Crab Insight
Vol 2 Issue 6
March 2015


In This Issue

Legal Update
What we are being asked about
Top Tip
Reputation Matters
Reputation Advocates
Reputation Academy
Forthcoming Events
In closing

Dates for your diary:

Special Event - Data Protection
13th March 2015
Hayling Island


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Hello and welcome to the March edition of Crab Insight

This last few weeks we have been dealing with a number of issues relating to contracts and agreements. If there is no written agreement in place then proving what was agreed between the parties after the event is very difficult. This is why we often talk about having robust terms and conditions in place.

On the other hand with a written agreement especially if it has  been signed by both parties leaves little room for manoeuvre. Unless some form of coercion was used then they are legally binding.  

The other issue relates to liability. Remember you are responsible for personal data that you collect, store and dispose of. If you are entrusting this to someone else you are legally required to carry out a level of diligence on them. When downloading some software for example, it is not good enough to just tick the box to say you agree the terms and conditions. At the very least you need to read them, but better download them and keep them for future reference.

If you need some help with data protection it's not too late to book onto our popular Data Protection Workshop on 13th March.

We do hope you enjoy this edition of Crab Insight.

Legal Update


Data Protection

Section 56 of the Data Protection Act, covering enforced subject access requests, comes into force on 10 March 2015.

Enforced subject access requests typically occur when a person wishes to see another individual’s criminal record, but chooses not to use the established legal system.

The change will make it a criminal offence for employers, landlords and other third parties to require individuals to make a subject access request and provide them with the results before offering employment, providing accommodation, or offering other goods, facilities or services.

Electronic Marketing

Electronic marketing, including marketing calls and texts, are covered by the Privacy and Electronic Communications Regulations. The regulations require organisations to have an individual’s consent to make automated marketing calls or send marketing texts to that person. For live marketing calls, the organisation must not contact people that have opted out of receiving them; most commonly by registering with the Telephone Preference Service.

The Information Commissioner can issue monetary penalties of up to £500,000 if marketing calls or messages caused, or had the potential to cause, ‘substantial damage or distress’. With effect from 6th April 2015 this bar is to be removed to make it easier to fine companies who are breaching the regulations.


The Privacy and Electronic Communications Regulations require organisations to provide clear information explaining how cookies are being used on their website so people can then make an informed decision on whether they are happy for non-essential cookies to be placed on their device. The study found that 6% of the UK websites surveyed are still failing to do this. The Information Commissioner is currently writing to these organisations before deciding whether any further action is required.


The UK’s consumer protection and competition authority, the CMA, is going to look at the way businesses use online reviews and endorsements after concerns were raised about their “trustworthiness” and “impartiality”. Read more....

What we are being asked about

Why do I need terms and conditions for my website?

There is no legal requirement to have them in place, however they set out the rules for using your website. It's a smart thing to include as they can limit your liability should a customer take you to court, as well as protect your rights to the content. Considering a court will look at your website terms to determine the contractual terms between you and the customer, you’ll want to take this page seriously enough for it to hold up in court. The specific content included in varies based on your business and website type.  Of course if yours is an e-commerce site you will need terms and conditions to cover the sales.

How can I check to see if I need to register with the Information Commissioner's Office for processing personal information?

Most organisations that process personal data must register with the Information Commissioner unless they are exempt. You can carry out an online self assessment on the Information Commissioner's website.

Top Tip

Please, please, please read contracts and agreements before you sign them. If there is anything you don't understand please ask. Look out particularly for:

  • the total amount you are going to pay,
  • if and under what circumstances you can cancel (termination clauses)
  • assurances about data protection and information security
  • confidentiality clauses
You need to be certain of what you are getting into. Consumers get all sorts of privileges and built in protection. As a business  the courts will expect you to use your negotiating skills to get a fair agreement.

If you need any help remember All you Have To Do Is Ask

Reputation Matters

Flying by the seat of your pants! Reputation Advocate, Steve Afshar of Mindcraft provides some thoughts on the stresses and strains of running a business.

5 Key Steps to help you understand why you maybe experiencing difficulty in your business

  1. Ask yourself the question “What is my business like?” You are looking for a metaphor for your business

  2. Open up the metaphor by observing what is to your left, right, behind and ahead.

  3. Also observe what you are standing on and what is above you

  4. Scribble down a rough drawing of your metaphor

  5. Think of as many idioms for as possible for each direction of your metaphor (Idioms are phrases that relate to the content of the metaphor – See example at the end of this article)

There are many “get rich” tips, tricks and techniques out there, but lots of people see their investment disappear. Why? Read more.....

Reputation Advocates

We are delighted to introduce our Reputation Advocates if you need expert help for your business.

Reputation Advocates, have been audited by Crimson Crab. They have also signed a contractual undertaking to comply with our Code of Conduct and meet the standards in our Ethical Trading Policy. This means that we know they have a great approach to business which reflects the core principles that Crimson Crab stands for. In addition we are confident that they put their clients at the heart of everything they do to provide the best possible service, and will rectify things quickly if they do go wrong. 

If you think that your business would benefit from becoming a Reputation Advocate please get in touch.

Reputation Academy

Crimson Crab's mission is to provide friendly and confidential support to businesses and help develop sensible strategies, tactics and processes to minimise and manage the risks to reputation, time and profitability from trading law.

To find out more please click here.

Forthcoming Events

Special Event - Data Protection doesn't have to be a nightmare! 
All you ever wanted to know about protecting your clients data and were afraid to ask:
  • What is the Data Protection Act?
  • Why protect client's data?
  • What are the obligations and responsibilities for data protection?
  • Are you a data controller or a data processor?
  • The 8 principles of Data Protection
  • What happens if you outsource to a third party?
Date: Friday 13th March 2015
Time: 1 pm - 4 pm
Venue: Northney Farm Tea Rooms Hayling Island.
Cost: £42 per person, 1 free place for Reputation Academy, (including Platinum Reputation Advocates members) with a small charge of £12 towards venue and refreshments.

To book a place on the above events please follow this link or call Wendy on 02392 637190. 

In closing

If there are any issues raised in this issue that you would like to talk to us about in more detail, please don't hesitate to get in touch. 

As always we would love to receive your feedback:
  • What would you like to see more of or less of?
  • Are there any reputational risks that you would like to see covered? 
  • Would you like a Special Event on any particular issue?
You can complete an on-line form, drop us an email or give us a call directly on 023 9263 7190
Please could we ask you to forward this Crab Insight on to anyone you think would benefit from the information. 

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Until next month

Don't worry, be Crabby savvy!!

and take care of your reputation.

Wendy and Rob

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