Harperjames

Harper James facilitates six figure sale of leading classical music and opera website Director of Legal Strategy and Operations & Head of Corporate Operabase, one of the world's most comprehensive online databases of opera performers, houses and companies has recently been taken over by Danish professional networking platform for classical artists, arts organisations and agents, Truelinked. Founded in 1996 as a means of collating and sharing information on opera performances worldwide, Operabase's catalogue is available in 27 languages and, at its peak, was collecting 25,000 new performances year-on-year. Following a hugely successful 20 years which saw the company grow from being the hobby of the founder, Mike Gibb, to being the go-to platform for opera companies and fans across the globe, the decision to sell the company was made in order to ensure the longevity and expansion of the database continued. The deal, which amounted to a six-figure sum, was facilitated by us and took place in June 2018. Mike Gibb commented: "It has been an amazing journey with Operabase from part-time hobby to successful international resource with the Metropolitan Opera, New York and The Royal Opera House, Covent Garden among over 200 professional clients. "When I was approached by Truelinked with regards to buying the company from me, it just seemed like the right time - Truelinked had the financial backing and manpower to support its continued development, and to free me from the day-to-day tasks involved. "It was an absolute pleasure working with Harper James and the efforts of Partner, Adam Kudryl, were simply herculean! The sale was complicated and made against tight time scales but, with much work and long hours, Adam brought everything to a successful conclusion within the deadline." Our Corporate Partner Adam Kudryl commented: "It was a great to work closely with Mike and I'm delighted that the desired outcome of the sale was achieved and that we were able to reach a favourable agreement with the buyer that resulted in a great deal for Mike. "I'd like to wish Mike best of luck moving forwards and hope that, under Truelinked, the successes of Operabase are continued for years to come." Director of Legal Strategy and Operations & Head of Corporate Having qualified as a solicitor in 2003, Adam has over 20 years' experience in advising businesses on their growth and exit strategies. Adam joined Harper James as a Partner in 2018 and became Head of Corporate in 2022. In Adam's role as Director of Legal Strategy and Operations & Head of Corporate, he is responsible forthe legal services aspects of Harper James and for defining the firm's strategic vision and objectives to achieve our long-term goals, together with our CEO, Toby Harper, and the other senior leaders.

As a Senior Digital Marketing Executive, Amber helps implement, monitor and report marketing initiatives across all digital platforms. With tasks that include improving SEO, creating email marketing campaigns, and designing collateral, amongst other things. Before joining Harper James, Amber has a background in Graphic Design completing a degree in Visual Communication at BCU in 2018. She then took the opportunity to explore new horizons in marketing, completing an apprenticeship where she has now continued to gain more experience in this area. Based in Dudley, Amber enjoys nature & vehicle photography, going to car events and keeping up with any new Disney/Marvel movies.

As a Senior Digital Marketing Executive, Amber helps implement, monitor and report marketing initiatives across all digital platforms. With tasks that include improving SEO, creating email marketing campaigns, and designing collateral, amongst other things. Before joining Harper James, Amber has a background in Graphic Design completing a degree in Visual Communication at BCU in 2018. She then took the opportunity to explore new horizons in marketing, completing an apprenticeship where she has now continued to gain more experience in this area. Based in Dudley, Amber enjoys nature & vehicle photography, going to car events and keeping up with any new Disney/Marvel movies.

Employment law priorities for in-house counsel The link has been copied to your clipboard Okay Article 15 mins read Updated on 5 September 2024 Our subject expert Simon Gilmour Partner and Head of Employment Law As the General Counsel (GC) or sole in-house lawyer of a fast-growing business, we understand you are likely juggling responsibilities across multiple disciplines, including employment law. If employment law is not an area you've specialised in or had much experience of, knowing how to manage some of the higher stake employment matters you're likely to encounter will help position you as a key strategic partner to your leadership team. This guide is designed to help empower you in these areas by highlighting the main priorities to consider. While many tasks that land on your desk are manageable, there will be moments when the complexity or level of risk require specialised expertise. Our employment law solicitors are here to support you in navigating these high-risk situations and help you in your role as a strategic advisor in the leadership team. Every business has a unique workforce composition, varying in size, location, and staffing models. From traditional employees to contractors and agency workers, understanding your company's workforce structure is essential. In the UK, staff may have different categories of employment status . This is a fast-changing area, but for now the categories of staff are: employee, worker or self-employed (eg contractors/consultant/freelancer). Different legal rights apply depending on a staff member's employment status. For example, employees are entitled to the core legal protections, such as the right not to be unfairly dismissed, the right to a statutory redundancy payment, and notice periods. Workers and the self-employed get very few rights in comparison. Employment status also affects how staff are taxed and the liabilities can be costly if you get it wrong. Strategic priorities: Map out your workforce, from senior management to frontline staff, to gain clarity on the different roles, functions, and employment arrangements within your organisation. Work with your HR and procurement teams to make sure the right contracts are being used when onboarding new staff. Conduct a workforce audit to identify potential employment status misclassification risks, including whether IR35 may apply and implement corrective measures. Recruitment and legal risks As a GC, you may need to partner with your HR and recruitment teams on different legal issues that can arise when hiring new staff. One of the key considerations for any GC is making sure company recruitment processes comply with the Equality Act 2010 (EqA). The EqA prohibits discrimination related to protected characteristics such as age, gender, race, and disability. This means that job advertisements, interview processes, and hiring decisions must be carefully managed to avoid claims of discrimination. Additionally, right-to-work checks are a legal requirement in the UK. Employers must verify that all employees have the legal right to work in the UK, and failing to do so can result in substantial fines and damage to the company's reputation. It's also critical to ensure that any pre-employment background checks comply with data protection laws. Strategic priorities: Together with HR teams, develop inclusive recruitment policies . Train staff involved with recruitment on topics such as compliant job advertisements, carrying out background checks and questions to avoid asking candidates during an interview. Check current processes around right to work checks. Immigration rules change quickly - our immigration and employment experts work closely together and can provide alerts to you and your HR and recruitment colleagues. Employment contracts Hiring talented employees comes with enormous benefits, but potential risk too. Depending on their role, employees might be handling commercially sensitive information or creating significant amounts of valuable IP. In a worst-case scenario, they might leave the business for a competitor. A well-drafted employment contract that protects the business from these risks is worth the investment. Alongside all the basic terms such as start date, job title and remuneration, employment contracts should include certain business protection terms, particularly for senior or key employees. This includes well-drafted notice periods, robust definitions of confidential information, terms and conditions around the vesting of employee-created IP, and post-termination restrictions preventing employees from soliciting or dealing with customers and staff after they leave. Template employment contracts are great for efficiency. However, take care to ensure that templates are appropriate for the role or level the business is recruiting for. A basic "off the shelf" contract will rarelyprovide the business with sufficient protection when hiring senior or key employees. Strategic priorities: Work with HR and recruitment teams to audit your current HR templates and employment contracts. Work on a system for choosing which template to use in different hiring scenarios. Review templates and make sure they include core protections for the business. Review a sample of employment contracts at each level of the business, from senior leadership to early career employees. Identify and remedy potential risks in the contracts (eg lack of post-termination restrictions in senior management contracts). Review and update your templates periodically (we recommend annually) so they stay up to date with legal developments. We expect a significant raft of changes in employment law in the coming year and can advise you on the most efficient way to update your documents. Equality laws and discrimination As stated above, the EqA protects employees and workers against discrimination related to protected characteristic such as race, gender, pregnancy and disability. This includes protection against direct and indirect discrimination, harassment, and victimisation. While GCs may not be involved in every people-related decision, it is crucial for them to ensure that company policies and practices are inclusive and non-discriminatory, particularly in areas such as performance management, disciplinaries and grievance, promotion and reward decisions, and employee terminations. As a GC, we understand that your role isn't just about managing individual cases, but about overseeing the bigger picture. This involves monitoring patterns and trends in complaints, grievances, and claims to identify any systemic issues that might indicate underlying cultural problems within the organisation. By fostering collaboration between legal, HR, and senior management, you can help create a workplace culture that promotes inclusivity and minimises the risk of discrimination claims. Failing to address these broader issues can lead to discrimination claims in an employment tribunal, which carry significant financial risks and can become public, potentially damaging the company's reputation. This means it's essential for GCs to take a proactive approach, ensuring that the organisation not only complies with the law but also strives to build a fair and inclusive work environment. Strategic priorities: Monitor trends in staff grievances, exit interviews and claims to identify any patterns or trends that may indicate systemic issues or areas where the company's policies may not be as inclusive as intended. Partner with HR to ensure that all company policies, particularly those related to performance management, disciplinary actions, grievances, promotions and terminations, comply with the Equality Act 2010 and promote inclusivity. Support HR in a programme of training people managers and all staff on equality and diversity, ensuring that everyone is aware of their responsibilities and the importance of maintaining a non-discriminatory workplace. Engage with senior leadership to discuss the importance of an inclusive culture and the potential risks of discrimination claims. Managing executive terminations Dismissing senior executives and business critical employees can be some of the most sensitive and risky people issues you can be involved in as a GC. Alongside legal risks, senior exits often come with significant financial and operational risk, meaning a strategic approach to implementing these exits is needed from the outset. In the UK, senior executives are often employed by the business under detailed employment contracts known as service agreements. These include key terms around notice periods, garden leave, confidentiality, intellectual property, restrictive covenants and remuneration, sometimes including high value benefits such as bonuses and LTIPs, which will all be relevant when dismissing a senior employee. If the senior executive is also a statutory director of the company, the service agreement will include terms relating to their duties as a director, but you will need to approach directorships from a corporate governance perspective too. Before implementing an exit of a senior executive, it's critical the Board is aware of all termination payments and other benefits to which the executive may be entitled on termination. Some businesses may need shareholder approval before making these payments or have market disclosure requirements. A thorough review of the service agreement and accompanying bonus and share plan rules should inform the contractual entitlements. . click apply for full job details

Employment law priorities for in-house counsel The link has been copied to your clipboard Okay Article 15 mins read Updated on 5 September 2024 Our subject expert Simon Gilmour Partner and Head of Employment Law As the General Counsel (GC) or sole in-house lawyer of a fast-growing business, we understand you are likely juggling responsibilities across multiple disciplines, including employment law. If employment law is not an area you've specialised in or had much experience of, knowing how to manage some of the higher stake employment matters you're likely to encounter will help position you as a key strategic partner to your leadership team. This guide is designed to help empower you in these areas by highlighting the main priorities to consider. While many tasks that land on your desk are manageable, there will be moments when the complexity or level of risk require specialised expertise. Our employment law solicitors are here to support you in navigating these high-risk situations and help you in your role as a strategic advisor in the leadership team. Every business has a unique workforce composition, varying in size, location, and staffing models. From traditional employees to contractors and agency workers, understanding your company's workforce structure is essential. In the UK, staff may have different categories of employment status . This is a fast-changing area, but for now the categories of staff are: employee, worker or self-employed (eg contractors/consultant/freelancer). Different legal rights apply depending on a staff member's employment status. For example, employees are entitled to the core legal protections, such as the right not to be unfairly dismissed, the right to a statutory redundancy payment, and notice periods. Workers and the self-employed get very few rights in comparison. Employment status also affects how staff are taxed and the liabilities can be costly if you get it wrong. Strategic priorities: Map out your workforce, from senior management to frontline staff, to gain clarity on the different roles, functions, and employment arrangements within your organisation. Work with your HR and procurement teams to make sure the right contracts are being used when onboarding new staff. Conduct a workforce audit to identify potential employment status misclassification risks, including whether IR35 may apply and implement corrective measures. Recruitment and legal risks As a GC, you may need to partner with your HR and recruitment teams on different legal issues that can arise when hiring new staff. One of the key considerations for any GC is making sure company recruitment processes comply with the Equality Act 2010 (EqA). The EqA prohibits discrimination related to protected characteristics such as age, gender, race, and disability. This means that job advertisements, interview processes, and hiring decisions must be carefully managed to avoid claims of discrimination. Additionally, right-to-work checks are a legal requirement in the UK. Employers must verify that all employees have the legal right to work in the UK, and failing to do so can result in substantial fines and damage to the company's reputation. It's also critical to ensure that any pre-employment background checks comply with data protection laws. Strategic priorities: Together with HR teams, develop inclusive recruitment policies . Train staff involved with recruitment on topics such as compliant job advertisements, carrying out background checks and questions to avoid asking candidates during an interview. Check current processes around right to work checks. Immigration rules change quickly - our immigration and employment experts work closely together and can provide alerts to you and your HR and recruitment colleagues. Employment contracts Hiring talented employees comes with enormous benefits, but potential risk too. Depending on their role, employees might be handling commercially sensitive information or creating significant amounts of valuable IP. In a worst-case scenario, they might leave the business for a competitor. A well-drafted employment contract that protects the business from these risks is worth the investment. Alongside all the basic terms such as start date, job title and remuneration, employment contracts should include certain business protection terms, particularly for senior or key employees. This includes well-drafted notice periods, robust definitions of confidential information, terms and conditions around the vesting of employee-created IP, and post-termination restrictions preventing employees from soliciting or dealing with customers and staff after they leave. Template employment contracts are great for efficiency. However, take care to ensure that templates are appropriate for the role or level the business is recruiting for. A basic "off the shelf" contract will rarelyprovide the business with sufficient protection when hiring senior or key employees. Strategic priorities: Work with HR and recruitment teams to audit your current HR templates and employment contracts. Work on a system for choosing which template to use in different hiring scenarios. Review templates and make sure they include core protections for the business. Review a sample of employment contracts at each level of the business, from senior leadership to early career employees. Identify and remedy potential risks in the contracts (eg lack of post-termination restrictions in senior management contracts). Review and update your templates periodically (we recommend annually) so they stay up to date with legal developments. We expect a significant raft of changes in employment law in the coming year and can advise you on the most efficient way to update your documents. Equality laws and discrimination As stated above, the EqA protects employees and workers against discrimination related to protected characteristic such as race, gender, pregnancy and disability. This includes protection against direct and indirect discrimination, harassment, and victimisation. While GCs may not be involved in every people-related decision, it is crucial for them to ensure that company policies and practices are inclusive and non-discriminatory, particularly in areas such as performance management, disciplinaries and grievance, promotion and reward decisions, and employee terminations. As a GC, we understand that your role isn't just about managing individual cases, but about overseeing the bigger picture. This involves monitoring patterns and trends in complaints, grievances, and claims to identify any systemic issues that might indicate underlying cultural problems within the organisation. By fostering collaboration between legal, HR, and senior management, you can help create a workplace culture that promotes inclusivity and minimises the risk of discrimination claims. Failing to address these broader issues can lead to discrimination claims in an employment tribunal, which carry significant financial risks and can become public, potentially damaging the company's reputation. This means it's essential for GCs to take a proactive approach, ensuring that the organisation not only complies with the law but also strives to build a fair and inclusive work environment. Strategic priorities: Monitor trends in staff grievances, exit interviews and claims to identify any patterns or trends that may indicate systemic issues or areas where the company's policies may not be as inclusive as intended. Partner with HR to ensure that all company policies, particularly those related to performance management, disciplinary actions, grievances, promotions and terminations, comply with the Equality Act 2010 and promote inclusivity. Support HR in a programme of training people managers and all staff on equality and diversity, ensuring that everyone is aware of their responsibilities and the importance of maintaining a non-discriminatory workplace. Engage with senior leadership to discuss the importance of an inclusive culture and the potential risks of discrimination claims. Managing executive terminations Dismissing senior executives and business critical employees can be some of the most sensitive and risky people issues you can be involved in as a GC. Alongside legal risks, senior exits often come with significant financial and operational risk, meaning a strategic approach to implementing these exits is needed from the outset. In the UK, senior executives are often employed by the business under detailed employment contracts known as service agreements. These include key terms around notice periods, garden leave, confidentiality, intellectual property, restrictive covenants and remuneration, sometimes including high value benefits such as bonuses and LTIPs, which will all be relevant when dismissing a senior employee. If the senior executive is also a statutory director of the company, the service agreement will include terms relating to their duties as a director, but you will need to approach directorships from a corporate governance perspective too. Before implementing an exit of a senior executive, it's critical the Board is aware of all termination payments and other benefits to which the executive may be entitled on termination. Some businesses may need shareholder approval before making these payments or have market disclosure requirements. A thorough review of the service agreement and accompanying bonus and share plan rules should inform the contractual entitlements. . click apply for full job details

Shaun is the IT Support and Training Technician for Harper James. He provides technical support, development and implementation of new IT systems alongside providing staff training. Shaun joined Harper James in 2020 and has 20 years experience in IT support and helpdesk management, primarily for The University of Sheffield.Before joining us he managed IT services for a national charity, supporting a remote team of Social Workers, and office based staff, across 5 sites. Outside of work, Shaun is a keen weightlifter and holds multiple qualifications in Strength and Conditioning with Olympic Weightlifting, and is a CrossFit Level 1 trainer.Shaun is also an avid boardgame player and spends weekends navigating various worlds and wonders.

Responsibilities Will assists with a variety of financial tasks, from preparing invoices to responding to finance-related queries across the business. He also supports administrative processes, helping ensure our financial records are accurate and up to date. Qualifications Will studied Business and Finance at college, strengthening his interest in the financial world and building a solid understanding of how organisations operate.

Harper James facilitates six figure sale of leading classical music and opera website Director of Legal Strategy and Operations & Head of Corporate Operabase, one of the world's most comprehensive online databases of opera performers, houses and companies has recently been taken over by Danish professional networking platform for classical artists, arts organisations and agents, Truelinked. Founded in 1996 as a means of collating and sharing information on opera performances worldwide, Operabase's catalogue is available in 27 languages and, at its peak, was collecting 25,000 new performances year-on-year. Following a hugely successful 20 years which saw the company grow from being the hobby of the founder, Mike Gibb, to being the go-to platform for opera companies and fans across the globe, the decision to sell the company was made in order to ensure the longevity and expansion of the database continued. The deal, which amounted to a six-figure sum, was facilitated by us and took place in June 2018. Mike Gibb commented: "It has been an amazing journey with Operabase from part-time hobby to successful international resource with the Metropolitan Opera, New York and The Royal Opera House, Covent Garden among over 200 professional clients. "When I was approached by Truelinked with regards to buying the company from me, it just seemed like the right time - Truelinked had the financial backing and manpower to support its continued development, and to free me from the day-to-day tasks involved. "It was an absolute pleasure working with Harper James and the efforts of Partner, Adam Kudryl, were simply herculean! The sale was complicated and made against tight time scales but, with much work and long hours, Adam brought everything to a successful conclusion within the deadline." Our Corporate Partner Adam Kudryl commented: "It was a great to work closely with Mike and I'm delighted that the desired outcome of the sale was achieved and that we were able to reach a favourable agreement with the buyer that resulted in a great deal for Mike. "I'd like to wish Mike best of luck moving forwards and hope that, under Truelinked, the successes of Operabase are continued for years to come." Director of Legal Strategy and Operations & Head of Corporate Having qualified as a solicitor in 2003, Adam has over 20 years' experience in advising businesses on their growth and exit strategies. Adam joined Harper James as a Partner in 2018 and became Head of Corporate in 2022. In Adam's role as Director of Legal Strategy and Operations & Head of Corporate, he is responsible forthe legal services aspects of Harper James and for defining the firm's strategic vision and objectives to achieve our long-term goals, together with our CEO, Toby Harper, and the other senior leaders.

Shaun is the IT Support and Training Technician for Harper James. He provides technical support, development and implementation of new IT systems alongside providing staff training. Shaun joined Harper James in 2020 and has 20 years experience in IT support and helpdesk management, primarily for The University of Sheffield.Before joining us he managed IT services for a national charity, supporting a remote team of Social Workers, and office based staff, across 5 sites. Outside of work, Shaun is a keen weightlifter and holds multiple qualifications in Strength and Conditioning with Olympic Weightlifting, and is a CrossFit Level 1 trainer.Shaun is also an avid boardgame player and spends weekends navigating various worlds and wonders.

Registering land: How to register land with the Land Registry Article 12 mins read Updated on 15 April 2025 Our subject expert Rachel Jones Partner- Commercial Property If you own or manage property in England and Wales, understanding how to register land with the Land Registry is crucial. Since 1990, registering property has been compulsory, yet even today not all land is properly documented. For developers, property investors, and business owners, registration isn't just about compliance - it's about security, efficiency, and future-proofing your assets. A properly registered title simplifies transactions, protects against ownership disputes, and makes it easier to sell, lease, or develop land. In this guide, our commercial property solicitors break down the key things you need to know about land registration. We'll cover when and why registration is required, the step-by-step process, and how legal expertise can help you avoid costly mistakes. When should you register land with the Land Registry? Compulsory registration For quite some time now in the UK, it has been a legal requirement to register land or property that you've: traded or exchanged with another landowner, also known as 'land swaps' purchased inherited received as a gift mortgaged certain leases - those of more than 7 years rights contained in some leases In other words, if property changes hands or is mortgaged, it must be registered with the Land Registry. Once registered, in general you must continue to inform the Land Registry of any dealings with the land including: changes to the title mortgages leases over seven years any easements affecting the land Failure to do so can have serious consequences on your property ownership and rights. Voluntary registration If you acquired your land or property pre-1990 and have not mortgaged it since, it is likely to be unregistered. In this case, you can choose to register it at any time by making a voluntarily application to the Land Registry. You don't have to wait until you sell or mortgage, and in fact, registering land prior to this makes the process much smoother. Do you need help from a solicitor to register land with the Land Registry? Most conveyancing solicitors will apply to register land that you have purchased as part of their conveyancing service. You may find this referred to as 'post-completion requirements' in your paperwork. This is because we can only make the application on your behalf to the Land Registry once the property purchase has completed. The same applies if you mortgage property - the lender will require the loan to be noted against your property at the Land Registry, also known as a 'charge.' In other situations where a solicitor may not be involved, such as if a family member gifts property to you, or you agree to trade parcels of land with someone you know personally - you must take steps to formally record the transfer of ownership. Asking an experienced commercial property solicitor to handle the Land Registry formalities for you may very well be worth your time. In particular, you will benefit from: Expertise: as conveyancers, we are familiar with the minefield of procedures and processes to register land, which can be difficult to navigate if you haven't done this before. Time-saving: registering land can be a time-consuming process, from gathering all the correct documents to dealing with any questions or concerns raised by the Land Registry. Instructing solicitors to take care of the paperwork means you have the time to focus on your business. Most law firms also have online business accounts with the Land Registry which are quicker than paper applications. ID and certification: as solicitors, we can verify your identity and certify any documents for you. If you handle the process as a private individual, you need to complete additional forms and arrange to certify any documents submitted as part of your application, which are likely to come at a cost. Risk-mitigation: the sheer consequences of getting it wrong may be reason enough to seek the help of a legal professional. If registered incorrectly, there can be all sorts of financial, legal and practical implications, such as: the risk that someone else may claim ownership of the land, also known as 'adverse possession ' errors in the description of the land or ownership of boundaries may result in disputes with neighbours correcting any errors can itself be a lengthy and expensive process, requiring another application to the Land Registry purchasers and lenders are likely to require that you correct any errors on the title before proceeding, which can impact or delay the sale or mortgage Overall, using experienced commercial property solicitors can save you a lot of time, money and effort, and ultimately protect your interest in a valuable asset. Advantages of registering land There are plenty of advantages to registering land, including: registration gives you clear legal title/proof of ownership of the property registration significantly reduces the risk of others claiming they own or have a right to your land (adverse possession claims) you are less likely to be a victim of property fraud ie where your property is fraudulently mortgaged or sold by someone impersonating you registration can help with legal issues that may arise in the future relating to boundary ownership/responsibility the process of selling or financing becomes much simpler and smoother with clear ownership of the land the Land Registry charge a lower fee if you are voluntarily making an application for first registration If you own unregistered property or land and would like peace of mind knowing it has been registered, contact our commercial property solicitors to get started. Registering land for the first time - the process Registering land for the first time at the Land Registry is known as 'first registration'. It is a lengthy and often complex process, so it is wise to get the help of a commercial property solicitor. Below, we summarise the key steps in the process: . 1. Property Information The first step is to provide us with relevant information and paperwork to evidence your property ownership. This includes any change in circumstances since the transfer of the property into your name. The documents to pull together are: any deeds and legal documents you hold relating to the property, whether in your name or the name of previous owners marriage certificate or name deed polls to evidence any change of name death certificates for deceased owners agreements that you have entered into since owning the property such as rights of way or mortgages We will also need to know the approximate value of your property, as this will dictate the Land Registry's fee for dealing with the application. 2. Root of Title We will go through the information supplied by you and pinpoint the 'root of title'. This is a deed, such as a mortgage, transfer or conveyance used as a starting point for a chain of ownership, ending with you as the current owner. If this deed is at least 15 years old (and it was not a gift into your name), then it is considered to be a 'good root of title'. All deeds pre-dating the root of title can be discarded, unless the deed itself refers to any rights or covenants (promises relating to the land) contained in them. If the transfer of the property into your name is less than 15 years old, or it was a gift, then it cannot be used as a good root of title. At this point, we will try to find the deed that transferred the property into the previous owner's name. This process is repeated until a good root of title is located. 3. Land Charges Search We will then carry out a 'land charges search'. This involves searching the Land Registry against all previous owners, to check if any rights may still exist in relation to your property. 4. Application to the Land Registry Once satisfied, we will make an application to the Land Registry for first registration accompanied by: the good root of title any documents referred to in the root of title any relevant marriage or death certificates, mortgage or other legal documents relating to the property land charges search If the deeds do not clearly identify the property, you will also need to commission a Land Registry compliant plan to submit with your application. Registering land without deeds If your land is unregistered and you do not have the deeds, then it may be trickier to establish ownership. Evidence You will need to pull together any information about your land that may support your ownership claim. This could be documents such as: rent receipts letters from your solicitor at the time you acquired the property any general correspondence relating to your acquisition of the land Statutory Declaration Your application needs to be accompanied by a thorough statutory declaration - a written statement of fact confirming that the information within it is true to the best of a person's knowledge. The statement should outline the history of ownership and provide as much detail as possible to evidence that you are the current owner. It needs to be signed in the presence of a solicitor to be valid, which usually costs around £5, plus £2 for every document attached to the declaration. . click apply for full job details

Registering land: How to register land with the Land Registry Article 12 mins read Updated on 15 April 2025 Our subject expert Rachel Jones Partner- Commercial Property If you own or manage property in England and Wales, understanding how to register land with the Land Registry is crucial. Since 1990, registering property has been compulsory, yet even today not all land is properly documented. For developers, property investors, and business owners, registration isn't just about compliance - it's about security, efficiency, and future-proofing your assets. A properly registered title simplifies transactions, protects against ownership disputes, and makes it easier to sell, lease, or develop land. In this guide, our commercial property solicitors break down the key things you need to know about land registration. We'll cover when and why registration is required, the step-by-step process, and how legal expertise can help you avoid costly mistakes. When should you register land with the Land Registry? Compulsory registration For quite some time now in the UK, it has been a legal requirement to register land or property that you've: traded or exchanged with another landowner, also known as 'land swaps' purchased inherited received as a gift mortgaged certain leases - those of more than 7 years rights contained in some leases In other words, if property changes hands or is mortgaged, it must be registered with the Land Registry. Once registered, in general you must continue to inform the Land Registry of any dealings with the land including: changes to the title mortgages leases over seven years any easements affecting the land Failure to do so can have serious consequences on your property ownership and rights. Voluntary registration If you acquired your land or property pre-1990 and have not mortgaged it since, it is likely to be unregistered. In this case, you can choose to register it at any time by making a voluntarily application to the Land Registry. You don't have to wait until you sell or mortgage, and in fact, registering land prior to this makes the process much smoother. Do you need help from a solicitor to register land with the Land Registry? Most conveyancing solicitors will apply to register land that you have purchased as part of their conveyancing service. You may find this referred to as 'post-completion requirements' in your paperwork. This is because we can only make the application on your behalf to the Land Registry once the property purchase has completed. The same applies if you mortgage property - the lender will require the loan to be noted against your property at the Land Registry, also known as a 'charge.' In other situations where a solicitor may not be involved, such as if a family member gifts property to you, or you agree to trade parcels of land with someone you know personally - you must take steps to formally record the transfer of ownership. Asking an experienced commercial property solicitor to handle the Land Registry formalities for you may very well be worth your time. In particular, you will benefit from: Expertise: as conveyancers, we are familiar with the minefield of procedures and processes to register land, which can be difficult to navigate if you haven't done this before. Time-saving: registering land can be a time-consuming process, from gathering all the correct documents to dealing with any questions or concerns raised by the Land Registry. Instructing solicitors to take care of the paperwork means you have the time to focus on your business. Most law firms also have online business accounts with the Land Registry which are quicker than paper applications. ID and certification: as solicitors, we can verify your identity and certify any documents for you. If you handle the process as a private individual, you need to complete additional forms and arrange to certify any documents submitted as part of your application, which are likely to come at a cost. Risk-mitigation: the sheer consequences of getting it wrong may be reason enough to seek the help of a legal professional. If registered incorrectly, there can be all sorts of financial, legal and practical implications, such as: the risk that someone else may claim ownership of the land, also known as 'adverse possession ' errors in the description of the land or ownership of boundaries may result in disputes with neighbours correcting any errors can itself be a lengthy and expensive process, requiring another application to the Land Registry purchasers and lenders are likely to require that you correct any errors on the title before proceeding, which can impact or delay the sale or mortgage Overall, using experienced commercial property solicitors can save you a lot of time, money and effort, and ultimately protect your interest in a valuable asset. Advantages of registering land There are plenty of advantages to registering land, including: registration gives you clear legal title/proof of ownership of the property registration significantly reduces the risk of others claiming they own or have a right to your land (adverse possession claims) you are less likely to be a victim of property fraud ie where your property is fraudulently mortgaged or sold by someone impersonating you registration can help with legal issues that may arise in the future relating to boundary ownership/responsibility the process of selling or financing becomes much simpler and smoother with clear ownership of the land the Land Registry charge a lower fee if you are voluntarily making an application for first registration If you own unregistered property or land and would like peace of mind knowing it has been registered, contact our commercial property solicitors to get started. Registering land for the first time - the process Registering land for the first time at the Land Registry is known as 'first registration'. It is a lengthy and often complex process, so it is wise to get the help of a commercial property solicitor. Below, we summarise the key steps in the process: . 1. Property Information The first step is to provide us with relevant information and paperwork to evidence your property ownership. This includes any change in circumstances since the transfer of the property into your name. The documents to pull together are: any deeds and legal documents you hold relating to the property, whether in your name or the name of previous owners marriage certificate or name deed polls to evidence any change of name death certificates for deceased owners agreements that you have entered into since owning the property such as rights of way or mortgages We will also need to know the approximate value of your property, as this will dictate the Land Registry's fee for dealing with the application. 2. Root of Title We will go through the information supplied by you and pinpoint the 'root of title'. This is a deed, such as a mortgage, transfer or conveyance used as a starting point for a chain of ownership, ending with you as the current owner. If this deed is at least 15 years old (and it was not a gift into your name), then it is considered to be a 'good root of title'. All deeds pre-dating the root of title can be discarded, unless the deed itself refers to any rights or covenants (promises relating to the land) contained in them. If the transfer of the property into your name is less than 15 years old, or it was a gift, then it cannot be used as a good root of title. At this point, we will try to find the deed that transferred the property into the previous owner's name. This process is repeated until a good root of title is located. 3. Land Charges Search We will then carry out a 'land charges search'. This involves searching the Land Registry against all previous owners, to check if any rights may still exist in relation to your property. 4. Application to the Land Registry Once satisfied, we will make an application to the Land Registry for first registration accompanied by: the good root of title any documents referred to in the root of title any relevant marriage or death certificates, mortgage or other legal documents relating to the property land charges search If the deeds do not clearly identify the property, you will also need to commission a Land Registry compliant plan to submit with your application. Registering land without deeds If your land is unregistered and you do not have the deeds, then it may be trickier to establish ownership. Evidence You will need to pull together any information about your land that may support your ownership claim. This could be documents such as: rent receipts letters from your solicitor at the time you acquired the property any general correspondence relating to your acquisition of the land Statutory Declaration Your application needs to be accompanied by a thorough statutory declaration - a written statement of fact confirming that the information within it is true to the best of a person's knowledge. The statement should outline the history of ownership and provide as much detail as possible to evidence that you are the current owner. It needs to be signed in the presence of a solicitor to be valid, which usually costs around £5, plus £2 for every document attached to the declaration. . click apply for full job details

Responsibilities Will assists with a variety of financial tasks, from preparing invoices to responding to finance-related queries across the business. He also supports administrative processes, helping ensure our financial records are accurate and up to date. Qualifications Will studied Business and Finance at college, strengthening his interest in the financial world and building a solid understanding of how organisations operate.

Software Development Agreements: Legal considerations when commissioning custom software Article 7 mins read Updated on 17 December 2024 A well-drafted software development agreement is critical when you're commissioning bespoke software, whether you're rolling out a complex CRM system across a growing business or building a platform as the core of a new product offering. The right software can bring efficiency, innovation, and a competitive edge, but it also carries legal and operational risks. You may face challenges such as unclear timelines, changing requirements, or disputes regarding deliverables and ownership. Unlike standard IT contracts, a custom build needs a legal agreement that reflects the unique features of your project, from your chosen development methodology to how and when the software will be tested and delivered. And it's just as important to understand the developer's position: reviewing the project from the supplier's angle can help you anticipate risks and align expectations early on. For that, it's worth considering our insights on software development contracts from the developer's perspective . Getting this right from the outset helps avoid costly delays and mismatched assumptions. If you're unsure how to structure your contract or need support negotiating with your supplier, our commercial law solicitors can help you create a robust agreement that supports your goals and protects your investment. What makes software development contracts unique? Custom software development contracts are critical when you instruct a supplier to develop bespoke software tailored to your specific needs. Unlike other less tailored IT contracts (such as licences for off-the-shelf software), you'll need robust software development contracts to address detailed development terms and lay out key niche provisions, such as the deliverables and how the development process will work in practice. These contracts can often involve significant negotiation with developers, especially where the technology is business-critical. Choosing the right development approach for your project Software projects are each unique, so contracts don't follow a one-size-fits-all approach. The development methodology (whether Waterfall, Agile, or a mix) will shape the agreement and determine what it needs to include. Waterfall typically follows a structured, step-by-step process. Each phase usually needs to conclude before the next one begins. Agile takes a more flexible approach, where the overall scope and goals are set at the start. Still, the details evolve as the project progresses, meaning there's more room to adjust priorities during development. Agile can come with more uncertainty and risks, making strong contractual protection all the more important. Your agreement should clearly outline the development methodology to prevent misunderstandings about what, when, and how your software will be developed. Some key differences include: Waterfall: Requires the supplier to deliver specific features by fixed dates, with binding acceptance criteria. Agile: Involves ongoing testing during sprints and relies on collaboration, requiring tailored drafting for the development process. Waterfall often employs formal change control processes, whereas Agile allows changes to be made naturally within your product backlog. Agile projects may include roles such as a 'Product Owner' or 'Agile Coach' and methodologies like SCRUM or Kanban. A mismatch between the methodology and the contract can lead to misunderstandings and disputes. For example, an Agile project with a rigid Waterfall contract can result in significant issues. Ensuring your contract accurately reflects the chosen methodology from the outset is crucial. Essential terms to include in your software development agreement Your contract should clearly outline how the project will operate and define specific terms for deliverables, timelines, acceptance, and responsibilities. Your software development agreement should reflect whether your project will follow a Waterfall, Agile or hybrid model, as each comes with its contractual risks and drafting priorities. Terms will differ based on the methodology, but here are some key considerations: Defining clear requirements: Your project's scope must be clearly defined. A Waterfall contract will typically lay out a fixed set of requirements with agreed features and timelines upfront, leaving little room for change. Agile projects, on the other hand, are more fluid, starting with an initial roadmap or 'user stories' and evolving as development progresses. Hybrid approaches may combine elements of both. For Agile, early road mapping can help focus and prioritise features while allowing flexibility as the project unfolds. Payment terms: Understanding what you need to pay and when is critical, especially for high-value projects. Your contract should specify whether payments are based on fixed costs or time-and-materials, and if they are tied to the completion of milestones or sprints. Be cautious of scope creep, as projects can easily exceed their original scope, potentially resulting in unexpected costs. Setting acceptance criteria: It's essential to test the software as it's developed. Your contract should define what will be tested, when, and by whom. Waterfall projects often have predefined criteria agreed upfront, while Agile projects rely on ongoing testing and feedback throughout development. The contract should also outline what happens if the developer fails to meet the criteria, including rights to retesting, refunds, or additional work. Waterfall usually offers clearer remedies, whereas Agile can make it harder to define defects or delays due to its flexible nature. Agreeing on dispute resolution: Disputes can arise in any software project. A clear resolution process can help resolve issues quickly. This is particularly important for Agile projects, where less-detailed requirements can lead to ambiguities, and fast-paced development cycles make swift dispute resolution critical. Termination rights: Your contract should clearly outline your termination rights, providing a clear exit route for specific events. It must also outline what happens to the software, including the transfer of source code and deliverables, in the event of early termination. Negotiating termination without cause can be challenging in Waterfall projects. IP rights: Intellectual property ownership is often a key point of negotiation in custom software development. While you may assume paying for the development gives you automatic ownership, suppliers often prefer to grant you a licence, particularly when their software includes reusable components. If owning the IP is critical to your business operations or competitive advantage, ensure the contract reflects this and covers issues like open-source licences, the developer's 'background IP,' and third-party code. Source code access: Source code is vital, especially for bespoke projects. If you're concerned about the supplier's ability to provide ongoing support, negotiate a software escrow agreement. This ensures you can access the source code under specific circumstances, such as supplier insolvency. Data protection compliance: If your software processes personal data, .ensure the contract includes clauses that comply with data protection laws like UK GDPR . The exact terms will depend on whether you or the supplier acts as a data controller, processor, or both. Failing to address this could leave your business vulnerable to significant penalties. Managing risks to keep your project on track Every software project comes with risks. Addressing them in your contract can help protect your business. Key risk management measures include: IP indemnities to compensate your business if the software infringes third-party rights. Supplier warranties, such as guaranteeing the software is free from defects. Remedies for delays or defects, particularly for Agile projects, where delays can be harder to quantify. Cost control measures to manage unexpected charges. Reviewing limitation of liability clauses to ensure critical breaches, such as IP or data protection failures, are uncapped. Carefully crafted clauses reduce risks and help your project succeed. Typically, a good developer will have its own standard development contracts or terms, which you're likely to find land in your inbox for signature before you start a project. In many cases, you'll start off with their terms rather than negotiate your own development contract from scratch. When reviewing a supplier's legal terms (particularly those of reputable suppliers with strong bargaining power), you may find that a practical approach is best for balancing the protection of your business from risk and facilitating a successful deal. Some key strategies you can consider are the following: Focus on key clauses: Pay close attention to high-risk areas, such as deliverables, timelines, payments, intellectual property rights, and supplier liability. These provisions are crucial to protecting your business, so avoid getting sidetracked by lower-risk issues. Review terms carefully: Take the time to review the supplier's terms thoroughly, even if you're in a rush or eager to proceed. Larger or high-value contracts often involve negotiation, so don't hesitate to push for changes that better suit your needs. Plan ahead . click apply for full job details

Does my business need a data protection officer? Article 6 mins read Updated on 16 February 2023 A lot of the advice we provide around data protection compliance concerns the importance of being able to illustrate the steps you have taken to comply with the data protection regime as it applies to your business. Accountability is one of the key principles of the UK/EU GDPR ("GDPR") and appointing a data protection officer (DPO) that has the relevant knowledge and expertise is one of the ways you can show you are accountable to the individuals whose data you process. Although the GDPR doesn't oblige every business to employ a Data Protection Officer ("DPO"), a good rule of thumb is to assume that you do need a DPO unless you can clearly demonstrate that the GDPR requirements for appointing a DPO don't apply to you. Here we examine the roles and responsibilities of the DPO within an organisation, ask whether you need to appoint one. A common conclusion for many businesses is to outsource the role to a DPO as a service provider to oversee your data protection practices. What is a data protection officer responsible for? A data protection officer (DPO) should be the go-to person for all data protection issues within an organisation. Your staff should be able to rely on the DPO's expertise when data protection issues arise and the general public should be able to contact the DPO directly about the data processing activities of your business. For example, the data protection regulator such as the Information Commissioner's Office (ICO) which is the UK data protection authority will also want to correspond with the DPO. To inform and advise controllers, processors, and employees of their data protection obligations. To monitor GDPR compliance within an organisation, develop staff training and awareness-raising and advise on data protection audits. To liaise with the data protection regulator when necessary and act as a formal contact with the regulator on all issues relating to data processing. A DPO must always bear in mind the risks associated with any processing activities while carrying out their functions. Do I need a data protection officer under GDPR? A DPO helps organisations minimise the risks inherent in processing personal data. With the various sanctions available to the ICO under the GDPR this is more important now than ever before. But many of our clients - particularly some small and medium-sized businesses - think that appointing a DPO is a disproportionate expense when they only handle a small volume of data or when the data they do process is not overly sensitive. Under GDPR you have no choice about appointing a DPO if: You are a public authority. Your core activities require large scale, regular and systematic monitoring of individuals. Your core activities consist of large scale processing of special categories of data or data relating to criminal convictions and offences. To determine your 'core activities' you need to consider whether you need to process personal data in order to meet your primary business objectives. If you do then your processing of data is a core activity requiring you to appoint a data protection officer. 'Special categories' of data include racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic and biometric data, sex life or sexual orientation and health data. Whetheryou need to appoint a DPO under the GDPR does not depend on the size of your business or the number of employees you have. There's no exemption or get-out for SMEs in this regard. What matters is the nature and amount of data you process. Do you have to appoint a DPO if you're not legally obliged to? If the requirements of the GDPR about appointment of a DPO don't apply to your business do you still need to consider employing one? You might not process sensitive information for example, or you may only process the information of a small number of individuals. In these situations, while appointing a DPO might not be necessary you still have to meet all your obligations under GDPR - and a DPO can help you ensure compliance by monitoring regularly, advising staff and increasing awareness within your company of all relevant data security issues. One thing is clear however: if you decide you aren't going to appoint a DPO you should record your reasons for not doing so. This will enable you to defend your decision if asked to do so by the data protection regulators. Who can be a data protection officer? The GDPR doesn't set out any specific qualifications a DPO needs to have. But when recruiting a DPO for your organisation it's important to employ someone with appropriate experience and understanding of data protection law and how it applies to the particular industry sector you operate in. A DPO should have appropriate expertise to deal with the issues raised by the type of data you process, So if you are processing a significant volume of highly sensitive data your DPO should have an advanced understanding of all of the issues likely to arise. Remember too that when engaging a DPO, that person will be your organisation's main contact for the ICO and the public. They should have excellent communication and interpersonal skills and be able to bring all of your staff together in promoting a data secure workplace. Can someone from your existing team be appointed DPO? Yes. You don't necessarily need to hire an external candidate as your DPO. If an employee has the requisite experience and the appointment as DPO wouldn't conflict with other responsibilities, they may have you can redeploy that employee as your DPO. Could you outsource the role of data protection officer? The complexities of GDPR compliance coupled with the potential damage to a business when there is a data breach can make it particularly advantageous to smaller businesses, to outsource the DPO role to a professional services company that specialises in data protection. The mixture of combined experience and expertise from a service company that specialises in data protection will provide additional breadth and depth of practical knowledge to steer your business in the right compliant direction. For companies that use external DPOs, payment of a monthly fee provides the peace of mind that they are GDPR compliant. However, businesses that do outsource the DPO function must remember that the external service company must be given the same role and responsibilities as if your DPO was an employee of the business. External DPOs may also have some form of certification demonstrating they are qualified to act as a DPO. By appointing a DPO, does that make them solely responsible for data protection compliance? Appointment of a DPO does not divest the business owner (the data controller and processor) of responsibility for GDPR compliance. The DPO won't be liable for a breach if one occurs. Instead, the DPO works to minimise the chance of a breach, or help mitigate if there is one, and encourage best data protection practice within your organisation. Ultimately the controller i.e. the business will have responsibility for data protection. What protocols should you put in place to make sure your data protection officer is complying with GDPR? Article 38 of the GDPR imposes an obligation on data controllers and processors within organisations to support data protection officers with sufficient resources to carry out their tasks. This includes ensuring the DPO has access to personal data and processing operations and is facilitated in maintaining their expert knowledge. In practice, to ensure you are adequately supporting the DPO in performing their functions under GDPR you should: Engage the DPO closely in all data protection matters. Provide the DPO with the resources and training needed. Require the DPO to report regularly to the board or similar management group. Ideally the DPO should have direct access to the most senior management when required. Enable the DPO to act independently. Ensure the DPO is not prejudiced for carrying out the role. Remember often the DPO will have to act at arm's length from colleagues and this can give rise to tensions and conflict. Observing protocols like these demonstrates that as a business you take seriously the role of the DPO and data protection compliance generally. About our expert Lillian is an experienced data protection, privacy and AI lawyer, qualified since 2008 (England and Wales). She advises clients on a broad range of matters, from complex data protection issues to strategic compliance with a global perspective, as well as day-to-day operations.

Data Protection Officer Support Services Our Data Protection Officer (DPO) support service is specially designed to help existing DPOs, General Counsels, legal and data protection departments. Compliance with data protection law is no longer negotiable for businesses across the UK. Whether you are a mandated DPO or a designated data protection individual in your business it can be challenging to meet data protection compliance where matters can be time sensitive and resources limited. Our team offer a comprehensive range of services from complex privacy operations to additional day-to-day support. We work closely with you and understand your business objectives, so you can be confident in meeting your data protection compliance requirements. As well as offering support services to in-house DPOs, we can provide a fully outsourced DPO service, offering tiered support to meet the needs of your business. We can assist with: Assessing whether you should appoint a DPO Informing and advising your employees on their data protection obligations Providing bespoke staff training on the key data protection issues that apply to your business Carrying out data protection impact assessments, ahead of large scale projects or when your business processes high risk or sensitive information Assessing your cross-border transfers and ensuring you have the correct safeguard in place Ensuring your business follows ICO guidance and best practice recommendations relating to data retention policies Providing advice and support in relation to data breaches, and assisting with any subsequent investigations Supporting you with managing data subject access requests Devising a monitoring programme, among your staff Benefits of using our services Partnering with us demonstrates that you are committed to taking data protection seriously. Get specialist advice, quickly, when you need it most Your DPO role is specialist in nature. You are the point of contact for all staff when any data protection issues arise internally and the public face of compliance for your organisation. Our lawyers consistently keep up-to-date with the field of data protection and they are used to working with businesses of all kinds across a wide range of industry sectors. When you need it most, it's crucial for you to be able to access the right data protection expertise quickly so you can practically apply the law to your operations. Reduce the risk of data breaches If a data breach occurs, your business may incur sanctions and suffer reputational damage. Our experts can spot potential problem areas and advise on the appropriate action to help limit the risk of breaches from happening or assist in mitigation and liaison with the ICO if necessary. Our team regularly drafts bespoke training and helps implement controls to target and limit the risk across your vulnerable areas. Keep costs to a minimum Many businesses choose to train key staff to carry out the DPO function, but this is expensive and time consuming. We provide practical support, ideal for existing DPOs who require additional support or expertise. Our data protection solicitors offer a cost effective service providing expert knowledge in their field. An objective approach to your data protection issues As external experts we can take an objective, high-level view of the data protection issues facing your business, removing any conflicts of interest, and reducing internal bureaucracy. In practice this means we can assist your different functions to implement a culture of data protection by default and design at the development of any new product or service. Our data protection team advises on all aspects of data protection legislation. In the course of our work, we find many organisations are concerned about their obligations in complying with data protection laws. We help ensure that you have the correct advice on how to maintain compliance with the current legislation. Why work with Harper James Choose a legal partner you can trust: we'll help protect your goals, your business and your people so you can move forward with confidence and focus on growing your business. Clear itemised invoices, subscription plans with up to 50% discount, and fixed fee products help you plan and manage legal spend - with no nasty surprises. Proven track record and measurable results We've supported over 7,000 businesses since 2014, with an 'Excellent' rating on Trustpilot and a Net Promoter Score (NPS) of 60+ from monthly client surveys. Straight-talking, responsive advice We're here to make things easier, not add complexity. That means fast response times, practical expert legal advice delivered in plain English, and dedicated client service and account management support. Risk and compliance assured We're an SRA regulated firm, but more importantly, we build quality, data, and compliance best practice into everything we do. What our clients say When I heard about Harper James's Enable subscription service, it struck me as being a disruptive model and I was really impressed. One of the main things about Harper James is that I actually use our services without hesitation. We've experienced high levels of professionalism with Harper James, and all for a reasonable cost. Nick Thompson MD, DCSL Software Harper James solicitors don't speak in the legalese which I have heard too many times from other solicitors and which is totally unhelpful. What I'm after is focused, considered advice about the specific situations that I face. By which I mean, do you think this is a good idea? Their response might be 'Yes' or 'No'. One word is often all I'm looking for! My solicitor gives a view and I really value that. Tom Davenport MD & Co-Founder, Alvius I've enjoyed working with Harper James Solicitors and we are in good shape thanks to their help. Steve Dunlop CEO, A Million Ads Team Lillian, an experienced data protection solicitor, supports C suites, GCs, and Privacy Offices with domestic and international data protection needs. She specialises in UK compliance, AI governance, and was Group Compliance Officer at a plc listed company. Becky is a highly knowledgeable commercial lawyer, specialising in Data Protection and Privacy Law. She can add value to a business by drawing on nearly 20 years of in house experience. David is a senior commercial solicitor, specialising in technology and data protection. He joins us having worked as in house counsel for the BBC and OUP. Rob worked for Santander bank as an IP/brand management lawyer and also at Shakespeare Martineau. Pricing and service plans Our three transparent service plans are designed to give you the widest possible access to high quality legal advice, whatever the size and nature of your business: Flexible access to senior solicitors at highly competitive rates - an alternative to our subscription plans, offering access to full service legal expertise on a project by project basis. Purpose built legal support for start ups and smaller businesses - monthly subscription plan for £239 per month, with £159 monthly credit and access to all legal services at 50% discount on our Standard Rates. Comprehensive legal partnership for established businesses - fully account managed and scalable annual subscription plan with support from a curated team of partners and senior solicitors, with up to 33% discount on our Standard Rates. Thank you for considering our services. To learn more or to start a conversation, contact us.

Data Protection Officer Support Services Our Data Protection Officer (DPO) support service is specially designed to help existing DPOs, General Counsels, legal and data protection departments. Compliance with data protection law is no longer negotiable for businesses across the UK. Whether you are a mandated DPO or a designated data protection individual in your business it can be challenging to meet data protection compliance where matters can be time sensitive and resources limited. Our team offer a comprehensive range of services from complex privacy operations to additional day-to-day support. We work closely with you and understand your business objectives, so you can be confident in meeting your data protection compliance requirements. As well as offering support services to in-house DPOs, we can provide a fully outsourced DPO service, offering tiered support to meet the needs of your business. We can assist with: Assessing whether you should appoint a DPO Informing and advising your employees on their data protection obligations Providing bespoke staff training on the key data protection issues that apply to your business Carrying out data protection impact assessments, ahead of large scale projects or when your business processes high risk or sensitive information Assessing your cross-border transfers and ensuring you have the correct safeguard in place Ensuring your business follows ICO guidance and best practice recommendations relating to data retention policies Providing advice and support in relation to data breaches, and assisting with any subsequent investigations Supporting you with managing data subject access requests Devising a monitoring programme, among your staff Benefits of using our services Partnering with us demonstrates that you are committed to taking data protection seriously. Get specialist advice, quickly, when you need it most Your DPO role is specialist in nature. You are the point of contact for all staff when any data protection issues arise internally and the public face of compliance for your organisation. Our lawyers consistently keep up-to-date with the field of data protection and they are used to working with businesses of all kinds across a wide range of industry sectors. When you need it most, it's crucial for you to be able to access the right data protection expertise quickly so you can practically apply the law to your operations. Reduce the risk of data breaches If a data breach occurs, your business may incur sanctions and suffer reputational damage. Our experts can spot potential problem areas and advise on the appropriate action to help limit the risk of breaches from happening or assist in mitigation and liaison with the ICO if necessary. Our team regularly drafts bespoke training and helps implement controls to target and limit the risk across your vulnerable areas. Keep costs to a minimum Many businesses choose to train key staff to carry out the DPO function, but this is expensive and time consuming. We provide practical support, ideal for existing DPOs who require additional support or expertise. Our data protection solicitors offer a cost effective service providing expert knowledge in their field. An objective approach to your data protection issues As external experts we can take an objective, high-level view of the data protection issues facing your business, removing any conflicts of interest, and reducing internal bureaucracy. In practice this means we can assist your different functions to implement a culture of data protection by default and design at the development of any new product or service. Our data protection team advises on all aspects of data protection legislation. In the course of our work, we find many organisations are concerned about their obligations in complying with data protection laws. We help ensure that you have the correct advice on how to maintain compliance with the current legislation. Why work with Harper James Choose a legal partner you can trust: we'll help protect your goals, your business and your people so you can move forward with confidence and focus on growing your business. Clear itemised invoices, subscription plans with up to 50% discount, and fixed fee products help you plan and manage legal spend - with no nasty surprises. Proven track record and measurable results We've supported over 7,000 businesses since 2014, with an 'Excellent' rating on Trustpilot and a Net Promoter Score (NPS) of 60+ from monthly client surveys. Straight-talking, responsive advice We're here to make things easier, not add complexity. That means fast response times, practical expert legal advice delivered in plain English, and dedicated client service and account management support. Risk and compliance assured We're an SRA regulated firm, but more importantly, we build quality, data, and compliance best practice into everything we do. What our clients say When I heard about Harper James's Enable subscription service, it struck me as being a disruptive model and I was really impressed. One of the main things about Harper James is that I actually use our services without hesitation. We've experienced high levels of professionalism with Harper James, and all for a reasonable cost. Nick Thompson MD, DCSL Software Harper James solicitors don't speak in the legalese which I have heard too many times from other solicitors and which is totally unhelpful. What I'm after is focused, considered advice about the specific situations that I face. By which I mean, do you think this is a good idea? Their response might be 'Yes' or 'No'. One word is often all I'm looking for! My solicitor gives a view and I really value that. Tom Davenport MD & Co-Founder, Alvius I've enjoyed working with Harper James Solicitors and we are in good shape thanks to their help. Steve Dunlop CEO, A Million Ads Team Lillian, an experienced data protection solicitor, supports C suites, GCs, and Privacy Offices with domestic and international data protection needs. She specialises in UK compliance, AI governance, and was Group Compliance Officer at a plc listed company. Becky is a highly knowledgeable commercial lawyer, specialising in Data Protection and Privacy Law. She can add value to a business by drawing on nearly 20 years of in house experience. David is a senior commercial solicitor, specialising in technology and data protection. He joins us having worked as in house counsel for the BBC and OUP. Rob worked for Santander bank as an IP/brand management lawyer and also at Shakespeare Martineau. Pricing and service plans Our three transparent service plans are designed to give you the widest possible access to high quality legal advice, whatever the size and nature of your business: Flexible access to senior solicitors at highly competitive rates - an alternative to our subscription plans, offering access to full service legal expertise on a project by project basis. Purpose built legal support for start ups and smaller businesses - monthly subscription plan for £239 per month, with £159 monthly credit and access to all legal services at 50% discount on our Standard Rates. Comprehensive legal partnership for established businesses - fully account managed and scalable annual subscription plan with support from a curated team of partners and senior solicitors, with up to 33% discount on our Standard Rates. Thank you for considering our services. To learn more or to start a conversation, contact us.

Does my business need a data protection officer? Article 6 mins read Updated on 16 February 2023 A lot of the advice we provide around data protection compliance concerns the importance of being able to illustrate the steps you have taken to comply with the data protection regime as it applies to your business. Accountability is one of the key principles of the UK/EU GDPR ("GDPR") and appointing a data protection officer (DPO) that has the relevant knowledge and expertise is one of the ways you can show you are accountable to the individuals whose data you process. Although the GDPR doesn't oblige every business to employ a Data Protection Officer ("DPO"), a good rule of thumb is to assume that you do need a DPO unless you can clearly demonstrate that the GDPR requirements for appointing a DPO don't apply to you. Here we examine the roles and responsibilities of the DPO within an organisation, ask whether you need to appoint one. A common conclusion for many businesses is to outsource the role to a DPO as a service provider to oversee your data protection practices. What is a data protection officer responsible for? A data protection officer (DPO) should be the go-to person for all data protection issues within an organisation. Your staff should be able to rely on the DPO's expertise when data protection issues arise and the general public should be able to contact the DPO directly about the data processing activities of your business. For example, the data protection regulator such as the Information Commissioner's Office (ICO) which is the UK data protection authority will also want to correspond with the DPO. To inform and advise controllers, processors, and employees of their data protection obligations. To monitor GDPR compliance within an organisation, develop staff training and awareness-raising and advise on data protection audits. To liaise with the data protection regulator when necessary and act as a formal contact with the regulator on all issues relating to data processing. A DPO must always bear in mind the risks associated with any processing activities while carrying out their functions. Do I need a data protection officer under GDPR? A DPO helps organisations minimise the risks inherent in processing personal data. With the various sanctions available to the ICO under the GDPR this is more important now than ever before. But many of our clients - particularly some small and medium-sized businesses - think that appointing a DPO is a disproportionate expense when they only handle a small volume of data or when the data they do process is not overly sensitive. Under GDPR you have no choice about appointing a DPO if: You are a public authority. Your core activities require large scale, regular and systematic monitoring of individuals. Your core activities consist of large scale processing of special categories of data or data relating to criminal convictions and offences. To determine your 'core activities' you need to consider whether you need to process personal data in order to meet your primary business objectives. If you do then your processing of data is a core activity requiring you to appoint a data protection officer. 'Special categories' of data include racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic and biometric data, sex life or sexual orientation and health data. Whetheryou need to appoint a DPO under the GDPR does not depend on the size of your business or the number of employees you have. There's no exemption or get-out for SMEs in this regard. What matters is the nature and amount of data you process. Do you have to appoint a DPO if you're not legally obliged to? If the requirements of the GDPR about appointment of a DPO don't apply to your business do you still need to consider employing one? You might not process sensitive information for example, or you may only process the information of a small number of individuals. In these situations, while appointing a DPO might not be necessary you still have to meet all your obligations under GDPR - and a DPO can help you ensure compliance by monitoring regularly, advising staff and increasing awareness within your company of all relevant data security issues. One thing is clear however: if you decide you aren't going to appoint a DPO you should record your reasons for not doing so. This will enable you to defend your decision if asked to do so by the data protection regulators. Who can be a data protection officer? The GDPR doesn't set out any specific qualifications a DPO needs to have. But when recruiting a DPO for your organisation it's important to employ someone with appropriate experience and understanding of data protection law and how it applies to the particular industry sector you operate in. A DPO should have appropriate expertise to deal with the issues raised by the type of data you process, So if you are processing a significant volume of highly sensitive data your DPO should have an advanced understanding of all of the issues likely to arise. Remember too that when engaging a DPO, that person will be your organisation's main contact for the ICO and the public. They should have excellent communication and interpersonal skills and be able to bring all of your staff together in promoting a data secure workplace. Can someone from your existing team be appointed DPO? Yes. You don't necessarily need to hire an external candidate as your DPO. If an employee has the requisite experience and the appointment as DPO wouldn't conflict with other responsibilities, they may have you can redeploy that employee as your DPO. Could you outsource the role of data protection officer? The complexities of GDPR compliance coupled with the potential damage to a business when there is a data breach can make it particularly advantageous to smaller businesses, to outsource the DPO role to a professional services company that specialises in data protection. The mixture of combined experience and expertise from a service company that specialises in data protection will provide additional breadth and depth of practical knowledge to steer your business in the right compliant direction. For companies that use external DPOs, payment of a monthly fee provides the peace of mind that they are GDPR compliant. However, businesses that do outsource the DPO function must remember that the external service company must be given the same role and responsibilities as if your DPO was an employee of the business. External DPOs may also have some form of certification demonstrating they are qualified to act as a DPO. By appointing a DPO, does that make them solely responsible for data protection compliance? Appointment of a DPO does not divest the business owner (the data controller and processor) of responsibility for GDPR compliance. The DPO won't be liable for a breach if one occurs. Instead, the DPO works to minimise the chance of a breach, or help mitigate if there is one, and encourage best data protection practice within your organisation. Ultimately the controller i.e. the business will have responsibility for data protection. What protocols should you put in place to make sure your data protection officer is complying with GDPR? Article 38 of the GDPR imposes an obligation on data controllers and processors within organisations to support data protection officers with sufficient resources to carry out their tasks. This includes ensuring the DPO has access to personal data and processing operations and is facilitated in maintaining their expert knowledge. In practice, to ensure you are adequately supporting the DPO in performing their functions under GDPR you should: Engage the DPO closely in all data protection matters. Provide the DPO with the resources and training needed. Require the DPO to report regularly to the board or similar management group. Ideally the DPO should have direct access to the most senior management when required. Enable the DPO to act independently. Ensure the DPO is not prejudiced for carrying out the role. Remember often the DPO will have to act at arm's length from colleagues and this can give rise to tensions and conflict. Observing protocols like these demonstrates that as a business you take seriously the role of the DPO and data protection compliance generally. About our expert Lillian is an experienced data protection, privacy and AI lawyer, qualified since 2008 (England and Wales). She advises clients on a broad range of matters, from complex data protection issues to strategic compliance with a global perspective, as well as day-to-day operations.

Software Development Agreements: Legal considerations when commissioning custom software Article 7 mins read Updated on 17 December 2024 A well-drafted software development agreement is critical when you're commissioning bespoke software, whether you're rolling out a complex CRM system across a growing business or building a platform as the core of a new product offering. The right software can bring efficiency, innovation, and a competitive edge, but it also carries legal and operational risks. You may face challenges such as unclear timelines, changing requirements, or disputes regarding deliverables and ownership. Unlike standard IT contracts, a custom build needs a legal agreement that reflects the unique features of your project, from your chosen development methodology to how and when the software will be tested and delivered. And it's just as important to understand the developer's position: reviewing the project from the supplier's angle can help you anticipate risks and align expectations early on. For that, it's worth considering our insights on software development contracts from the developer's perspective . Getting this right from the outset helps avoid costly delays and mismatched assumptions. If you're unsure how to structure your contract or need support negotiating with your supplier, our commercial law solicitors can help you create a robust agreement that supports your goals and protects your investment. What makes software development contracts unique? Custom software development contracts are critical when you instruct a supplier to develop bespoke software tailored to your specific needs. Unlike other less tailored IT contracts (such as licences for off-the-shelf software), you'll need robust software development contracts to address detailed development terms and lay out key niche provisions, such as the deliverables and how the development process will work in practice. These contracts can often involve significant negotiation with developers, especially where the technology is business-critical. Choosing the right development approach for your project Software projects are each unique, so contracts don't follow a one-size-fits-all approach. The development methodology (whether Waterfall, Agile, or a mix) will shape the agreement and determine what it needs to include. Waterfall typically follows a structured, step-by-step process. Each phase usually needs to conclude before the next one begins. Agile takes a more flexible approach, where the overall scope and goals are set at the start. Still, the details evolve as the project progresses, meaning there's more room to adjust priorities during development. Agile can come with more uncertainty and risks, making strong contractual protection all the more important. Your agreement should clearly outline the development methodology to prevent misunderstandings about what, when, and how your software will be developed. Some key differences include: Waterfall: Requires the supplier to deliver specific features by fixed dates, with binding acceptance criteria. Agile: Involves ongoing testing during sprints and relies on collaboration, requiring tailored drafting for the development process. Waterfall often employs formal change control processes, whereas Agile allows changes to be made naturally within your product backlog. Agile projects may include roles such as a 'Product Owner' or 'Agile Coach' and methodologies like SCRUM or Kanban. A mismatch between the methodology and the contract can lead to misunderstandings and disputes. For example, an Agile project with a rigid Waterfall contract can result in significant issues. Ensuring your contract accurately reflects the chosen methodology from the outset is crucial. Essential terms to include in your software development agreement Your contract should clearly outline how the project will operate and define specific terms for deliverables, timelines, acceptance, and responsibilities. Your software development agreement should reflect whether your project will follow a Waterfall, Agile or hybrid model, as each comes with its contractual risks and drafting priorities. Terms will differ based on the methodology, but here are some key considerations: Defining clear requirements: Your project's scope must be clearly defined. A Waterfall contract will typically lay out a fixed set of requirements with agreed features and timelines upfront, leaving little room for change. Agile projects, on the other hand, are more fluid, starting with an initial roadmap or 'user stories' and evolving as development progresses. Hybrid approaches may combine elements of both. For Agile, early road mapping can help focus and prioritise features while allowing flexibility as the project unfolds. Payment terms: Understanding what you need to pay and when is critical, especially for high-value projects. Your contract should specify whether payments are based on fixed costs or time-and-materials, and if they are tied to the completion of milestones or sprints. Be cautious of scope creep, as projects can easily exceed their original scope, potentially resulting in unexpected costs. Setting acceptance criteria: It's essential to test the software as it's developed. Your contract should define what will be tested, when, and by whom. Waterfall projects often have predefined criteria agreed upfront, while Agile projects rely on ongoing testing and feedback throughout development. The contract should also outline what happens if the developer fails to meet the criteria, including rights to retesting, refunds, or additional work. Waterfall usually offers clearer remedies, whereas Agile can make it harder to define defects or delays due to its flexible nature. Agreeing on dispute resolution: Disputes can arise in any software project. A clear resolution process can help resolve issues quickly. This is particularly important for Agile projects, where less-detailed requirements can lead to ambiguities, and fast-paced development cycles make swift dispute resolution critical. Termination rights: Your contract should clearly outline your termination rights, providing a clear exit route for specific events. It must also outline what happens to the software, including the transfer of source code and deliverables, in the event of early termination. Negotiating termination without cause can be challenging in Waterfall projects. IP rights: Intellectual property ownership is often a key point of negotiation in custom software development. While you may assume paying for the development gives you automatic ownership, suppliers often prefer to grant you a licence, particularly when their software includes reusable components. If owning the IP is critical to your business operations or competitive advantage, ensure the contract reflects this and covers issues like open-source licences, the developer's 'background IP,' and third-party code. Source code access: Source code is vital, especially for bespoke projects. If you're concerned about the supplier's ability to provide ongoing support, negotiate a software escrow agreement. This ensures you can access the source code under specific circumstances, such as supplier insolvency. Data protection compliance: If your software processes personal data, .ensure the contract includes clauses that comply with data protection laws like UK GDPR . The exact terms will depend on whether you or the supplier acts as a data controller, processor, or both. Failing to address this could leave your business vulnerable to significant penalties. Managing risks to keep your project on track Every software project comes with risks. Addressing them in your contract can help protect your business. Key risk management measures include: IP indemnities to compensate your business if the software infringes third-party rights. Supplier warranties, such as guaranteeing the software is free from defects. Remedies for delays or defects, particularly for Agile projects, where delays can be harder to quantify. Cost control measures to manage unexpected charges. Reviewing limitation of liability clauses to ensure critical breaches, such as IP or data protection failures, are uncapped. Carefully crafted clauses reduce risks and help your project succeed. Typically, a good developer will have its own standard development contracts or terms, which you're likely to find land in your inbox for signature before you start a project. In many cases, you'll start off with their terms rather than negotiate your own development contract from scratch. When reviewing a supplier's legal terms (particularly those of reputable suppliers with strong bargaining power), you may find that a practical approach is best for balancing the protection of your business from risk and facilitating a successful deal. Some key strategies you can consider are the following: Focus on key clauses: Pay close attention to high-risk areas, such as deliverables, timelines, payments, intellectual property rights, and supplier liability. These provisions are crucial to protecting your business, so avoid getting sidetracked by lower-risk issues. Review terms carefully: Take the time to review the supplier's terms thoroughly, even if you're in a rush or eager to proceed. Larger or high-value contracts often involve negotiation, so don't hesitate to push for changes that better suit your needs. Plan ahead . click apply for full job details