CPA Bulletin

www.cpa.uk.net CPA Bulletin > November 2020 29 Q&As: 2 We have been asked by one of our customers to provide significant personal data on any personnel we supply to the customer’s site. We feel that what they are asking for is too inquisitive, but we do not want to alienate a valued customer. Can you suggest a compromise? You could contact the customer to ascertain why they require significant personal data, and whether this is reasonable under the circumstances. It may be due to the sensitivity of the site the personnel will be working on, or it could be a blanket request sent to all suppliers, irrespective of their status or relationship with the customer and could concern employees, sub-contractors, agency workers, etc. Subject to any clarification you receive from your customer on the level of information they require, could allow you to adjust the information you provide. So for example, if the individual’s home address/phone number is being requested by the customer, this could instead relate to the company’s work address/phone numbers. Any other information pertaining to the individual could instead be dealt with as ‘Not Applicable’ or left blank. The rights of the individual - under GDPR - always needs to be considered, and if so minded, they can insist that their personal details are not passed on to third parties without their consent, irrespective of any assurances by the customer that the information received will be kept safe and confidential. Any information you supply to the customer is governed by the General Data Protection Regulations (GDPR), and any breach the customer commits in failing to keep that data safe, may be subject to sanctions imposed by the Information Commissioner’s Office (ICO). It is always beneficial to maintain good communication between a supplier and their customers to avoid any unnecessary difficulties. I hope this matter is resolved without any disruption. We were on site for one of our regular clients carrying out a Contract Lift. During the lifting operation the crane slewed, and the jib hit a tree dislodging a branch which fell smashing the crane’s cab window. We have since charged our client for the damage to the window as it needed replacing and they are refusing to pay unless we have anything in writing saying that they are liable. Therefore, we are wondering whether clause 7.2 of the CPA Contract Lifting Services Conditions would cover this? The operation was carried out as a Contract Lift, and from the information provided it appears unlikely that whether you would be able to hold the client liable for the damage to the cab. The lift was planned by your personnel, and unless you state otherwise, were overseeing the lifting operation on site when the incident occurred. It looks as if this incident was caused by operator error and so the client would not be liable unless the client’s personnel had contributed to the incident in some way. Based on information provided, in my opinion clause 7.2 would not apply in this instance. If a third party repairer attends a broken down machine on our behalf whilst the machine is on hire to one of our customers, would the third party repairer be classed as a sub- contractor? No, he would not. The relationship between you and the third party is that he appears to be a service provider, assisting you as and when required, and charging you for work he carries out on your behalf. If he carries out a site visit, then he charges you, and where applicable, you charge the customer. In my opinion the Construction Industry Scheme (CIS) would not apply because the person is not carrying out a construction related activity, he is simply repairing an item of plant. I am currently using the CPA’s Generic Hire Contract Form, and I am unable to amend one key box. I would like to alter the text which begins ‘Dear Sirs…’. The phrase may be a little archaic and suggest ‘Dear Customer…’ should be used instead. I would be grateful if you can make this minor amendment and send me an updated version. The CPA’s Generic Hire Contract Form (HCF) has now been altered to incorporate your suggested wording, and a revised copy has been sent to you. If any member also wishes to receive a copy of the revised HCF, then they should contact David Smith.