PR UPDATE OCT

Data protection rules overhaul: how care home managers can avoid incurring hefty fines

By Sarah Finnemore, solicitor, Litigation and Dispute Resolution Department, hlw Keeble Hawson

Care home owners and managers are urged to get to grips with the biggest overhaul of data protection law in a generation before new rules come into effect on May 25, 2018. The General Data Protection Regulation (GDPR) will spark a series of challenges for businesses across the care and healthcare sector. It will be regulated by the Information Commissioner’s Office (ICO), a government watchdog, and fines for non- compliance could be as much as €20,000,000 or 4% of annual turnover. A very complex area, covering a huge array of requirements, GDPR will govern how all private, public and third sector organisations across the EU handle personal data. The government has said that it will remain in place post-Brexit. Under GDPR, every person whose personal information is stored by a business for any reason - must be told why that organisation wants it and what it will do with it. Care homes seeking to share the data with any third party will also need the specific consent of the individual. This consent must be very clear. For example, you cannot simply rely on a click confirming that a privacy policy has been read. Legal consent under GDPR must be explicit, informed and freely given. It can be made in a statement or by ticking a box. Personal data must be stored securely with specified protocols to ensure that it is not breached, stolen, leaked or shared without authorisation. The far-reaching changes allow anyone to inspect their personal data at any time. As such, care homes must be geared up to handle ‘subject access requests’ - informing anyone who asks what data is held on them - and how it is used - within one month. This means that it must be kept accurate and up to date, with any changes made as and when they occur. The need for easy amendment and management is also vital as anyone can request that their personal data be removed at any time, or revoke any consent previously given. GDPR also requires that employees are trained in how to protect and manage the information they hold. The personal data of care home residents and their families are among the most sensitive held by any organisations – public or private. This means that they will have to look carefully at the specific rules that apply to processing “sensitive data” in order to not fall foul of the new regulations. The confidential nature of such information may also influence the security systems that care homes require in order to keep sensitive personal data safe and secure. Healthcare providers generally operate under the doctrine of “implied consent” when using sensitive personal details about an individual’s health in order to treat them and provide care. Under the new, more stringent GDPR rules, relying on the “implied consent” of the individual may not pass the requirement that consent be given explicitly. However, the regulations do provide an alternative legal basis of processing sensitive data for health or social care purposes. Some care home residents may lack the capacity to understand the implication of giving consent to their data being processed. This makes it even more inappropriate for an organisation to seek to rely on the consent basis for processing and vital that they can rely on another legitimate basis for doing so. Even if care homes do not seek to rely on a resident’s consent for processing their personal data, clear information about how it might be used should still be provided in their privacy policies.

A particular headache for managers and owners, who may already have amassed large amounts of information, is that GDPR applies retrospectively – i.e. to all data collected before May 2018, as well as all data from that date. Comprehending and complying with the massive overhaul will be extremely challenging - and it is still possible that there may yet be even more new developments and changes in the lead up to the new rules being implemented. Adopting the adage that forewarned is forearmed, enlisting a legal practice with a track record in data protection upfront can help to prepare your business for the changes to come, and avoid severe financial non-compliance penalties further down the line.

YFM £1.5m investment in e2E

E2E Engineering has secured a £1.5m investment from YFM Equity Partners in a deal which includes a new board appointment.

Based in offices in Welwyn Garden City and Gateshead, e2E specialises in evolving technologies and innovations. With support from the European Space Agency and Innovate UK, it has developed a suite of products and services designed to solve communications-based problems in the telecommunications industry.

The investment from YFM will be used to commercialise and launch the first product of this nature – NEATaccess.

As part of the deal, the private equity firm has also introduced Mark Hurley – an experienced director who holds a number of executive and non-executive positions – to the board.

E2E will continue to be led by Barry Ross, Eliot Minn and Chris Clarke, who founded the business together. Chief executive Ross said: "The telecommunications and satellite communications market is rife with opportunities at the moment, given the complex networks and ever-expanding communications channels on offer.

"At e2E we have proven experience of developing bespoke and successful solutions and with YFM's support we look forward to launching these to the wider market.“

Andy Thomas, investment director at YFM, added: "We were attracted to this opportunity due to the strength of the long-established management team and the exciting, unique technology that they had developed over recent years. "NEL Fund Managers introduced the deal and it was particularly pleasing to work with both them and local advisers to help bring this deal to completion. We look forward to helping this business to grow in the North East and Welwyn Garden City.“

YFM Equity Partners' funding came from its two advised VCTs – British Smaller Companies and British Smaller Companies 2.

The firm was advised by HLW Keeble Hawson (Matt Ainsworth and Michael Hall), while e2E was assisted by Bird and Bird (Richard Bloomfield and Struan Penwarden, Robert Taylor). Financial due diligence was undertaken by Irving Ramsay (Michael Cook), commercial due diligence by Access Partnership (Colin Thomson) and human resources due diligence by Stratton HR (Anna Cornwallis).

Road race puts law firm on track to raise £5k for St Luke’s Hospice

Team members threw themselves into the spirit of the Sheffield 10k road race to keep fundraising goals on track and help the hospice continue to deliver palliative care for the terminally ill.

Litigation and dispute resolution solicitor, Emily King, organised the team’s participation in the event in which thousands of runners raced through the centre of the city. Fundraising initiatives to date have included rising to the challenge of the Yorkshire Three Peaks, a five-a-side football tournament and bake offs. Michele Todd, partner and head of the firm’s charity sector group, said: “To continue doing its amazing job, St Luke’s Hospice needs to raise more than £6.3 million every year. We’re proud of the team’s commitment across so many diverse events this year - and hats off to the latest footsore fundraisers.” St Luke’s chief executive, Peter Hartland, said: “As a charity, all the services we provide are free. The tireless commitment, energy and creativity of hlw Keeble Hawson’s employees has been tremendous and is vital in helping us to develop and drive continual improvements for everyone affected by terminal illness.”

A champion of giving back to its local communities, hlw Keeble Hawson donates over 50 pro bono days annually to participate in wide-ranging fundraising events for organisations. These include Cathedral Archer

Project, St Gemma’s Hospice in Leeds and the nationwide charity, Changing Lives. For more information on St Luke’s Hospice, visit www.stlukeshospice.org.uk

Children of Divorce – Why one Size does not Fit all when it Comes to Divorce and Children’s Happiness

In my long experience as a family lawyer, children of divorced or separated couples can be happy or unhappy – regardless of contact arrangements.

This view contradicts a study from Stockholm University which was widely reported and which claims that children who live full time with one parent are more likely to be stressed than those in shared custody . Researchers say one explanation for the findings of the report – which relates to Swedish families 14 years ago – may be that children who spend most of their time away from one parent, lose contact with relatives, friends and money. Rather than be drawn into the often widely differing findings of such studies, it is perhaps more important to concentrate on common sense, and take practical measures to reduce the impact of divorce and separation on children’s health and wellbeing. While my professional experience is largely confined to parents who are in conflict during or following a break-up , it is apparent that different triggers spark stress in children and young people. A child living with one parent could be thoroughly miserable with the arrangement – missing the other dreadfully, left insecure by the split – and with profound feelings of guilt and great trepidation about the future. If they have a good reason for not wanting to always be with the lone parent – their stress levels will escalate. Conversely children whose separated parents get on very well – and who have regular contact with both – may become anxious over handovers from one parent to the other. Causes of aggravation might be unwelcome journeys, separation from friends, pressure of meeting schedules and unease with a non- resident parent they do not know as well. The overarching goal in these situations is the same as that which lies at the heart of family law: in all cases and circumstances, the wellbeing of the child must come first. While it is understandable at the outset of divorce or separation for both parents to want to share custody and contact equally, there are often so many reasons why this is not always possible. For example, children may not benefit from seeing both parents if one has insufficient time to sustain a relationship and stay abreast of their interests. What is crucial is that parents do all they can to sort things out with maximum cooperation and minimum argument. It is vital that they behave like responsible grown-ups in arranging the needs and comfort of their children – planning meticulously, if possible together, and explaining lifestyle changes to the children as soon as possible. To achieve this, parents can work with professional advisers who can guide them through all the considerations that make an amicable outcome possible and help reach agreement constructively through a collaborative route to divorce.

Workshop puts spotlight on absence management

An HR workshop on October 12 will help employers to manage absences in the workplace.

The free participative event will be held at hlw Keeble Hawson’s Commercial House office on Commercial Street, Sheffield from 8.30am-11am.

Delegates will learn about the main legal principles surrounding absence management and be invited to discuss case studies covering possible problem scenarios

The workshop, the latest in a series to help companies deal with key employment issues, will be led by hlw Keeble Hawson partner and head of employment law, Barry Warne.

He said: “Latest government statistics estimated that 137.3 million working days were lost to sickness or injury in 2016. It is thought that the rising numbers of those with stress, depression and anxiety accounted for 80 million of these – with 80 per cent of employers saying they need more support to improve the way businesses deal with mental health in the workplace.

“Among many other absence issues are short staffing and placing other employees under greater pressure. We will advise on the legal implications for both employers and staff and suggest ways of dealing with the problem.”

New data protection rules: how digital designers can avoid incurring hefty fines Digital and creative businesses are urged to get to grips with the biggest overhaul of data protection law in a generation before new rules come into effect on May 25, 2018. The General Data Protection Regulation (GDPR) will spark a series of challenges for businesses across the creative and digital industries sector. It will be regulated by the Information Commissioner’s Office (ICO), a government watchdog, and fines for non- compliance could be as much as €20,000,000 or 4% of annual turnover. A very complex area, covering a huge array of requirements, GDPR will govern how all private, public and third sector organisations across the EU handle personal data. The government has said that it will remain in place post-Brexit. Under GDPR, every person whose personal information is stored by a business for any reason - must be told why that organisation wants it and what it will do with it. Digital designers seeking to share the data with any third party will also need the specific consent of the individual. This consent must be very clear. For example, you cannot simply rely on a click confirming that a privacy policy has been read. Legal consent under GDPR must be explicit, informed and freely given. It can be made in a statement or by ticking a box. Personal data must be stored securely with specified protocols to ensure that it is not breached, stolen, leaked or shared without authorisation. The far-reaching changes allow anyone to inspect their personal data at any time. As such, organisations must be geared up to handle ‘subject access requests’ - informing anyone who asks what data is held on them - and how it is used - within one month. This means that it must be kept accurate and up to date, with any changes made as and when they occur. The need for easy amendment and management is also vital as anyone can request that their personal data be removed at any time, or revoke any consent previously given. GDPR also requires that employees are trained in how to protect and manage the information they hold. The digital and creative industries are among the fastest growing and culturally diverse in our economy and businesses in this sector are renowned for routinely collaborating with other companies globally. Many creatives will therefore have to look carefully at the specific rules that apply to processing data between different countries. In a largescale advertising project, for example, or when looking to bring in specialist skills from abroad, this might run to numerous countries both within the EU and further afield. Where digital businesses step outside the EU, the new regulations impose restrictions to ensure that data protection rights are adequately safeguarded by the organisation that receives the data. Data may be transferred beyond the EU where the individual gives informed consent or the transfer is required to perform a contractual obligation in the interests of the individual. A particular headache for those in the digital industries, who may already have amassed large amounts of information, is that GDPR applies retrospectively to all data collected before May 2018, as well as all data from that date. Comprehending and complying with the massive overhaul will be extremely challenging - and it is still possible that there may yet be even more new developments and changes in the lead up to the new rules being implemented. Adopting the adage that forewarned is forearmed, enlisting a legal practice with a track record in data protection upfront can help to prepare your business for the changes to come, and avoid severe financial non-compliance penalties further down the line.

Michele Todd – Radio Sheffield Legal Phone In – Wills & Probate issues

Barry Warne – Radio Sheffield Legal Phone In – Employment Law issues

PM Legal Services launches flood insurance scheme for blocks of flats not covered by Flood Re PM Legal Services, a division of law firm hlw Keeble Hawson, has launched what it calls a “revolutionary” flood insurance scheme for “uninsurable” blocks of flats. In partnership with London insurance broker, 1 st Sure Flats, the scheme gives affordable protection to many flat owners in high-risk areas nationwide that are not protected by the Government-backed Flood Re scheme, which does not apply to residential blocks in England and Wales with more than four flats. PM Legal Services has designed a simple format that allows necessary modifications to be carried out quickly and easily at a low cost to flat owners. Once completed, blocks and leaseholders are issued with policies that protect against the usual perils and, importantly, against flood peril – giving all leaseholders inexpensive, comprehensive flood cover. Cassandra Zanelli, head of PM Legal Services, said: “With flooding in the UK increasing year-on-year, people living on flood plains rely on their home insurance policy to protect their most valuable asset, should it be damaged by rising waters. “Flood Re guards the insurance industry against an unaffordable level of claims while guaranteeing reasonably- priced cover for homeowners. “However, it doesn’t apply to residential blocks in England and Wales with four flats or more. This has left increasing numbers of flat owners uninsured and completely vulnerable, compounding the devastation caused by the flood itself.” 1 st Sure Flats managing director, Paul Robertson, said: “We have effectively streamlined the lease modification process – and have navigated complex FCA regulations as they apply to consumers – to bring a new, much- needed product to the market. “Cassandra Zanelli and PM Legal Services should be commended for the work they have done in collaboration with us to achieve this remedy. Their expertise has been instrumental in helping us to navigate the complexities of the legislation governing the Flood Re scheme.”

Formative year for hlw Keeble Hawson

The 2017 Legal 500 guide reinforces hlw Keeble Hawson’s reputation as a leading regional law firm in Yorkshire offering unrivalled expertise across its commercial and private client practice areas. The Corporate and Commercial department, where the guide says ‘ Partner accessibility has always been a strong point ’, boasts a 16-strong team, led by Roger Dyson, and was named Law Firm of the Year at the Sheffield City Region Dealmakers Awards 2017. Further bolstered by the appointments of award-winning dealmakers Matt Ainsworth and Michael Hall, clients include Pressure Technologies, Horbury Group and UK Steel Enterprise, a subsidiary of TATA Steel. Headed by Richard Smith, named as a leading individual with ‘ all-round expertise which is hard to beat, ’ the firm’s ‘ very strong’ Commercial Property department is applauded along with its Commercial Litigation department which handles matters including contentious IP issues and professional negligence. The Employment department, led by Barry Warne whose experience includes TUPE transfer issues, is likewise recommended with Lauren Pickard, who deals with collective and individual redundancy matters, also mentioned. As a firm renowned for its expertise in handling largescale bankruptcy investigations and liquidations, the guide recognises the Insolvency and Corporate Recovery practice area ‘ for its contentious strengths ’. It also praises Charise Marsden, manager of the Leeds Debt Recovery team as a ‘ next generation lawyer’ who is ‘ brilliant ’ for complex issues. With offices in Sheffield, Doncaster and Leeds, Legal 500 also acknowledges hlw Keeble Hawson’s Sport department. With clients spanning Southampton FC and Chesterfield FC, the team has recently advised two England test cricketers with property acquisitions. Also applauded is the Private Client Department headed by Michele Todd which ‘ conducts itself in an appropriate way by building a caring and trusting relationship with the client ’. The Family Law practice is also lauded for its ‘ high-quality, practical family law advice with a good range of alternative dispute resolution options; it is a natural choice when a collaborative family lawyer is needed’. Vanessa Fox, who heads the team, attracts praise for her ‘broad knowledge of finance and childcare, and for her passion for collaboration; she is efficient, caring and robust’ . The guide includes how she is ably assisted by the ‘always approachable and pragmatic’ Antony Ball in Doncaster. Said hlw Keeble Hawson Managing Partner, Paul Trudgill: “Based on endorsements from our valued clients, the latest Legal 500 guide reflects our standing as a progressive and highly respected firm which remains a driving force across Yorkshire and the East Midlands.”

New education business invests in Yorkshire education firm

A company aiming to become a new platform for businesses in the education recruitment sector has invested in a Yorkshire-based education recruitment agency. Operam Education has been set up by Eddie Austin and Andrew Frome, who will now join Provide Education as chief executive and non-executive chief financial officer respectively. Serial entrepreneur Austin was formerly the managing director at Manchester-based ITN Mark Education and Sugarman Education in London. Founded in 2006 by Katie Buckle and Barry-John Simmons, who will continue in their roles as joint managing directors and shareholders, Provide Education provides supply teachers and other staff to schools and nurseries across Yorkshire, the East Midlands, Greater Manchester and the North East, The transaction was initiated by specialist advisory firm Dow Schofield Watts and funded by a senior debt package from HSBC . Austin said: "Andrew and I are delighted to have invested in Provide Education as the first stage in the development of Operam and as part of facilitating longer-term succession planning for Katie and Barry. "Our vision for Operam is straightforward – to create an attractive platform for the owners of companies in the education recruitment sector, providing them with the necessary guidance and support to drive continued growth and achieve a successful outcome. "A key part of our investment strategy is to retain the entrepreneurial spirit that companies were founded upon, ensuring staff remain incentivised and recognise the opportunity that being part of Operam offers them." Buckle and Simmons added: "We are very pleased to be welcoming Eddie and Andrew into Provide Education as part of the next stage in the company’s evolution. "Operam’s ethos, being a focus on long-term organic growth for the benefit of all parties and in particular our existing employees, is completely aligned with ours." The transaction is the DSW Yorkshire team’s second deal in the recruitment sector in the last three months and was advised by Tony Norwood, Paul Herriott and Matt Thompson. Norwood commented: "This completely collaborative transaction represents a great outcome for all stakeholders and we are delighted to have advised on the deal. "Operam’s highly differentiated offering will undoubtedly help support the succession planning for many smaller and privately owned companies in the sector over the next few years." Rob McCarthy and Jeff Gardner, from the DSW Transaction Services team, completed financial due diligence on the deal. Matt Ainsworth and Russell Bainbridge of HLW Keeble Hawson in Sheffield provided legal advice to Buckle and Simmons with Sean Fitzgerald and Rachel Clarkson of Ward Hadaway in Manchester advising Austin and Frome. Nasim Sharf of Rollits provided legal advice to HSBC Corporate Banking. Russ Cahill, of the Tax Advisory Partnership in Leeds provided tax advice on the deal. Its headquarters are in Barnsley and the business has offices in Brighouse, Worksop and Billingham.

hlw Keeble Hawson acts in management buy in of education recruitment specialist hlw Keeble Hawson’s award-winning corporate team has advised on the management buy in of Provide Education Limited, a Barnsley-headquartered education recruitment agency. The deal is the first for Operam Education Limited, which was launched in 2017 by experienced industry operators Eddie Austin and Andrew Frome and aims to be a ‘buy and build’ platform for businesses in the education recruitment sector. hlw Keeble Hawson partner, Matt Ainsworth and solicitor, Russell Bainbridge, advised Provide Education founders Katie Buckle and Barry-John Simmons, who will continue in their roles as joint managing directors and shareholders as part of the deal. Founded in 2006, Provide Education provides supply teachers and other staff to schools and nurseries across Yorkshire, the East Midlands, Greater Manchester and the North East from its headquarters in Barnsley and offices in Brighouse, Worksop and Billingham. The transaction was initiated by specialist advisory firm Dow Schofield Watts and funded by a senior debt package from HSBC. Eddie Austin, an education sector specialist and ex-managing director at Manchester-based ITN Mark Education and Sugarman Education in London, said: “Andrew and I are delighted to have invested in Provide Education as the first stage in the development of Operam and as part of facilitating longer-term succession planning for Katie and Barry. “Our vision for Operam is straightforward – to create an attractive platform for the owners of companies in the education recruitment sector, providing them with the necessary guidance and support to drive continued growth and achieve a successful outcome. A key part of our investment strategy is to retain the entrepreneurial spirit that companies were founded upon, ensuring staff remain incentivised and recognise the opportunity that being part of Operam offers them.” Buckle and Simmons commented: “We are very pleased to be welcoming Eddie and Andrew into Provide Education as part of the next stage in the company’s evolution. Operam’s ethos, being a focus on long-term organic growth for the benefit of all parties and in particular our existing employees, is completely aligned with ours”. The transaction is the DSW Yorkshire team’s second deal in the recruitment sector in the last three months and was advised by Tony Norwood, Paul Herriott and Matt Thompson. Norwood commented: “This completely collaborative transaction represents a great outcome for all stakeholders and we are delighted to have advised on the deal. Operam’s highly differentiated offering will undoubtedly help support the succession planning for many smaller and privately owned companies in the sector over the next few years”. Rob McCarthy and Jeff Gardner, from the DSW Transaction Services team, completed financial due diligence on the deal Austin and Frome will join Provide Education, as CEO and non-executive CFO respectively.

hlw Keeble Hawson partner, Matt Ainsworth, said: “The combined breadth and depth of expertise of Eddie Austin, Andrew Frome, Katie Buckle and Barry-John Simmons provided a strong foundation for Operam’s dynamic investment strategy and vision and will no doubt accelerate the growth of their exciting offering in the education sector. We are delighted to have played a role in this milestone.” A team from HSBC Corporate Banking, led by Relationship Director Scott Christian, provided the debt package which included a term loan and invoice discounting facilities. Ward Hadaway in Manchester advised Austin and Frome, Rollits provided legal advice to HSBC Corporate Banking and the Tax Advisory Partnership in Leeds provided tax advice on the deal.

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