Claims Portal has made some changes to its User Agreement. The new Agreement is now on the system and all users must ensure that an administrator user clicks to accept the new agreement by 8 October 2018. This is the date when Release 6 will be issued, and from this date users who have not accepted the new Agreement will be unable to access the system without accepting the new Agreement.
Summary of changes
1. GDPR/Data Protection Act 2018
Most of the substantive changes to the agreement relate to the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA).
Definitions
The definition of Data Protection Regulations has been updated.
There is a new definition: Data Subject Access Request.
Data and Data Protection
Section 12 of the old agreement is Section 5 of the new agreement and has been substantially amended with a view to clarifying the respective obligations of CPL and Users in relation to GDPR and in particular in relation to data subject requests, both in relation to rights of access to personal data and in relation to rights to rectification or erasure.
5.10 deals with data sharing with the Insurance Fraud Bureau, and this section has been updated to remove any reference to consent.
5.12 requires users to notify CPL of any data protection breach, so that where applicable CPL can comply with its obligations to report a breach to the ICO.
5.13 to 5.17 relate to personal data and data subjects.
In 2.26 (2.1 (n) in the old agreement) the requirement to obtain necessary consents before entering personal data in the Portal has been expanded to include other data subjects (e.g. defendants, witnesses) whose personal data may be entered in the Portal.
8.8 has been introduced to ensure that we are not retaining data indefinitely in user accounts which are no longer in use. A user account which has not been accessed for a period of 12 months will be deleted, along with any claims in the account.
2. Litigants in Person
We have been using a separate User Agreement for the small number of litigants in person who have registered to use the Portal. We have taken this opportunity to incorporate reference to litigants in person in the new User Agreement so that litigants in person can “click to accept” the agreement via the Portal in the same way as other users.
Definitions
The definition of Authorised User/You/Your has been changed. Authorised Users are now either a Representative, i.e. a compensator or a claimant representative (see definition), or a Litigant in Person.
Authorised Users’ Obligations and Undertakings (Section 2)
Now split into Category A Obligations, which apply to all Authorised Users, and Category B Obligations which apply only to Representatives.
Obligations and undertakings have been moved from other sections of the old agreement into this Section.
3. Other changes
The provisions of 2.1(k) of the old agreement have been expanded in 2.14 of the new agreement.
Users will note that, partly because of the creation of Category A and B Obligations and partly for cosmetic reasons, the numbering and layout of the agreement has changed quite substantially and, for example, section 14 of the old agreement has been incorporated in section 4 of the new agreement. However although the ordering of the paragraphs has changed, the content is largely unchanged.
Regards
Tim Wallis
Chair, Claims Portal Ltd
