Task/assessment brief:
Based on the scenario facts provided answer all the questions set. Please make appropriate reference to legal sources such as Acts, Regulations, and previous case law. All answers ought to be Harvard referenced.
All questions that follow are based on the following fictitious business scenario:
Scenario: Xander, Yvonne and Zoe are recent graduates who want to set up their own business. The business will be called XYZ an acronym of their names.
Business Facts: Each person is putting £10,000 into the business. The business will be online only retail for conscious fashion. They aim to penetrate the young fashion market. They have a website. Xander is an IT graduate and has designed and operates the XYZ website. Yvonne and Zoe will run purchasing (Supply chain) and sales.
They will use a unit on city road industrial estate to run the business from. There are no other staff as yet but they know they may need some as the business grows.
Background info:
Xander has a history of debts and financial problems.
Yvonne part owns a farm in West Wales.
Zoe has been storing stock at her house, which she recently inherited from her Grandad.
Question 1: Based on the fictitious business scenario information above, What business structure would you recommend XYZ take, and why?
Reference must be made to appropriate academic literature and ought to make specific reference to the legal implications of the business structure recommended to the 3 key stakeholders. EG their financial liability etc.
(20 Marks approx. = approx. 480 words.)
Question 2: In terms of data protection laws and regulations, state and explain the categories of data held by XYZ (as outlined below).
Ought to include reference to legislation. (20 marks approx. 480 words)
XYZ website holds the following customer data:
Name:
Address:
Date of Birth:
Email address:
Home and Mobile Telephone numbers:
Instagram account info
Gender
Weight
Sexual orientation
Location tracker data (GPS)
Question 3: On November 1st XYZ have a visit from the ICO, the ICO officer informs XYZ that their current security measures are poor. On Nov 3rd XYZ are hacked. All customer data is taken. Several customers have their identities stolen, with loans taken out in their names.
3a) State and explain (with reference to the appropriate Act of parliament / Regulation) the legal definition and meaning of a hack. (10 Marks = 240 words)
3b) Critically consider the hackers, what is the likelihood that they will be brought to justice, and critically consider the issues and barriers preventing successful convictions. (20 Marks = 480 words)
3c) Identify the two breaches that XYZ could be found liable for, including the appropriate legislation / regulation. (10 Marks = 240 words)
3d) What is the most likely outcome for XYZ based on previously decided cases. (These are accessible via action we have taken on ICO.org and www.enforcementtracker.eu. (20 Marks = 480 words) E.G. enforcement orders etc, fines and so on. (If a fine state at what level and why with reference to previously decided cases)
Word count (or equivalent): 2,400 equivalent
This a reflection of the effort required for the assessment. Word counts will normally include any text, tables, calculations, figures, subtitles and citations. Reference lists and contents of appendices are excluded from the word count. Contents of appendices are not usually considered when determining your final assessment grade.