In the legal world, one size rarely fits all. Every business has unique challenges, and the agreements and legal frameworks that support them must reflect those specific needs. At Lawpoint, we work closely with businesses to ensure their legal documents are not just compliant but genuinely fit for purpose. Here’s a glimpse into some of the work we’ve been doing recently and why bespoke legal support is so crucial.
Competition Law: Getting Distribution Agreements Right
Drafting a distribution agreement isn’t just about setting out commercial terms—it must also comply with competition law. Some clauses are outright prohibited, while others require a proper analysis of the distribution model and careful structuring to be legally valid. If a distribution agreement contains non-compliant clauses, the consequences can be severe:
The entire agreement or specific provisions may be unenforceable.
The business could face fines of up to 10% of worldwide turnover.
This is why attention to detail and legal expertise are essential—getting it wrong can have significant financial and operational consequences.
Intergroup Services Agreements: More Than Just a Formality
When drafting an agreement between two companies within the same corporate group, it’s easy to assume less detail is needed. However, even in these cases, legal considerations remain crucial. Directors of each company have a duty to act in the best interests of their own entity, meaning the agreement must still reflect fair and appropriate terms. Failing to do so can create governance risks.
Untangling Data Flows: The Devil is in the Detail
We’ve recently worked on mapping out highly complex data flows for a client. This exercise helped the business truly understand where its data was going, allowing them to consolidate this into a clear, visual representation. The benefits of this approach include:
Ensuring compliance with data protection laws (e.g., mapping privacy notice requirements and security obligations against the data flows).
Identifying potential risks and inefficiencies in data handling.
Creating clarity and engagement within the business on how data is managed.
Ensuring compliant data sharing and processing agreements (see below)
A well-mapped data flow isn’t just a compliance tool—it’s a strategic asset that improves governance and decision-making.
Data Sharing Agreements: Avoiding Template Pitfalls
Drafting a data-sharing agreement between businesses requires more than just filling in the blanks of a template. It’s essential that the agreement properly reflects the type of personal data being shared. The Information Commissioner's Office (ICO) expects parties to consider and record their practices regarding shared data at a granular level.
Using a generic template without understanding its implications can lead to agreements that:
Don’t adequately cover the data being shared.
Contain irrelevant provisions that don’t reflect actual practices. (e.g. agreements containing obligations in relation to consent, where consent is not required share the data)
Fail to demonstrate proper data management to regulators like the ICO (Information Commissioner’s Office).
In short, a data-sharing agreement should be tailored to your actual business practices—not just a box-ticking exercise.
Bespoke Legal Support: The Smarter Choice
At Lawpoint, we know that to be genuinely compliant, agreements need to reflect your business. Whether it's competition law, intergroup agreements, data flows, or data-sharing arrangements, or any other agreements, our approach ensures that your legal frameworks are robust, relevant, and genuinely fit for purpose.
If you’d like to discuss how we can support your business, contact Tracey at 01202 729 444 or email tracey@law-point.co.uk.
