S.H.I.E.L.D. PROGRAMME DETAILS

the transition law S.H.I.E.L.D. PROGRAMME

 

Supporting Home & Independent Enterprises Lawfully Documented (S.H.I.E.L.D.)

 

S.H.I.E.L.D. Stands up for the Compliant Business Owner and the Consumer.

 

Since the inception of the General Data Protection Regulations in 2018 most business now realise that Data protection compliance is a major priority in all commercial enterprises. Everyone in business from a Sole Trader working from Home to a Multinational Company is required to have systems in place to demonstrate their data protection compliance.

NB: There is no National data protection accreditation established to show consumers which businesses are complying with the Data Protection rules and which are not.

Consequently, Transition Law decided to create a voluntary membership scheme which:

1) Promotes good Data Protection practice and includes a Voluntary Code of Practice.

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2) Provides a data base of compliant businesses for people to check, whether they intend to do business with them or purchase their products and services.

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3) Creates an easily recognisable emblem so the public can know which organisations have been awarded S.H.I.E.L.D. Holder status.

4) Is FREE OF CHARGE to join.

Transition Law operates in the Small & Medium Sized Enterprises sector and is focused largely on this type of business but we grant S.H.I.E.L.D Holder status to any and all businesses who can demonstrate compliance and their intention to remain compliant under the various data protection Regulations and legislation.

transition law S.H.I.E.L.D. membership criteria

 

Membership is Free of Charge.

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If your business can satisfy the Membership Criteria, apply TODAY and start enjoying the FREE Member Benefits

 

1) A Member must register with the UK Information Commissioners Office. (unless exempt)

2) A Member must have completed a Data Audit.

 

3) A Member must have written Data Protection policies in place to cover the processing of Personal Data within their business organisation.

4) A Member must have a compliant Privacy Policy displayed on their Website.

transition law S.H.I.E.L.D. application criteria

If your business is compliant under GDPR and Data Protection legislation, you are entitled to S.H.I.E.L.D. membership.

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1) The Membership is Free of charge.

2) Use it to show adherence to the Voluntary Code of Practice.

 

3) Enjoy Unique Member benefits.

 

4) Organise YOUR Free Assessment TODAY.

 

5) Download the Assessment Criteria in the adjacent pdf file.

 

transition law S.H.I.E.L.D. terms of membership

 

Terms and Conditions of Membership and Voluntary Code of Practice as at 1st February 2020.

1) Interpretation

 

a) In these Terms & Conditions of Membership the words listed below shall have the following meanings unless the context otherwise requires:

 

"The Programme" - means The Transition Law S.H.I.E.L.D. Membership Programme.

​"The Member" - means an individual or business who has been approved for Membership.

"Member Benefits" - means a list of services offered to members without charge during the period of their Membership.

"The Website" - means the website and webspace allocated to the URL www.transitionlawshield.com or other URL as decided from time to time by the Management of the Organisation.

"The ICO" - means the UK Information Commissioners Office.

"Membership" - means the period of time, usually 12 months, that a Member remains approved and each subsequent consecutive period of 12 months during the period of this Agreement.

 

b) Where the context so admits the singular shall include the plural and the masculine gender shall include the feminine, and in each case vice versa.

c) References in this Agreement to any statute shall include any statute or statutory provision which amends, extends, consolidates or replaces it from time to time.

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2) Each Member agrees that they will abide by 'The S.H.I.E.L.D. Voluntary Code of Practice' as follows;

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a) During the 12 (twelve) months of their S.H.I.E.L.D. Membership each Member agrees that they will ensure their business conforms the  S.H.I.E.L.D. Voluntary Code of Practice which is contained within Clause 2 (a) - 2 (j) of this agreement.

b) Each Member will maintain the Data Processing practices of their business up to date and in good order and comply with the prevailing Data Protection Regulations.

c) Each Member agrees and understands S.H.I.E.L.D. Membership is granted to those businesses who wish to act in a compliant manner. Membership will be suspended or refused if not already granted to any Member or prospective Member who the Officers of the programme know or suspect does not intend to maintain compliant practices within their business. Membership is designed for adherence to both the letter and the spirit of the Law.

d) Each Member understands that acceptance for Membership of the S.H.I.E.L.D. programme does not imply, warrant or guarantee in any way that their business practices are compliant with GDPR or other Data Protection statute, Regulation or other Law and no culpability or responsibility rests or can be brought to rest in Law with the S.H.I.E.L.D. programme, its Officers or agents.

e) Each Member agrees to do nothing to bring the good name of Transition Law S.H.I.E.L.D. into disrepute and specifically they will notify the Programme management if they become the subject of Enforcement Action or investigation by the Information Commissioners Office. (ICO)

f) Each Member agrees they will use the S.H.I.E.L.D. logo only in relation to promoting their business activity by demonstrating their Data Protection Protocols, in a manner which would be expected by the Management of Transition Law S.H.I.E.L.D.

g) Each Member agrees they will not represent themselves to their Consumers, the General Public or their Suppliers as a compliant business for data protection if they have reasonable grounds to believe that they are not or are no longer compliant under the Regulations.

h) Each Member agrees that nothing in these Terms and Conditions of Membership shall give the Member any rights in respect of any logos trade names or trademarks used by Transition Law or Transition Law S.H.I.E.L.D. beyond their approved use during the term of membership.

i) Each Member agrees their membership shall last for a period of 12 months. Renewed thereafter by agreement of the parties for further and subsequent periods of 12 months.

j) Each Member agrees it is the individual Members responsibility to apply for renewal of their Membership prior to its expiry date in writing and accept that continued membership may be subject to such scrutiny as the management and Officers of the S.H.I.E.L.D. programme may from time to time require.

3) Free Member Benefits

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a) Each member during the period of their Membership is entitled to a number of specific member benefits. The benefits are determined by the management of the programme having negotiated them with professional providers. 

 

b) The member benefits will be advertised as such from time to time and will usually be in place for at least a calendar year. The benefits may be changed without notice. As and when alterations are made to the benefits these Terms and Conditions will be updated accordingly.

c) Member Benefits may be used once per event, incident or query. Currently the Member Benefits are as follows:

i) Telephone Advice Helpline - Up to 15 Minutes conversation regarding Data Protection matters with a S.H.I.E.L.D. telephone adviser.

ii) Compliant Marketing advice - Up to 15 Minutes conversation regarding Data Protection Marketing with a S.H.I.E.L.D. telephone adviser.

iii) Subject Access Request Advice - Up to 15 Minutes conversation regarding Subject Access Requests with a S.H.I.E.L.D. telephone adviser.

iv) Data Breach Response Advice - Up to 15 Minutes conversation regarding Data Breach issues with a S.H.I.E.L.D. telephone adviser.

v) Supplier Audit assistance - Up to 15 Minutes conversation regarding Auditing Suppliers with a S.H.I.E.L.D. telephone adviser.

vi) Competitors Compliance check - 15 Minutes work and opinion regarding a Company's Compliance by a S.H.I.E.L.D. telephone adviser.

d) On termination or suspension of Membership the Member Benefits will cease to be made available to the relevant Member.

​4) Termination

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a) Either party may terminate this Agreement at any time by giving one month’s notice in writing to the other party.

b) Termination of this Agreement without notice may occur where the the management and Officers of the S.H.I.E.L.D. programme know or reasonably suspect that a Member is in breach of these terms and conditions.

c) Upon termination of this Agreement the Member shall discontinue all use of the Company’s Trade Marks and any intellectual property and refrain from reference to the Company’s style or use of any of its logos, Trademarks or Business methodology.

5) The SHIELD Website

a) In return for demonstrating and maintaining their compliant status, the Organisation will provide each Member with a unique page on the Website containing their business details and current Membership status.

b) Access to the website is provided to Members and the Public without charge. Whilst we endeavour to ensure that the content of the website is accurate and up-to-date, we do not make any representations nor give any warranties of any kind (express or implied) with respect to the contents or operation of this website, and any such representations and warranties are expressly excluded.

 

c) This website is made available on the basis that (except in respect of fraud or of death or personal injury caused by our negligence), all liability whatsoever for any losses, claims, actions or damage, whether direct or indirect, arising out of or in connection with your use of this website, or your reliance upon the contents of this website, are excluded to the fullest extent permitted by law including but not limited to any liability for computer service or system failure, access delays or interruption, data non delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorised use of the system arising from “hacking” or otherwise.


d) The Programme does not warrant that use of this website will be uninterrupted and error free. If we discover any typographical, clerical or other error or omission in any page posted on this website then such error shall be subject (as soon as practicable) to correction or deletion (as appropriate) without any liability on our part.


e) The Programme reserves the right to make changes to the Website and these Terms and Conditions at any time without notice. It is the Member's responsibility to revisit this page from time to time and in any event at least Annually, to review this notice. Any revised terms shall take effect as at the date of its posting on the Website.

6) Contact with S.H.I.E.L.D. Members

a) It is an express term of this agreement the that all Members of the S.H.I.E.L.D. Program are entitled to contact S.H.I.E.L.D. Head Office by telephone for Legal Advice regarding Data Protection matters free of charge. The advice will usually consist of a short telephone conversation and response to their enquiry as detailed in Section 3 above.

b) Any additional legal work or visits to a Member's business premises will incur costs at the prevailing rate of fees.

c) Members of S.H.I.E.L.D. agree to be contacted by telephone and email regarding updates to Law and Procedures relating to Data Protection matters and any other matters which in the judgment of the management of S.H.I.E.L.D. would bring value to the client member including Legal information, Notices and Articles regarding Legal Services and Business Protection whether offered by S.H.I.E.L.D. or others.

7) Governing Law


The content of this website, any dispute arising out of this website and your relationship as a Member with us are governed by English law and shall be subject to the exclusive jurisdiction of the English Courts in every particular including interpretation and shall be deemed to have been made within England and Wales and the parties hereby submit to the exclusive jurisdiction of the English Courts.

NB: If you have a query regarding Membership that is not addressed here, please contact the Programme Management by e-mailing us at

shield@transitionlaw.com

Membership terms related to certain Marketing issues.

8) Data Protection related Marketing issues.

i) It is an express term of this agreement that where information or advice is provided to members regarding updating altering changing or otherwise amending their Data Protection policies and procedures and/or associated relevant documents as part of the benefits of their S.H.I.E.L.D. Membership this information will be accompanied by an approximate cost estimate for the  work to be done by Transition Law  of the relevant product or service.

ii) Members in good standing may also receive relevant marketing material approved by the Management team of SHIELD.

ii) Where the recipient member of the information operates as a business form which falls under the definition of an 'Individual Subscriber' for the purposes of the Privacy & Electronic Communications Regulations 2003 (PECR) then this subsection shall be considered as separate to the other Terms and Conditions herein.

iii) As a consequence of the operation of section (ii) above Members who are currently in good standing (i.e. joined or renewed their Membership of S.H.I.E.L.D. within the 12 months immediately preceding the receipt of the information) shall be considered to have specifically opted in to marketing information as described in section (i) above by renewing their membership by replying to their renewal email pursuant to the 'soft Opt in' rule in Regulation 22(3) PECR.

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