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The following, short few questions will enable you to gauge your company’s resilience and readiness not just to comply with current and upcoming regulations it will also measure the likely risk exposure as you seek to grow your business and attract new employees and customers.

Question 1

Do you have a shareholder's agreement?
(A shareholders’ agreement regulates the relationship of the owners of the business and regular review enables discussions to take place to check and test expectations and understandings on commitment to the business, its plans and any exit strategies an individual or shareholder group may have).

Question 2

Do all employees and directors have written service contracts/contracts of employment?

Question 3

Are all employees subject to adequate and enforceable confidentiality and intellectual property restrictions?

Question 4

Does the company have a policy and procedures handbook?

Question 5

Are there suitable notice periods in place for any Key People?

Question 6

Is your logo or business name registered?

Question 7

Does your company own your website?
If a separate company produced your website (and / or hosts it) and you didn’t have a written agreement in place confirming the copyright is owned by you on payment of the bill, then the web company will own the copyright. It’s a common misconception that if you paid for it you owned it. Check your agreement with your web company. This can be a major issue in maximising the value and resilience of your business should a sale or investment be considered.

Question 8

Does your website include up to date proxy, cookie and terms of use policies?

Question 9

Have you reviewed your customer data obligations under new regulations coming into force in April 2018? (GDPR)
GDPR is coming in (at the moment) in may 2018

Question 10

Do you have terms for your customers and suppliers that you have had prepared professionally and tailored to your business, and are your purchasing and sales people trained in how to use them?
(NB – copying and pasting a set from the internet and putting them on the back of your invoice is rarely a great idea!)

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