A Privacy Policy is not just for your website

An Insolvency Support Services (ISS) survey of 70 insolvency practitioners’ websites has revealed that only 25% contain any information about the rights of the various parties an insolvency practitioner will routinely process data about during the course of an insolvency engagement: debtors, directors, creditors, employees and other stakeholders.

While 80% of websites contained a privacy policy of sorts, 68% of these privacy policies related only to visitors’ use of the website and information collected about their website usage through cookies.

Most policies were found to be lengthy, generic templates which failed to adopt the “layering” approach recommended by the Information Commissioner’s Office. In one case, the privacy policy was labelled “US” and failed to mention the GDPR regulations at all!

Only 13% of the websites surveyed sought express permission for cookies and explained both the privacy policy in relation to the website and in relation to data held by the practice in connection with insolvency appointments.

Alison Curry, a director of ISS, commented: “These findings might not mean that practitioners are falling down in their GDPR obligations. They may be supplying the necessary information within privacy notices that are distributed by email or in hard copy during the course of insolvency proceedings. However, even if that is the case, these firms are missing an opportunity to make this information readily available at nominal additional cost and inconvenience, by placing it on their website. Of more concern would be if practitioners are failing to provide the relevant data subjects with an appropriate privacy notice, explaining their rights, the insolvency practitioner’s lawful basis for processing and the retention and destruction policies adopted by the practice.”

Do you have all the GDPR documentation that your firm needs in order to comply fully with the new legislation, both online and offline? ISS can assist you with insolvency-specific, layered, GDPR documents; including a full suite of policies, procedures and notices, which can be easily customised for use in your firm.

Was your firm surveyed? If you would like to know if yours was one of the firms surveyed, please get in touch for a no-obligation chat about our findings.

For further details, call 0845 6017570 or email enquiries@insolvencysupportservices.com

Research note:

Insolvency Support Services’ review surveyed the websites of 70 insolvency practitioners in London and South East England at the end of September 2018. Our main objective was to assess the extent to which insolvency practitioners’ have published a privacy policy on their website that satisfies GDPR requirements some four months after the new legislation came into force.

Intensive Insolvency CPD / CPE Catch Up Course

Looking to catch up on your CPD? It’s that time of year when we submit our licence applications and sign off that we have fulfilled our CPD obligations.

Join fellow professionals and the ISS Training team for an intensive two days and 12 hours of CPD / CPE in advance of your annual licence renewal.  It is only £495 plus VAT for the two days.

This course will cover key compliance areas for all insolvency professionals and provide optional streams to cater for the types of work your practice undertakes.  Choose the stream that suits your business and development need.  Delivered in a group, interactive format, you will have an opportunity to discuss with peers the issues you’ve encountered in practice and pick the brains of our compliance experts, Eileen Maclean and Alison Curry.

CPD Learning Outcomes

  • Clear and concise guidance to legislative and regulatory requirements governing each area
  • An opportunity to discuss current issues and best practice with fellow professionals
  • 12 hours of bespoke and relevant CPD/CPE to support your annual license renewal

Who should attend

This course is aimed at licenced Insolvency Practitioners and their staff, who are looking for a comprehensive introduction to the subject matter or an update to their technical knowledge and skills.

Speakers

Eileen Maclean MA Hons MIPA MABRP MBA, director of Insolvency Support Services Limited

Alison Curry LLB Hons MIPA, director of Insolvency Support Services Limited

Location and Date

Manchester, 21/22 November, 9.30am to 5.00pm

London, 5/6 December, 9.30am to 5.00pm

Cost

Two day course: £495 + VAT

Fees include all course documentation, lunch and light refreshments

Course Outline

Day 1

Session 1: Know Your Customer:  Systems & Procedures Workshop
How you can improve your firm’s KYC in a cost effective and proportionate way to manage the risks presented by conflicts of interest and the AML regime.

Session 2: SIPs Update
Refresh your knowledge of these key regulatory requirements.

Session 3:
Choose from:

Option A: Current issues in IVAs
Join Alison for an examination of the current regulatory focus and developments in IVA practice.

Or 

Option B: Current issues in MVL
Eileen presents an overview of the particular risks incumbent in MVL work and how these can be effectively managed.

Day 2

Session 1: Understanding Vulnerability
Vulnerability, and particularly the impact of mental health problems, has never been higher profile. Consider what adjustments your business operations require, to assist your clients and avoid adverse PR.

Session 2:
Choose from:

Option A: Bankruptcy Update
Alison leads the discussion on how practice within the Official Receivers is developing and examines the real impacts of bankruptcy on those you assist with their debt situation.

Or

Option B: Sectoral Challenges
With retail failure seldom out of the news, the hospitality sector struggling to recover its footing and the construction industry facing faltering house prices, Eileen will look at some sector-specific challenges faced by UK businesses and the owners and creditors you advise.

Session 3: Data Privacy Workshop
Data privacy cuts across all areas of practice management. Understand what steps you need to take, both as an insolvency professional and as a business person.

 

CPI and CPPI exam success for ISS Training students

ISS Training is delighted to congratulate its CPI and CPPI students on their success in the June 2018 CPI and CPPI exam sitting.  Our students achieved great results, including one distinction and three merits, and we are thrilled that all of their hard work paid off.  Well done, class of 2018!

Enrolment for the 2019 session is now open. For full details of the classes and dates for CPI click here and for CPPI click here.

If you would like to discuss your options, please speak to us at any time on 0845 601 7570 or courses@insolvencysupportservices.com

Announcement regarding Insolvency Support Services (ISS)       

Please note that with effect from 1 July 2018, the business of Insolvency Support Services under the business lines ISS Training, ISS Compliance, ISS Outsourcing and ISS Practice Support has transferred to a new limited company SC601201.  The company previously registered as Insolvency Support Services Limited (SC357810) has changed its name to Dunedin Advisory Limited.

Dunedin Advisory retains responsibility for the Accountant in Bankruptcy contract and remains as a provider of outsourced bankruptcy services.  Formal appointments in the name of Christine Convy and Jenn Stewart, and court reporting duties remain with Dunedin Advisory Limited.  Enquiries regarding any case matters previously dealt with by Insolvency Support Services Limited should now be directed to Dunedin Advisory, contact details for which can be found at https://dunedinadvisory.com

Insolvency Support Services Limited’s new details are as follows:

Registered address: 12 Castle Terrace, Edinburgh, EH1 2DP

Registered number: SC601201

Director: Eileen Maclean

VAT number: 299 2513 64

Customers

All contracts for training services have been assigned to Insolvency Support Services and will be honoured as contracted.   Any sums paid in advance for course bookings made before 1 July 2018 have been transferred to the new company in full.  Cancellation terms and all other terms and conditions of booking are unchanged.

Customers will be contacted individually with details of our new bank account for payments in respect of bookings made on or after 1 July 2018.

Suppliers

All invoices in relation to supplies to Insolvency Support Services Limited from 1 July 2018 onwards should be addressed to:

Insolvency Support Services Limited

12 Castle Terrace

Edinburgh

EH1 2PD

and submitted electronically via enquiries@insolvencysupportservices.com.  Standard payment terms are 30 days, unless otherwise agreed.

Continuity of Service

The team at ISS will continue to provide the same breadth and high standards of training, compliance, outsourcing and practice management services that you have come to expect.  We look forward to working with our valued existing customers and new contacts.

If you would like any further information, please contact Eileen Maclean at emm@insolvencysupportservices.com or on 07957 600538.

Are you geared up for your GDPR responsibilities?

Alison Curry reviews the requirements for IPs under Europe’s biggest change to data protection in more than two decades.

Any substantive change to business legislation requires insolvency practitioners to take a dual approach: we must consider both our own business responsibilities and make sure that the legislation permeates our approach to insolvency appointments. And so it is with the General Data Protection Regulation (GDPR).

What does GDPR do?

The data processing regime exists to ensure that the data privacy of EU citizens is protected. It imposes strict safeguards on the use of personal data by businesses and even higher duties where that data is particularly sensitive (or ‘special category’ as it is now called).

Jargon busting

Personal data is classified as any information from which a natural person can be identified directly or indirectly; so the application of GDPR is broad. It includes, for example, the names and addresses of individual creditors, the pay details of employees and the personal details of a company’s directors.

The definition of data processing is similarly wide and includes (among other things) the collection, organisation, storage, alteration, retrieval, use, dissemination and, perhaps most surprisingly, destruction of data.

A data controller is any natural or legal person that determines the purposes and means of processing personal data. That will necessarily include an insolvency practitioner in respect of personal data contained in their case files.

A data processor is a natural or legal person that processes personal data on behalf of a controller. So if you instruct an Employment Rights Act claims handler, for instance, they are likely to be a data processor.

Any processing of the personal data, whether by data controller or data processor, must comply with GDPR. Both data controllers and processors may be joint and severally liable in the case of any breach.

Legal bases

It is a requirement that data may only be processed where one or more of the specified legal bases apply, and these must be specified in advance of the processing commencing. You can specify more than one legal basis, but you cannot change the stated basis of processing once it has been defined.

What do I need to do?

GDPR requires organisations to demonstrate compliance with the principles set out in the legislation. In essence, businesses must demonstrate that the data is: needed; relevant and accurate; held securely and only for as long as is necessary; how and why it is held; and that it is only shared as necessary.

Your business must document what personal data it holds, on what basis and in what capacity, and by whom it will be processed. As a minimum, you will need a data processing register, register of data processors and a data breach register, though ideally, you should consider documented policies to deal with data security and breaches, retention and destruction, subject access requests and processor oversight. If you process sensitive (special category) data, which is likely to be the case, you must also have a documented policy describing your processing.

You must make available privacy notices that are relevant to the various categories of data subjects you encounter (business contacts, advice clients, personal insolvency clients, directors, shareholders, staff members etc), setting out your approach to personal data handing.

GDPR upon appointment

Prior to and upon appointment, you must understand and assess the risks that GDPR presents. Your checklists or work programmes should document GDPR considerations and their potential impact and you should be able to demonstrate that the entity’s current GDPR approach has been assessed, any risks are identified and, wherever possible, minimised.

If the entity’s personal data processing will continue post-appointment, you will need to assess the GDPR risks and ensure that the entity has in place the necessary consents and appropriate controls and policies surrounding its data processing.

If personal data is likely to be transferred as part of a going concern sale, you should check whether that data is transferable and whether consent to transfer has been given or is required, with the benefit of legal advice.

Existing cases

Data subjects may be notified of changes to the relevant privacy policy by way of a link to your website on the next opportunity for communication. It seems you do not need to contact individual data subjects in closed cases, however, you should consider how you will deal with any subject access requests relating to these appointments and satisfy yourself that personal data is securely stored.

Assistance

There is lots of generic advice out there, but little if any of that is insolvency-specific. That’s where we can help. We have designed policy documents for insolvency practitioners, a GDPR checklist for use on appointments and sample privacy notices for the different categories of people that insolvency practitioners will encounter. Our full suite of GDPR documents is available for £1,850 (plus VAT). We can also provide Data Protection Impact Assessment screening, in-house training and support staff training and induction. If you would like to know more about how we can tailor our services to help you meet your GDPR obligations, please contact Alison Curry at ac@insolvencysupportservices.com.

 

Alison Curry is a licensed insolvency practitioner at Insolvency Support Services Ltd, with over 20 years of practice experience, including six years as head of regulatory standards at the Insolvency Practitioners Association.

This article first appeared in Recovery News, the newsletter of R3, the Association of Business Recovery Professionals.

PPI claims in insolvency cases: don’t miss the deadline

We all know that PPI claims have to be made before the deadline of 29 August 2019. What you might not know is that we have a dedicated and experienced team that can efficiently assess and process potential PPI claims arising across your insolvency case portfolio.

Prices, charged only on successful recovery, range from 20% to 25% of recovery (exc VAT) depending on case volumes referred.

If you would like to discuss how we can assist you with residual PPI claims across your cases, please contact Scott Maxwell at sjm@insolvencysupportservices.com or on 01592 323473.

GDPR: practical support for IPs – supporting your business and issues on appointment

One of our recent webinars considered the forthcoming provisions of GDPR and the practical implications for IPs, in terms of our own businesses and those of the insolvent entities to which we are appointed. There is lots of generic advice out there, but little if any that is insolvency-specific. That’s where we can help.

We are designing policy and process documents for insolvency practitioners, a GDPR checklist for use on appointments and sample privacy notices for the different categories of people that insolvency practitioners will encounter. We can also provide bespoke webinars to support regular staff training and induction.

If you would like to know more about how we can help you meet your data processing obligations, please contact Alison Curry at ac@insolvencysupportservices.com

We can offer several options to help meet your specific needs:

  • GDPR checklist on Insolvency Appointment: priced at £500 plus VAT
  • Package of Sample Privacy Notices: priced at £750 plus VAT
    o Employees
    o Directors, shareholders and owners
    o Debtor clients
    o Creditors, book debtors and employees of insolvent entities
    o Marketing and Contacts
  • Package of Sample Policies and Registers: priced at £750 plus VAT
    o Data Processing Registers for Insolvency Practices
    o Data Breach Register
    o Sample Policies:
    – Employees (IP practice staff)
    – Confidentiality and Data Security
    – Special Category Data
    – Data Security Breach
    – Data Retention and Destruction
    – Subject Access Requests
    – Vulnerable Clients

Or purchase the complete package for £1,850 plus VAT

We can also offer bespoke webinars to support regular staff training and induction from £750 plus VAT.

Please contact Alison Curry at ac@insolvencysupportservices.com to discuss your requirements.

And don’t forget that our GDPR webinar: A practical approach to GDPR for IPs is still available for £50 plus VAT per view. Contact courses@insolvencysupportservices.com to register.

Celebrating International Women’s Day

   

Insolvency Support Services is proud to be celebrating International Women’s Day (8 March 2018).

Today – and every other day of the year – we recognise the vast and vital contribution that our many talented female colleagues and clients make not just to our own business, but also to the insolvency industry throughout the UK.

JIE Success

Steven Wood

 

Insolvency Support Services is delighted to announce that Steven Wood, our senior technical and compliance manager, has passed the Joint Insolvency Exam (JIE) qualification in full. Congratulations to Steven and well done from all of us! Steven’s pass means that our entire senior management team of seven insolvency professionals is JIE qualified.

We also extend our congratulations to our JIE students from Wylie & Bisset, Grant Thornton and MLM Solutions who were successful in their chosen papers.

If you are considering becoming a JIE student, please click here for more information.

Apprenticeships are the business

Kyle ForbesDaniel Philliban

As an employer who supports the Modern Apprenticeships Scheme, Insolvency Support Services is delighted to get behind Scottish Apprenticeship Week (5-8 March 2018).

Two members of our team, Kyle Forbes (left) and Daniel Philliban, are working towards a Modern Apprenticeship in Business Administration with us. They are a great addition to our team and we’re proud to give them a big shout-out during this week of celebrations of the Modern Apprenticeships Scheme.