DATA PROCESSING TERMS OF BUSINESS

Charles Guthrie & Co Legal Ltd

Company number: 07638399

Registered office: Golden Cross House, 8 Duncannon Street, London WC2N 4JF

Charles D Guthrie LLB, TEP – Notary Public, Solicitor

Introduction

These Data Processing Terms (“Terms”) apply to you as a service provider and data processor (“Processor”). They apply whenever you provide services (“Services”) to us, the Notary Business, who act as the data controller.

By accepting materials from us or starting Services (the “Effective Date”), you agree to process our personal data in line with these Terms.

These Terms are a separate agreement. They may also be incorporated by reference into a Services agreement.

1. Definitions

Key terms include:

Affiliate – any entity controlling, controlled by, or under common control with a party.
Data Protection Law – all applicable data privacy laws, including the GDPR and any replacement or equivalent law.
Client – any client of the Notary Business.
Contractual Clauses – standard EU clauses for cross-border data transfers or any approved alternative.
Notary Business Personal Data – personal data processed by the Processor on behalf of the Notary Business. This may include names and details in client materials.

The words data subject, personal data, processing, controller, and processor have the meanings given in Data Protection Law.

2. Appointment

We are authorised to instruct you on behalf of our clients or affiliates.
You are appointed to process personal data as needed to provide the Services.

3. Duration

These Terms apply from the Effective Date until Services end and all data is returned or securely destroyed.

4. Data Protection Compliance

The Processor must:

Process data only for the Services and follow our instructions.
Inform us if an instruction may breach data law.
Ensure all authorised staff are bound by confidentiality.
Implement appropriate security measures (see Schedule).
Inform us promptly of data subject or regulatory requests.
Assist us in complying with data protection duties.
Delete or return all data when instructed.
Provide information and allow audits to prove compliance.

5. Subprocessors

You may only use a subprocessor with our prior consent.
You must carry out due diligence and contract on equivalent terms.
You must inform us of changes to subprocessors. We may object on reasonable grounds.

6. Security Incidents

A “Security Breach” is any unauthorised loss, disclosure, or access of data.

The Processor must:

Notify us without undue delay of a breach.
Investigate and take steps to mitigate damage.
Follow any additional actions we require.
Not publish notices about a breach without our consent.

7. International Transfers

Data must not leave the EEA (or another restricted area) without our consent.
If transfers occur, approved safeguards such as Contractual Clauses must be in place.

8. Indemnity

The Processor indemnifies us and our clients against losses, claims, or penalties resulting from gross negligence or wilful breach of these Terms.

9. Miscellaneous

Headings are for convenience only.
These Terms override conflicting agreements.
Liability exclusions do not apply where prohibited by law.
Amendments may be required to comply with new laws.
Notices must be in English and in writing.
These Terms are governed by English law. Disputes are subject to the exclusive jurisdiction of the English courts.