explained how to implement corporate social responsibility in your small business and provided examples of companies who have successfully done so. Be realistic with your efforts and don’t take on more than you can handle. Choose two to focus on initially and work from there.

What to Read Next:

• The Importance of Corporate Social Responsibility for Your Business
• Environmental Awareness Quiz
• Online Environmental Awareness Training
• Corporate Social Responsibility Training

The post How to Implement Corporate Social Responsibility in Your Small Business appeared first on The Hub | High Speed Training.

Who needs a Data Protection Licence?

The Data Protection Act 2018 requires all data controllers to register with the Information Commissioner’s Office (ICO). They must apply for a data protection licence and renew their registration annually.

A data controller is any individual or organisation that processes personal information, including sole traders, limited companies, and MPs. If this definition applies to you, you’ll need to register.

Not sure if you need a DPA licence? The ICO website has a self-assessment tool that you can use.

Notification to the ICO

Notification is a statutory requirement. Every individual or organisation that processes personal information must notify the ICO, unless they are exempt. Failure to notify is a criminal offence.

To notify the ICO, you must provide them with details about how and why you process personal information. The ICO then publishes certain details in the register of data controllers, which is available to the public for inspection.

You can search the data protection licence register online here.

How Do I Get a Data Protection Licence?

You can complete your Data Protection Act registration via a simple online form, which you must fully complete. This involves providing details on your organisation, the types of data that you process, the number of employees in your business, and your turnover. You might need to add details of your Data Protection Officer during this process too.

Make sure you have your payment details ready to pay the annual data protection fee.

Need a Course?

Our Data Protection Training Course is designed to help businesses and individuals comply with the essential principles of the UK’s Data Protection Act and the EU’s General Data Protection Regulation (GDPR).

You may also be interested in: Key Principles of the Data Protection Act 2018

Data Protection Licence Fee

The fee for registration depends on the size and turnover of your business. The ICO will determine which of three payment tiers you fit into, which were introduced as part of GDPR. The tiers range from £40 to £2,900, but most organisations will only need to pay £40 or £60.

The three tiers of data protection fees are: 

• Tier 1: micro organisations. This tier applies to business with a maximum turnover of £632,000 for the financial year or no more than 10 employees. If this tier applies to you, you must pay £40.
• Tier 2: small and medium organisations. This tier applies to business with a maximum turnover of £36 million for their financial year or no more than 250 employees. If this tier applies to you, you must pay £60.
• Tier 3: large organisations. This tier applies to any businesses that do not meet the criteria for the first two tiers. They must pay £2,900 for the licence fee.

There is no VAT required for a DPA licence. Furthermore, charities and small occupational pension schemes will only need to pay £40, regardless of their size and turnover.

If you’re unsure about which tier you fit into, you can take the ICO’s assessment online.

Data Protection Licence Renewal

You must renew your data protection licence annually. To do this, you’ll need your order and registration reference, and payment details to repay the fee to the ICO. Your business will receive a reminder six weeks before the renewal fee is due.

Be sure to not ignore this reminder, as renewal is absolutely crucial for ensuring you carry out data handling activities legally and securely.

What to Read Next:

• Data Protection Act Summary
• Online Data Protection Training Course

The post How to Apply for a Data Protection Licence appeared first on The Hub | High Speed Training.

In 2015, the Modern Slavery Act was introduced to police modern slavery in the UK. The introduction of this law enforced greater responsibility on big UK businesses to tackle slavery in their global supply chains. It affects all types of companies whether they are private or public, and includes partnerships. The Act states that, if you own a business with an annual global turnover of over £36 million pounds (the level subscribed by the Secretary of State) and carry on part or all of your business in the UK, you must produce a ‘slavery and human trafficking statement’ for each financial year.

Need a Course?

Our Human Trafficking and Modern Slavery Training is designed to provide learners with an awareness of the signs of exploitation and trafficking in the UK.

What to Include in a Modern Slavery Policy

The content of a statement differs from business to business, but there are sections that the government recommends you include. This article will outline these sections and help you understand what you need to include in your Modern Slavery Statement, so you can comply with your legal requirements.

Each of the following sections corresponds to a section you should include in your Modern Slavery Statement.

Policy Statement

Both modern slavery and human trafficking are covered in the provisions of the Act. The term ‘modern slavery‘ describes anyone forced into labour, owned or controlled by an ‘employer’, treated as a commodity (i.e. bought or sold) or physically constrained. Human trafficking describes the practice of illegally transporting someone from one area or country to another, usually for the purposes of being sold into modern slavery. A person does not need to be taken out of their home country to be considered a victim of human trafficking. However, it is commonly accepted that the majority of modern slaves in the UK are trafficked from overseas to work in the agricultural, construction, hospitality, manufacturing and car washing industries. Additionally, many adults and children are trafficked and sold for domestic slavery or sexual exploitation.

You should begin your statement by detailing your organisation’s commitment to ethical practices. Within this part of your statement you should:

• Condemn modern slavery and human trafficking.
• Detail your dedication to ensuring that modern slavery does not take place at any point during your business or supply chains.

A slavery and human trafficking statement is a document that sets out the steps an organisation has taken during the financial year to ensure that neither slavery or human trafficking is occurring in any part of its supply chain or its own business.

It can also include:

• The name of your business.
• Your annual turnover.
• The organisational structure of your business.
• What your business does. This includes a summary of your business sector, operations and details of your supply chains. You should provide details of all countries and regions in which you directly operate, as well as the operations carried out there.
• The names and details of any subsidiaries you might have.
• The number of people you employ and how many customers you serve annually.
• The policy you have in place regarding slavery and human trafficking and who the policy applies to. 

Level of Risk

Within your statement, you should also include the measures you have taken to identify and manage the risks of human trafficking and slavery occurring within your business or supply chain. You should detail:

• Any high-risk areas of your business in regards to slavery and human trafficking.
• How you’ve identified and assessed these areas.
• What steps you have taken to mitigate the risks of slavery and human trafficking within your business and supply chains.
• How you monitor high-risk areas within your business and supply chain.

You should also detail that you have a zero-tolerance attitude towards human trafficking and slavery at all points within your supply chain, and the strategies you enforce to ensure complete supply chain compliance. You can also include information about training that is available to your staff about slavery and human trafficking.

Company Policies

In this section of your modern slavery statement, you should outline the relevant policies you have that ensure you conduct all business in an ethical manner and are committed to being a transparent organisation. This could include your:

• Anti-slavery policy. This policy should detail your company’s stance on modern slavery and human trafficking, who has responsibility over the policy and how your employees can identify and report suspicions.
• Whistleblowing policy. Your whistleblowing policy should be used to ensure your employees feel comfortable raising concerns without fear of repercussion.
• Recruitment policy. All companies should have a strict recruitment policy that checks the eligibility of workers for UK employment.
• Code of conduct. This policy should detail the standards you expect your organisations, employees and suppliers to meet.
• Training policies. You should also detail the training you will provide to your employees. The type of training they require may differ depending on the employee’s position.

Your policies apply to everyone who works for your organisation. Therefore, you must state that all employees must read and understand the information contained within them. You might also need to specifically mention certain roles, such as those who have more responsibility over ensuring everyone meets the company standards on slavery and human trafficking. For example, the head of the department who works directly with suppliers might need more in-depth training.

Company Suppliers

Your zero-tolerance commitment to slavery and human trafficking must also stand when you choose suppliers. Therefore, your policy should detail how you will use due diligence to find and use suppliers who will also demonstrate a commitment against modern slavery and human trafficking. To do this, you could map out your supply chain and identify the high-risk areas within it. You should regularly carry out supplier audits to ensure that they all adhere to your standards.

You should also detail the policies you enforce should any of your suppliers fail to meet the standards you set. This could include asking them to improve or terminating their contracts with you.

Policy Approval

Depending on the corporation you run, the type of approval you need for your statement changes:

• Body corporate that is not a limited liability partnership: your policy must be approved by the board of directors, or equivalent, and signed by a director, or equivalent.
• Limited liability partnership: your policy must be approved by the members and a designated member must sign it.
• Limited liability partnership registered under the Limited Partnership Act 1907: your policy must be signed by a general partner.
• Any other kind of partnership: your policy must be signed by a partner.

Your anti-slavery policy should be available online and clearly linked on your website so it is easy to find. By creating a detailed ‘slavery and human trafficking statement’, you will show your customers that you are committed to carrying out your operations ethically. You will also comply with your legal responsibility under the Modern Slavery Act. 

What to Read Next:

• What is the Difference Between Arranged Marriage and Forced Marriage?
• Methods of Human Trafficking and Recruitment
• Signs of Abuse in Adults
• Human Trafficking and Modern Slavery Training

The post Writing a Modern Slavery Policy: Guidance for Employers appeared first on The Hub | High Speed Training.

Some of the terminology may feel a little overwhelming and confusing if you’ve never encountered them before, so we’ve created this GDPR glossary of key terms to help.

Accountability – the data controller is responsible for compliance with the data protection principles. They must be able to demonstrate the steps the business takes to ensure compliance.

Binding Corporate Rules (BCRs) – a set of rules that allow multinational organisations to transfer personal data from the EU to their affiliates outside of the EU.

Consent – consent is defined as receiving a data subject’s agreement to process their data. Agreement must be freely given, informed, specific and unambiguous. This consent could be given several ways, such as via a written statement (including by electronic means) or an oral statement. Gaining consent must be clear and unambiguous. The data subject must understand implicitly what they are providing their data for, how it will be processed, who will process it and how long it will be stored.

Data Breach – any accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access of a subject’s data.

Data Controller – ‘controller’ means the legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of processing personal data.

Data Erasure– (also known as the Right to be Forgotten) this entitles the data subject to request that the data controller erase their personal.

Data Minimisation – this means that you can only collect personal data if it’s needed to achieve the intended purpose. Personal data should be adequate, relevant and limited to what is necessary. Where appropriate, such data should also be kept up to date.

Data Processor – ‘processing’ means any operation, or set of operations, which is performed on personal data or on sets of personal data. It is considered processing whether these operations occur by automated or manual means. Processing includes the following activities: collecting, recording, organising, using, structuring, storing, adapting, retrieving, consulting, destroying and more. The data processor can be an organisation or third-party provider who manages and processes personal data on behalf of the controller. Data processors have specific legal obligations, such as maintaining personal records, and are liable in the event of a data breach.

Data Protection Authority – the national authority who protects data privacy.

Data Protection Officer – an appointed individual who works to ensure you implement and comply with the policies and procedures set by GDPR.

Data Subject – someone whose personal data is processed by a controller or processor.

Encrypted Data – personal data which has been translated into another form or code so that only people with specific access can read it.

Need a Course?

Our GDPR Training Course  is suitable for anyone who has responsibility for implementing the changes brought about by the GDPR.

EU-US Privacy Shield – this refers to a new set of GDPR standards that allow for the legal transfer of personal data between the EU and US for commercial reasons.

Fairness Principle – this is a principle that states the data subject should have the right to:
1. Access the data.
2. Rectify the data.
3. Request that the data be erased.
4. Restrict processing.
5. Data portability.
6. Object to the processing of data.
7. Not to be subject to a decision based solely on automated processing.

Integrity & Confidentiality Principle – personal data must be processed using appropriate technical, organisational and security measures.

Legality Principle – for any personal data processed, the organisation must be able to specify that it has been processed on one of the legal grounds specified by GDPR. These grounds are:
1. Individuals consent.
2. Contract with the individual.
3. Complying with an existing obligation.
4. Complying with an existing obligation.
5. Necessary for a task in public interest or authority.
6. Necessary in the legitimate interest of an organisation or third party.

Personal Data – any direct or indirect information relating to an identified person that could be used as a means of identifying them. This includes their name, ID number, location data or an online identifier.

Privacy Impact Assessment – a tool used to identify the privacy risks.

Profiling – the automated processing of personal data.

Processing –  this refers to any activity relating to personal data, from initial collection through to the final destruction. It includes the organising, altering, consulting, using, disclosing, combining and holding of data, either electronically or manually.

Pseudonymisation – processing data so it can no longer be attributed to a data subject without the use of additional data.

Purpose Limitation Principle –  this refers to using information only for the specified, explicit and legitimate purposes for which the data was collected and not for any other purpose.

Sensitive Personal Data – other factors specific to physical, physiological, genetic, mental, economic, cultural or social identity. This can include genetic data, biometric data, and criminal convictions and offences that, when processed, can uniquely identify a person.

Third Party – a legal body or authority other than the data subject, controller or processor who is authorised to process personal data under authority of the data controller or processor.

The terminology used when describing GDPR can be confusing, but it’s important that you understand them all. Knowing what responsibilities GDPR places on different individuals and what policies and procedures you must comply with is important if you want to avoid severe legal fines and a lost reputation. Use the information contained in this article to ensure you understand what is expected of you.

What to Read Next:

• GDPR Consent Requirements
• GDPR Quiz
• GDPR Online Training

The post GDPR Glossary of Key Terms appeared first on The Hub | High Speed Training.