Data Management

Question 1

Can you tell me three principles of GDPR and the Data Protection Act 2018?

Answer 1

Personal data shall be processed fairly and lawfully, personal data should be gathered lawfully, data shall be adequate, relevant and not excessive, personal data shall be accurate and kept up to date, personal data shall not be kept for longer than is necessary

Question 2

How do you comply with GDPR and the Data Protection Act 2018 in your role?

Answer 2

I check and confirm contact details with clients, I ensure any personal data is securely stored and not released to any third parties

Question 3

Give me an example of how you process and handle confidential information

Answer 3

Any personal information is scanned in and stored in a password protected servers

Question 4

Give me an example of how you ensure that data is kept securely.

Answer 4

In password protected folders, in a locked office in a locked cabinet

Question 5

What do the Privacy and Electronic Communications Regulations 2003 apply to?

Answer 5

It is unlawful to transmit a pre-recorded message for direct marketing purposes, without prior consent

Question 6

What is copyright?

Answer 6

A copyright is a type of intellectual property that gives its owner the exclusive right to copy and distribute a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form.

Question 7

Can it be transferred?

Answer 7

Yes it can, it’s called copyright assignment

Question 8

What is the Freedom of Information Act 2000?

Answer 8

The Freedom of Information Act 2000 is an Act of the Parliament of the United Kingdom that creates a public “right of access” to information held by public authorities. It is the implementation of freedom of information legislation in the United Kingdom on a national level.

Question 9

Can you tell me about the retention of files and the Limitation Act 1980?

Answer 9

The limitation act states that legal action must be brought within 6 years of the issue arrising, therefore businesses have a responsibility to keep documents for this length of time in the event that a legal claim is submitted against them

Question 10

Give me an example of a property information tool.

Answer 10

LCC kept all of their information on a system called Civica, prior to this it was a system called Orchard and they both contain details of the tenants as well as information on the property and the repair history. Information is also available on things like Rightmove Plus when there is a need to research property sale information

Question 11

How can good client management reduce conflict?

Answer 11

Because they are aware of issues before they escalate so plans on a way forward can be put in place, because all parties are aware of their roles and responsibilities, they have the opportunity to speak and ask questions, you are aware of the stakeholders and their ability to influence, you have a communication strategy in place

Question 12

Give examples of good payment practices.

Answer 12

Good practice will have clear payment terms in place. Payments will be the correct amount, paid at the correct time to the correct person or place. There should be clear expectations and a method for resolving disputes over payment amounts

Question 13

How can good record keeping avoid conflict?

Answer 13

They provide evidence of agreements or discussions so they help defend against allegations before they escalate. So for example, producing a payment notice on demand can stop a payment dispute escalating

Question 14

How do reporting and proactivity reduce conflict?

Answer 14

Because it helps resolve issues before they escalate to conflict, both parties then have a written record of discussions and agreements to refer back to in the event of an issue. Also proactivity helps as you will push for resolution at an early stage or before an issue has a chance to appear

Question 15

What are the three pillars of dispute resolution? Who introduced these terms? Give examples of each

Answer 15

Negotiation (problem solving efforts of the parties themselves), mediation (a third party invervention does not lead to a binding decision being impossed on the parties) or conciliation and an adjudicative process (the final outcome does impose a binding decision on the parties. They were introduced by someone called Professor Green of Boston University

Question 16

How do mediation and conciliation differ globally?

Answer 16

Difference between Mediation and Conciliation:Mediation it is the process of resolving issues between party where third party assist them in resolving dispute,while in conciliation method in which an expert is appointed to settle dispute between the parties.

Question 17

What is an index map?

Answer 17

Because it is possible to be working with international clients who may have different expectations of the process outcomes. For example in China, mediation is more coercive

Question 18

What is Alternative Dispute Resolution (ADR)?

Answer 18

Alternative dispute resolution, or external dispute resolution, typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes, with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. Common ADR processes include mediation, arbitration, and neutral evaluation. These processes are generally confidential, less formal, and less stressful than traditional court proceedings

Question 19

What is a firewall?

Answer 19

Because it can be significantly cheaper, it is usually quicker and litigation and court action will make the issue public, which many clients may wish to prevent from happening

Question 20

How can you protect electronic data from viruses?

Answer 20

I do this with new clients by checking their name and address, as well as those of the subject property against records to ensure we have not acted for them previously as well as confirming there are no personal relationships

Question 21

What does block chain mean?

Answer 21

If the conflict can be managed then I would discuss this with both parties to see if they wish to proceed, ensuring that this is done in writing. If the conflict is one which can’t be managed then I would decline the work

Question 22

Which records are manually kept in your office and why?

Answer 22

RICS Professional Statement: Conflicts of Interest, global, 1st Edition March 2017

Question 23

What is BIM and how can it be used?

Answer 23

It

Question 24

Explain the growing use of AVMs in the industry.

Answer 24

They are automated valuation models, used to guide property valuations. They are liked by lenders as they remove human element and and inherant bias and enable statistical analysis from a range of data which most valuers will not have. Plus they can be quick and reduce costs for lenders as no inspection is undertaken

Question 25

What AVMs are you aware of?

Answer 25

Some are fully automated, some require certain human inputs in order to achieve an output, some will require a desk review or added comparables, some require a basic inspection. Landmark provide a UK based AVM, as do Homeflow

Question 26

What is ISO 9001?

Answer 26

ISO 9001 is defined asthe international standard that specifies requirements for a quality management system (QMS). Organizations use the standard to demonstrate the ability to consistently provide products and services that meet customer and regulatory requirements.

Question 27

What are the requirements of ISO 9001?

Answer 27

The ISO 9001 standard requires your organisation address seven key areas – also known as clauses – in order to achieve continual improvement within your Quality Management System: Context of the organisation, leadership, planning, support, planning, operation, performance evaluation, improvement

Question 28

Why is quality management important?

Answer 28

It allows a business to stay competitive in the market, to learn from mistakes, drive improvements, retain staff and keep customers

Question 29

What is an Electronic Document Management System (EDMS)?

Answer 29

An electronic document management system (EDMS) isa solution to store, manage, and retrieve documents for authorized users, often providing search functionality, mobile document access, document distribution, and editing functionality.

Question 30

What do you understand by the Civil Evidence Act 1995?

Answer 30

An Act to provide for the admissibility of hearsay evidence, the proof of certain documentary evidence and the admissibility and proof of official actuarial tables in civil proceedings; and for connected purposes.

Question 31

Are electronic signatures accepted by the Land Registry?

Answer 31

Yes but any witness to the signature still needs to be physically present

Question 32

What type of documents can electronic signatures be used for?

Answer 32

Deeds, some contracts, TOE’s, legal documents

Question 33

What is data redundancy?

Answer 33

Data redundancy occurswhen the same piece of data is stored in two or more separate placesand is a common occurrence in many businesses. It can be things like having a clients address stored in two places in a spreadsheet