SFA E-Zine – The Tuesday Edition
This week we are continuing with our GDPR tip, focusing on 'The six legal bases for processing personal data'.
We also have an article to help you understand public holidays, in particular St Particks day this year. We also have information for start ups and small firms on the €30 million available through Microfinance Ireland, and of course we have our Business Bytes event tomorrow evening that will be providing essential advice for micro businesses, so make sure to book your place now. We also have information in our government support section on PLATO business development programme.
SFA met with Minister Heather Humpreys last week to highlight our key priorities, you can read a summary of the meeting in the article below.
There is a review of the excellent Business Connect event that took place last week, it was a really positive morning for both small and large companies.
As always we have plenty of relevant and training courses for you to avail of, the details of which can be found here.
As always, we’d love to hear from you about any queries you may have, issues you wish to have raised with Government or other stakeholders and your ideas on how we can improve the business environment for us all. Please contact me on tel: 01 605 1602 or e-mail: firstname.lastname@example.org or tweet: @SFA_Irl or visit: www.sfa.ie.
SFA in the media
- SFA Business Connect 01 February
Last week saw our most recent press release issued on 01 February, highlighting that B2B procurement could inject billions into domestic businesses with every percentage point increase injects an additional €1 billion into the domestic economy. The full press release can be found here.
The press release was also covered in Sandyford.com and Businessworld.com
There was also an interview with Dr Peter Brennan, one of the keynote speakers during the procurement panel at Business Connect, on Newstalk the morning of the event.
GDPR – The six legal bases for processing personal data
This week we briefly look at the area of the legal basis for processing personal data. Read on to understand and decide which of the six legal bases may apply to the various data processing activities your business carries out...
Whilst it has always been a requirement under data protection to have a legal basis for processing personal data, under GDPR your business is now required to be accountable for and transparent about your legal basis for processing personal data.
It is important to be aware that there is no one size fits all approach when applying a legal basis to the personal data you process. It very much depends on what you do with the data and understanding what you do with it and why you process it, so that you can select the most appropriate legal basis for your specific data processing requirements.
The six legal bases for processing are set out in Article 6 of the GDPR and your business must apply at least one or more of these when processing personal data:
- Consent: this is where the individual has given clear consent for you to process their personal data for a specific purpose – see last week’s article on consent
- Contract: this is where processing is necessary for a contract you have with the individual or supplier. For example you could use this legal basis for a contract of employment.
- Legal obligation: this is where the processing is necessary for you to comply with the law. This does not include contractual obligations. For example keeping employee records by law could come under this legal basis.
- Vital interests: this relates to the processing that is necessary to protect someone’s life.
- Public task: this could be used in relation to processing that is necessary to perform a task in the public interest or in an official functions, where the task or function has a clear basis in law.
- Legitimate interests: this is where the processing is necessary for your legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.
When choosing your legal basis, be sure that you selected the right one as you cannot change it unless you have a very strong reason. One other new requirement is that you will need to include the legal basis for processing personal data within your privacy notices.
If you are processing special category data (sensitive data) you will need to identify the lawful basis for general processing and an additional condition for processing this type of data. It is important to document and demonstrate why you have selected a specific legal basis for each data processing activity that relates to personal and / or sensitive data.
Next week we will look deeper into privacy notices and what should be included in them. In the meantime you can avail of the GDPR toolkit to conduct your GDPR audit from the SFA website which you can download here.
If you would like more information on GDPR or to discuss your requirements further please contact Helen at SFA on 01 605 1668 or at email@example.com or visit our HR and Employment Law advice section on www.sfa.ie/advice
St Patrick’s Day 2018 – FAQs for this public holiday
There is confusion this year on whether the St Patrick’s Day public holiday entitlement is for Saturday 17 March or Monday 19 March. Read on through our public holiday FAQs what your business should do for this year’s Patrick’s Day public holiday…
Q. We are open on Saturdays. Are our employees, who are scheduled to work that day, entitled to the public holiday?
A. Yes. It is often the case that a bank holiday falls on a Monday, however, Saturday 17 March is the official public holiday and the entitlement is for that day.
Q. We open Monday to Friday. Are our employees entitled to public holiday entitlement?
A. Yes for full time employees, they are entitled to one fifth of the working week for a public holiday. Many businesses are choosing to close on Monday 19 March, but this is not a mandatory requirement. It is however a requirement that full time employees are given their public holiday statutory entitlement for Saturday 17 March.
Q. What are the public holiday entitlements for employees?
A. An employee is entitled to whichever of the following that their employer determines:
a) a paid day off on that day – in this case 17 March
b) a paid day off within a month of that day – this could apply if an employee is required to work Saturday 17 March
c) an additional day of annual leave
d) an additional day’s pay.
Q. Who decides what public holiday benefit is given?
A. The benefit provided is at the employer’s discretion.
Q. When must an employee be advised of the public holiday benefit he/she will receive?
A. The employer has the discretion to decide which type of public holiday benefit will apply to employees. The Act allows an employee to request, not later than 21 days before the public holiday arrives, that the employer selects which of the above options applies to the employee for the upcoming public holiday. Where the employer fails to do so within 14 days of the public holiday, the employee will automatically be entitled to a paid day off on the public holiday.
Q. Are there conditions for qualifying for public holiday benefit?
A. Full time employees have an immediate entitlement to public holiday benefits. Part-time employees must have worked at least 40 hours in the five weeks ending on the day before the public holiday to qualify for public holiday benefit.
Q. How is an employee’s public holiday pay calculated?
A. If the employee works or is normally required to work during any part of the day which is a public holiday, then it could be one of the options below:
1) If the employee’s pay is calculated wholly by reference to a time rate or a fixed rate or salary, the amount paid to the employee for the public holiday is equal to the amount paid to him/her in respect of the normal daily hours last worked by the employee before the public holiday. This payment includes any regular bonus or allowance that does not vary in relation to work done, but excludes any pay for overtime.
2) If the employee’s pay is not calculated by reference to the matters referred to above, (e.g. employees who earn commission or who work on piece or productivity rates), the amount paid to him/her for the public holiday is equal to the average daily pay of the employee (excluding any pay for overtime) calculated over the period of 13 weeks ending immediately before the public holiday. If no time was worked by the employee during that period, the average daily pay is calculated over the 13 weeks ending on the day on which time was last worked by the employee before the public holiday.
Employees who are not normally required to work on the day on which the public holiday falls or if the employee does not work on a day which is a public holiday, then:
3) If the employee’s pay is calculated wholly by reference to a time rate or a fixed rate or salary, the amount paid to the employee for the public holiday is equal to one-fifth of the amount paid to him/her in respect of the normal weekly hours last worked by the employee before the public holiday. This payment includes any regular bonus or allowance that does not vary in relation to work done, but excludes any pay for overtime.
4) If the employee’s pay is not calculated by reference to the matters referred to above, (e.g. employees who earn commission or work on piece or productivity rates) the amount paid to the employee for the public holiday is equal to one-fifth of the average weekly pay (excluding any pay for overtime) of the employee calculated over the period of 13 weeks ending immediately before that public holiday. If no time was worked by the employee during that period, the average weekly pay is calculated over the period of 13 weeks ending on the day on which time was last worked by the employee before that public holiday.
Q. Can an employee be entitled to a public holiday benefit when they are no longer in employment?
A. Yes. If an employee ceases to be employed during the week ending on the day before a public holiday, having worked four weeks proceeding that week, he/she will be entitled to receive pay for the public holiday.
If you would like more information on public holiday entitlements, please contact Helen at SFA on 01 605 1668 or at firstname.lastname@example.org or visit our HR and Employment Law advice section on www.sfa.ie/advice
Microfinance Ireland to make an additional €30 million available to small firms
The European Investment Fund has signed a second agreement with Microfinance Ireland to support 2,100 micro-entrepreneurs.
The European Investment Fund (EIF) has signed a second agreement with Microfinance Ireland (MFI) to support 2,100 micro-entrepreneurs under the European Commission's EU Programme for Employment and Social Innovation (EaSI). The EaSI guarantee, provided by the EIF, will enable MFI to provide an additional €30 million in loans to micro-borrowers including migrants and entrepreneurs over the next five years.
In a record year for the Government funded not-for-profit lender, figures released by Microfinance Ireland (MFI) show that demand for its services continues to grow, with application volumes up 10% in 2017. A record number of 400 loans totalling €5.5 million were approved in 2017, supporting the creation and sustainment of over 1,100 jobs. This brings to 3,952 the number of new jobs supported by MFI through €22.6 million in approved loans to 1,567 businesses since it was established as part of the Government’s Action Plan for Jobs in late 2012.
More information about Microfinance Ireland, including how to apply for an MFI loan, is available here.
Deirdre Parkinson, MFI Head of Marketing and Channels, will speak at the SFA Business Bytes event ‘Prepare for success: Essential advice for new and micro businesses’ this week. The event will take place from 5:30pm on Wednesday, 7 February in the Wood Quay Venue, Dublin 8. It is a free event and is open to SFA members and non-members. Please register your attendance in advance at the link above
SFA Business Connect - Aviva Stadium 01 February
The inaugural Business Connect event took place in the Aviva Stadium last week. The purpose of the morning event was to bring together big and small business' to share their experiences, successes and failures.
The morning started with a discussion on ‘Getting the Contract’ with Dr Peter Brennan from Bid Services, Tom Smith, Head of Procurement at Three, Karl McCann, AIB Merchant Services and Anita Finnegan, Nova Leah. Everyone on the panel shared their experiences from both side of the tender process. Tom spoke to what he looks from in a provider, pricing, ability to scale and to successfully fulfil the contract. Anita on the other hand spoke of her experience as a small company and how they won a major contract, and the steps she has taken to try and reduce the tender process from 12 months to 4 months.
The next session of the morning was on ‘Making your Pitch’ this panel started with a presentation from entrepreneur Sean Gallagher, who drew from his experiences on both sides of the table pitching an idea or business. He spoke about his time on Dragons Den, witnessing great pitches and the disastrous ones also. We then had Barry McLoughlin, Communications Clinic, give the enthralled audience his do and don’t tips for pitching yourself. Did you know that if you have a dry throat you should have still water instead of sparkling, the sparkling water irritates it?! Sean Walsh, Poplar Lines Trading Company spoke to the audience about winning a tender with John Lewis in the UK to provide many of their household products as well as his exclusivity deal with Disney for their merchandise.
The third and final panel of the morning was about how to ‘Collaborate to Innovate’, highlighting the versatility of small companies to react to changes and turn around innovative ideas much more quickly than some of the larger companies who may struggle to bring about change in their organisations. John McQuillan, Travel Tech Labs, spoke about how he has seen a small business create a solution for large organisations in a fraction of the time and being able to win big contacts as a result of their speed and agility. Dave Byrne, Dualtron and Ross Brennan, TCD Innovation also spoke to the room with a key focus for small companies to reward their staff in a time when staff retention is proving difficult for many. It is about ensuring your most innovative team members have the opportunity to grow with you and are recognised for the contribution they make to the company.
During the coffee break and throughout lunch there was a great buzz around the rooms where we had the finalist of the National Small Business Awards exhibiting. People in the room were using this opportunity to network, ask questions and to really see if there were opportunities to grow business both large and small. The SFA asked a series of questions that were posed to the room after each panel. We are in the process of collating the information and look forward to producing a report at the end of the month that will be made available to all who attended and on our website. Now to start planning for next year...
PLATO programme – advice from fellow owner-managers and experienced managers in large companies
Spotlight on the PLATO business development programme, an 18-month programme that brings groups of owner-managers together to support each other as well as receive guidance from large companies. This article provides information on the programme and advice on how to apply.
There are over 80 different government supports available to small businesses but many of them are not well known or understood. Each week in the SFA e-zine, we will profile a different support that could improve your business, giving you information and advice.
PLATO Business Development Programme
An 18-month business development programme that facilitates groups of 12-15 owner-managers meeting monthly, hosted and facilitated by large ‘parent’ companies such as IBM, Pfizer and Paypal. The programme aims to develop the skills of the owner-manager and the success of their business.
Participants can use their group as a sounding board for ideas or as an advisory forum to discuss specific issues in their business. The members of the group decide what issues should be on the agenda.
In addition to group meetings for owner-managers, there are a range of training modules and seminars which are open to all staff members of the participating companies.
The next PLATO programme starts on 11 April 2018.
The aim of PLATO is to help owner-managers to grow their business in a planned way. The programme has been rolled out across Europe and PLATO Dublin already has over 2,000 alumni.
PLATO is funded by the four Dublin Local Enterprise Offices and supported by many of the most prestigious companies in Ireland.
Those who have completed the PLATO programme report:
- Greatly improved management awareness and effectiveness
- Greater business productivity
- Increased turnover and profits
- Increased employment
If you are interested in joining the programme, first submit your company details via the PLATO website. You will be contacted by a member of staff to arrange a meeting to determine your suitability for the programme.
The 80-90 participants in the programme are carefully split into groups of 12-15 (no competing businesses in the same group). Each group meets monthly for three hours. The meetings are held in the premises of PLATO parent companies at a date and time chosen by the group members. They are chaired and facilitated by Group Leaders from the parent companies and a range of business experts are invited as guests.
The cost of the programme is €600 for the 18-month duration.
If you are interested in applying, don’t forget:
- The next PLATO programme starts on 11 April 2018. Places are likely to fill up well in advance of the start date, so apply now.
- The programme is open to companies that have been trading for more than three years and have more than three employees.
- Every effort is made to place participants in a group located close to their business.
- Owner-managers who have completed the PLATO programme can opt to join past participants from other groups in an Advanced Group – either immediately or at a later date.
- More information is available on http://platodublin.ie/
SFA team meets with Minister Heather Humphreys
On 31 January 2018, SFA Chairperson Sue O’Neill together with SFA Director, Sven Spollen-Behrens, and SFA Assistant Director, Linda Barry, met with Minister for Business, Enterprise and Innovation, Heather Humphreys TD.
The meeting centred around the SFA’s key strategic priorities for 2018:
- Small business competitiveness, especially tax competitiveness
- Increase the self-employed Earned Income Tax Credit to equal the PAYE tax credit
- Increase of lifetime limit for CGT Entrepreneur Relief to €15 million
- Reduce Capital Gains Tax from 33% to 20%
- The cost of doing business – insurance costs, rates, minimum wage etc
- Access to talent, staff recruitment and retention
- Access to funding and lending.
In each case, the SFA team explained to Minister Humphreys and her advisors how the issue impacts on small businesses in Ireland.
The SFA delegation also presented the Minister with a copy of the SFA’s ‘Vision for small firms in Ireland’.
The Minister is looking ahead with the SFA, and will stay in close contact on all of the issues affecting small business. If there are issues that you would like us to raise with government on your behalf, contact Sven Spollen-Behrens, SFA Director, on email@example.com or 01 605 1602.
Prepare for success – Essential advice for new and micro businesses **last chance to book**
- 07 February, Wood Quay Venue
Date: 07 February 2018
Venue: Wood Quay Venue, Dublin City Council Civic Offices, Wood Quay, Dublin 8
The SFA Business Bytes events, which are entirely free of charge, offer small businesses access to expert information and advice and an opportunity to network with their peers. The series is supported by Bord Gáis Energy.
- Have you recently started a business?
- Or have you been working alone/in a very small operation and are now thinking about expanding?
There is a lot to consider in this phase of your business. Make the right decisions now and you will have a solid foundation for future success.
This seminar is aimed at those involved in start-ups and businesses in their first three years, as well as anyone involved in a micro-enterprise (less than 10 employees) who is turning their mind to expansion. The SFA is bringing together a range of experts who can support you and your business to achieve your potential.
Training, mentoring and financial supports: Steven O’Gara, Senior Economic Development Officer for Dublin City Council, will outline what the Local Enterprise Offices around the country can offer to new and micro-enterprises, spotlighting both financial and non-financial supports.
Business loans: Deirdre Parkinson, Head of Marketing with Microfinance Ireland, will give participants a rundown of finance options for small business. She will highlight the Microfinance Ireland offering, which is available to businesses that may have difficulty accessing traditional bank finance.
Getting online: SMEs with a website pick up 22 additional jobs or sales per year on average, with a total value of €24,000. IE Domain Registry, the organisation that manages the dot ie namespace, will help you to understand what an effective online presence could add to your business and how to achieve it.
Flexing your strengths: Business psychologist Jane Perry of C Zone Coaching will focus on one of the most important elements of long term success – you, the owner-manager. She will guide you through the skills and strengths you need for this crucial phase of your business.
The event is open to SFA members and non-members. It will last for approximately one hour with an opportunity to network before and after. Refreshments will be provided.
This event is entirely free of charge but you must pre-register.
SFA GDPR Workshop **Save the date**
SFA Annual Conference **Save the date**
- 24 May, UCD Science Centre
March training courses: Project Management, First Aid Response, Employment Law: Discipline and Dismissal, Safety Awareness for Managers
Book now for the SFA training courses available in March 2018. The training is tailored to small businesses: courses are short (up to two days), delivered by trainers with business experience and priced at rates that make it realistic for small firms to participate.
March training courses: Project Management, First Aid Response, Employment Law: Discipline and Dismissal, Safety Awareness for Managers
The SFA has launched its 2018 training brochure, ‘Training that counts’.
Book now for the courses taking place in March 2018:
- Project Management: topics covered include delivering on time and within budget, project close and evaluation and other key PM skills. One-day course, 2 March 2018, Dublin, cost for SFA members €220 – more information and booking here.
- First Aid Response: ensure that you or a staff member is equipped to deal with a medical emergency. One-day course, 9 March 2018, Dublin, cost for SFA members €220 – more information and booking here.
- Employment Law: Discipline and Dismissal: learn to deal confidently and effectively with disciplinary issues up to and including dismissal. One-day course, 16 March 2018, Dublin, cost for SFA members €220 – more information and booking here.
- Safety Awareness for Managers: learn how to integrate health and safety with operational management, including safety statements, risk assessment and accident investigation. One-day course, 27 March 2018, Dublin, cost for SFA members €220 – more information and booking here.
Book your places now at www.sfa.ie/events or find out more about customised training and other options here.