Colombo School of Construction: Law & Legal Frameworks Assignment

This report, submitted by a student, provides a detailed analysis of the legal and regulatory aspects relevant to quantity surveying practice. It begins by examining contractual relationships between various parties, including clients, main contractors, and subcontractors, within a construction scenario involving a quarry company and a housing project. The report then explores the role of professional and regulatory bodies in construction projects, along with the professional liabilities faced by quantity surveyors. It delves into commercial legislation, payment processing, taxation, and consumer legislation, highlighting the legal requirements that project managers must be aware of. Furthermore, the report evaluates the application of financial laws, including insider trading, company law, and employment legislation. Finally, it addresses the legal requirements for protecting and managing confidential data, including responsibilities for data breaches and the consequences of non-compliance with legal regulations. The report utilizes examples to illustrate key concepts and provides an evaluation of the implications of imposing penalties for non-compliance.

LAW & LEGAL FRAMEWORK F
QUANTITY SURVEYING
Evaluation of Legislative Requirements and data protection in Quantity Surveying Practice
COLOMBO SCHOOL OF CONSTRUCTION TECHNOLOGY
M.G.HARSHA MADHUWANTHA
(CSCT20211589)

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Colombo School of Construction Technology M.G.Harsha Madhuwantha
Unit Code: H/618/1767
Law & Legal Frameworks for Quantity
Surveying
Assignment
Assignment Brief and Feedback Form
Learner name M.G.Harsha Madhuwantha
Student No CSCT20211589
Course title TEC HND in Quantity Surveying
Assessor name Mr. Mahesh Abeynayake
Internal Verifier name Ms. Darshani Amarabandhu
Unit number and title Unit 4- Law & Legal Frameworks for Quantity Surveying
Assignment title Evaluation of Legislative requirements and data protection in
Quantity Surveying Practice
Outcome number(s) and
statement(s) LO1(P1,P2) : LO2 (P3,P4)
Hand Out Date 27/03/2021
Formative Assessment Date 03/04/2021
Submission Date 17/05/2021
Learner declaration
I confirm that the work submitted for this assignment is my own and resource sources are
fully acknowledged.
Learner Signature Date Submitted 06/05/2021
CSCT stamp for Date Receipt of the Assignment

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Topic- Legislative requirements and data protection in Quantity Surveying Practice.
Scenario
XYZ Quarry Company (Pvt) Ltd is a limited liability company and it operates a metal crusher and
ready mix concrete plant in Kurunegala district. The company received the trade license and
Environmental Protection License (EPL) from relevant regulatory authorities. Its dust released to
air in the area. The dust and fume has caused ailments of the lungs of many villagers.
Mother Company of XYZ Quarry Company (Pvt) Ltd is XYZ Construction (Pvt) Ltd. XYZ Builders and
Construction (Pvt) Ltd has started their new Housing Project and they appointed Kamal as their
Project Manager of this new Housing Project.
XYZ Construction (Pvt) Ltd obtained services from another sub-contractor for their said housing
project. Also XYZ Construction (Pvt) Ltd entered in to a contract with Sakura Building Material
Suppliers (Pvt) Ltd” to purchase building materials. As a Project Manager, Kamal is required to
work with many government authorities, organizations as well as related companies. He is
required to handle matters relating to employees working in the project.
Moreover, the Board of Directors passed a resolution to authorize and give access to Kamal (as
the Project manager) to some of information and/or data of the Company and the ongoing
projects in order to facilitate him to carry out his duties effectively. The Board is aware of the fact
that some information is confidential.
You should:
a) Describe contractual relationships among parties including clients, main contractors and
subcontractors based on this scenario
b) Illustrate professional and regulatory bodies engaged in the construction projects and
describe on professional liabilities in QS practice.
c) Analyze commercial legislation, processing of payments and requirements of taxation,
consumer legislation of which Kamal should be aware when he is working with ABC
Building Material Suppliers (pvt) Ltd.
d) Evaluate application of financial laws and regulations including insider trading
legislation, company law, and employment legislation based on above scenario.
e) Describe the legal requirements on Law to protect and manage confidential data in the
Company and responsibilities for breach of confidentiality of data by Kamal. Illustrate
with examples and evaluate and analyze the consequences on imposing penalties on
non-compliance with the legal requirements.

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Methodology
Each student will prepare a report covering all aspects given in the assignment. The document
must be in the form of a word-processed report and can incorporate any sketches or diagrams
to illustrate the answer. The report must have an introduction, body and summary. The
document must contain all references according to the Harvard referencing system.
Learning outcomes and Assessment Criteria
Pass Merit Distinction
LO1 Discuss the legal context of a quantity surveyor
D1 Evaluate the legislative
requirements in maintaining a fair
and equal commercial operation
P1 Describe the contractual
position of a quantity
surveyor
P2 Explain the legal
context of a quantity
surveyor working directly
for a client
M1Analyse the legislation
and regulations that a
quantity surveyor must
comply with in maintaining
a legally neutral position
LO2 Explain the management of confidential data
D2Analyse the consequences of a
data breach and the penalties
that may be incurred
P3 Describe the different
types of confidential data that
must be protected and
secured
P4 Illustrate the different
ways to avoid data breaches
M2 Evaluate a
contract in terms of
what data has to be
secured to comply
with appropriate data
protection laws
Plagiarism, Cheating and Collusion
Plagiarism, cheating or collusion is regarded as a serious
breach of the CSCT academic standards.
Students must carefully read the Academic Rules on Plagiarism, Cheating and
Collusion.
RULES WILL BE STRICTLY ENFORCED

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Grading
Opportunities
Assessment Criteria/Indicative Characteristic Evidence Achieved
(Y / N)
LO1
P1 Describe the contractual position of a quantity surveyor
P2 Explain the legal context of a quantity surveyor working
directly for a client
M1
Analyze the legislation and regulations that a quantity
surveyor must comply with in maintaining a legally neutral
position
D1 Evaluate the legislative requirements in
maintaining a fair and equal commercial operation
LO2
P3 Describe the different types of confidential data that must
be protected and secured
P4 Illustrate the different ways to avoid data
breaches
M2 Evaluate a contract in terms of what data has to be
secured to comply with appropriate data protection laws
D2 Analyse the consequences of a data breach and the
penalties that may be incurred
Assessor Comments
a)
b)
c)
d)
e)

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Criteria Awarded Distinction (D) Merit (M) Pass (P)
Assessed by (name): Mr.Mahesh Abeynayake
Signature: Date Assessed :
Assessment has been internally verified for use.
Internal Verifier
Name : Ms.Darshani Amarabandhu
Signature : Date Verified :

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Acknowledgement
This brings me great pleasure for an opportunity to work & submit this assignment. For this, I
would like to give my deep sense of gratitude & thanks to everyone who gave me their great
support to complete this assignment in success. I am very much thankful to Mr. Mahesha
Abenayaka & Mrs, Buddhini for their constant guidance & valuable encouragement. Finally, I
wish to express my thanks towards my parents & friends for their kind cooperation & unceasing
encouragement which help me in completion of this assignment.

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Introduction
Quantity surveying profession is considered as an important position in construction industry.
This is because Quantity Surveyor required to advice clients with different sections about
procurement, value management, contracts and so many things regarding construction law. Legal
education is no longer exclusive to law students. A qualified Quantity Surveyor must be
adequately trained to advice on all aspects of construction costs, financial and contractual
administration. The contractual position of a quantity surveyor is very important when working
as a client quantity surveyor. Relationship among parties, Professional bodies & Regulatory
bodies of construction industry, Professional Liabilities & Legal Context of quantity Surveyor
are to be discussed.
Every Company in the world consist with confidential data. Here in this report discussed about
what are the confidential data have to be protected, Different ways to avoid data breaches & Law
regarding data protection.

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Contents
Assignment Brief & Feedbak form ............................................................................ 1
Acknowledgement ..................................................................................................... 6
Introduction ................................................................................................................ 7
Contents...................................................................................................................... 8
Task A ........................................................................................................................ 9
Contractual Position of a Quantity Surveyor .......................................................... 9
Professional and regulatory bodies engaged in the construction ......................10
Professional Liabilities. .....................................................................................11
Legal context of a quantity surveyor ....................................................................12
Application of financial laws .............................................................................14
Company Law ....................................................................................................15
Employment Legislation ....................................................................................15
Task B ......................................................................................................................16
Confidential data that must be protected and secured ..........................................16
Ways to avoid data breaches .................................................................................17
Law to protect and manage confidential data .......................................................18
Summary ..................................................................................................................20
References ................................................................................................................21

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Task A
Discuss the legal context of a quantity surveyor (LO 01)
Contractual Position of a Quantity Surveyor
Quantity surveyors profession assumes an important role in the construction industry. This is
because it is required to provide clients with advice and services associated with procurement,
value management and cost of projects from inception to completion, contract administration and
project management. Quantity surveyors also provide clients with costing and work with projects
from inception to demolition. A Qualified Quantity Surveyor involve in advice on all aspects of
construction costs, financial and contractual administration. Below shows some of the functions
of a Quantity Surveyor
• Provide estimates of costs during the initial stages of the process of construction
procurement for the project initiators and during construction.
• Analyze tenders, prepare and analyze cost data and perform contract administration.
• Advising the client on the various contractual methods available and the choice of the
contractors valuing the completed work of the contractor.
• Preparing final accounts of the construction project.
• Controlling the cost of labor, plant and materials
• Perform risk, value management and cost control during construction.
• Advise on a procurement strategy.
• Identify, analyze and develop responses to commercial risks.
• Provide advice on contractual claims and disputes.
• Offer advice on property taxation
• Provide post-occupancy advice, facilities management services and life cycle costing
advice
• Assist clients in locating and accessing additional and alternative sources of funding
The function of the Quantity Surveyor within the construction industry is multi-disciplinary and
is expected to meet the demands of the construction projects’ complexities and sizes. Many
quantity surveyors have diversified into providing project and building management services
According to the scenario the client and the main contractor is XYZ Constructions (Pvt) Ltd.
XYZ Construction (Pvt) Ltd obtained service from another Sub Contractor.
Agreements between contractors and subcontractors are governed by the law of contracts. The
relationship between contractors and subcontractors is one that usually arises when a
contractor bids on a large construction project. Because it's often impossible for a contractor to
do all the work required for a large project, the contractor will contract with a subcontractor to

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supply extra labor and materials.
Professional and regulatory bodies engaged in the construction
Professional bodies are organizations that comprises members who are professionals in a specific
sector.
Professional bodies typically seek to further the interests of their profession and members. They
may also set standards for ethics, performance, competence, insurance, training and so on, that
must be met to remain within the profession (wiki, 2020)
Major tasks for the professionals in construction project is to execute all their professional
works, according to the terms of the contract of engagement.
Central to the purpose of professional bodies is to provide trust.
Professional bodies set standards, technical and ethical, that must be achieved and they ensure
that they are maintain and enhance through the professional’s career. This supports the public
trust. Below shows a list of construction professional bodies.
1. Construction Industry Development Authority (CIDA)
2. Construction Industry Development Fund and Fund Authority
3. National Advisory Council on Construction.
4. British Institute of Interior Design (BIID)
5. Royal Institute of British Architects (RIBA)
6. Royal Institute of Chartered Surveyors (RICS)
The true value of a professional body can in reality only ever be tested against the counterfactual
statement: What if it didn’t exist? (Green, 2015)
Regulatory strategies encompass a wide variety of approaches from regulatory bodies depending
on their legislative framework. There may be very detailed requirement and rules or in some
cases general expectations are made available to the operating organization through less formal
channels which may include published guidance material. Some member states employ goal
setting in their requirements whilst others prefer to specify codes, standards and guides which
must be adhered to by the contractor (Agency, 2000)
A regulatory body may have a strategy concerning its expectation regarding the staffing,
structure and organization of an operating organization. Specific areas which could be included
in strategy approaches may cover the scope of contract work, application and approval of a
quality system for a contractor, contractor training and accreditation, vendor approvals,
inspection regimes and the management of contractor activities (Agency, 2000)
• Depending on the system in place in the member state, the regulatory body consults its
regulatory strategy with stake holders.
• The regulatory body explain the regulatory system and strategy o meetings, workshops,
conferences which are attended by operating organization and contractor staff.
• The regulatory body inspects the contractors on site and, as appropriate at cooperate
offices and factories away from the site in conjunction with the operating organization.

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Professional Liabilities.
1. Express & Implied Terms
The employment of a construction professional for services in relation to the design and
execution of construction projects arises from his appointment by the Employer or by
someone authorized on his behalf to make the appointment. The express and implied
terms of the appointment govern the rights and obligations of the parties; the express
terms are of course the starting point. If an appointment is made in a relatively informal
way, such as exchanging letters with or without incorporation by reference of a
professional institution’s conditions of engagement or other terms, it is important to
stipulate whether the terms of the incorporated document are intended only to apply to
the payment provisions or to the conditions of engagement as a whole, for example
including the arbitration agreement, if there is one. Since an external (i.e. not in-house)
construction professional in private practice is in law an independent contractor, he is
entitled to be left free, in the absence of express provision to the contrary, to carry out the
incidental duties necessary to achieve the purpose for which he has been appointed in the
way which seems best to him (Russell, 2006)
2. Nature of Duty
It used to be the case that a construction professional’s duty to their client, like that of
other professionals such as solicitors, lay purely in contract, and not in tort.
One of the most important results of this was that, for the purposes of limitation, time
began to run at the date of the breach of contract and not, as in the tort of negligence,
from the often much later date when damage occurred or could reasonably have been
discovered. There is now universal judicial agreement that the liability of a professional
person to their client arises both in tort and in contract (Russell, 2006)
3. Standard of Care
4. Continuing duty and limitation
The duty of design in a construction contract is essentially a continuing one where the
construction professional’s employment continues during the supervision stage (Russell,
2006)
5. Measure of Damage
If an error in the design is discovered at an early stage, the Employer should normally, as
part of the duty to mitigate loss, give the professional an opportunity to correct it
(Russell, 2006)

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6. Delegation
Professional firms in the construction industry frequently offer a wide range of services
which may require delegation of administrative or day to day drafting or design work to
employees, or the placing of specialist work with outside sub-contractors or sub
consultants. Where what is being offered by the professional to the client includes the
provision of such services, as distinguished from an exercise of the relevant partner’s
own professional judgment, simple errors or mistakes by subordinates and others may
well be treated as a contractual responsibility of the professional, without proof of
professional negligence in the normal sense (Russell, 2006)
Legal context of a quantity surveyor
Quantity Surveyor (QS) in practice deals with his/her employer, the employer’s clients, and
different parties when performing his/her duties. His/her involvement for the project may vary
from the concept design stage by preparing conceptual cost estimate to the settlement of disputes
of the project. This includes preparing of preliminary cost plan, Bills of Quantities, tender
evaluation, project financial and contractual administration, disputes resolution etc. When
proceeding in the above long and complicated processes, QS would have to make many
important decisions and measures in terms of commercial, financial, or contractual nature and
that affects many other parties in their business. This perhaps could decide whether a party wins
or loses a project, and also it may affect the party’s existence in the business or its exit! It is
therefore, very important that the Quantity Surveyor must always be without prejudice, be
knowledgeable and be up dated with all aspects of modern practice in the profession regularly
and apply this knowledge in his regular practice; act impartially, and his decisions must be
neutral, fair and reasonable always to both the parties in the contract (Jayathunga, 2009)
According to (info, 2016) A qualified Quantity Surveyor directly working to the client must have
sound knowledge in various areas of law especially the followings.
1. Legal and regulatory compliance in relation to Building construction.
2. Principles of revenue/taxation law focusing on Capital allowance, capital taxation.
3. Compulsory acquisition of land (takings of private land) and compensation.
4. Contracts.
5. Land use planning, development control and sustainable development.
6. Procurement and tendering.
7. Sale and purchase of real and personal property.
8. Company law including secretarial affairs, insolvency, winding up.
9. Labor disputes, employment contracts.
10. Occupational safety and health.
11. Dispute Resolution and Alternative Dispute Resolution Techniques.
12. Dispute Avoidance Techniques.
13. Professional Negligence and Indemnity.
Quantity Surveyors are experts in procurement and contract administration in built environment,

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skills which are recognized and sought after across a wide range of industries. Thus a basic
grounding in contract law, the law of reparation, occupational safety and health law as it applies
to the built environment and standard forms of contract in common use in the built environment
is of utmost importance to a Quantity Surveyor.
Kamal should be aware when he is working with ABC Building Material Suppliers
(pvt) Ltd about Analyze commercial legislation, processing of payments and
requirements of taxation, consumer legislation
1. Commercial Legislation
Commercial law is a body of law that regulates the conduct of persons, merchants, and
businesses who are engaged in trade, sales, and commerce. Also known as business law,
it is a broad area of law that interacts with many other areas of law such as environmental
regulation, real estate and safety laws.
Commercial law effectively governs trade between businesses and consumers. It creates a
regulated system that is fair for both parties so that trade can be conducted in a reasonable
manner. It is very important that Kamal should aware of this law.
• Helps resolve conflicts & disputes
• Outlines and legal responsibilities of a business and consumer.
• Help understand and manage financial transactions.
2. Processing of Payments
A supplier id defined as a person or organization that provides a product or service to
another business. Finding a reliable and competitively priced supplier is vital to the
success of construction process. The terms that should negotiate with supplier need to be
based on,
• The way that client/contractor pay them – Bank draft, Commercial bill paid for
by bank, Foreign Currency
• Potential Costs – Administration, Taxation, transport, General payments &
Transactions.
• Possible Risks – Late Payment to Supplier or faulty, late or undelivered goods.
3. Taxation
Taxation not only pays for public goods and services; it is also a key ingredient in the
social contract between citizens and the economy. How taxes are raised and spent can
determine a government's very legitimacy.
If the construction company is incorporated in sri lank ate company is liable to pay the
following taxes
• Corporate income tax
For companies – 24% (the standard rate)
• Withholding tax
• Value Added Tax – 8%

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4. Consumer Legislation
Consumer law involves all of the regulations and statutes that seek to create a more
equitable balance for buyers in the marketplace and prevent sellers from using dishonest
tactics. A consumer is any individual who purchases goods or services, which may be
sold by manufacturers, wholesalers, or retailers. Both state and federal laws play a role in
regulating consumer law. These laws range from prohibiting false advertising and
imposing product safety measures to regulating debt collection practices and protecting
consumers’ identifying information. Consumers often find themselves needing legal help
after falling victim to an online scam.
According to (Athority, 2021) The Consumer Affairs Authority Act was passed in the
Parliament on 9th January 2003. It came into force with the establishment of the Consumer
Affairs Authority. The Consumer Affairs Authority comes under the purview of the
Ministry of Cooperatives and Internal Trade. The new act repealed the following acts.
• Consumer Protection Act No.01 of 1979
• Fair Trading Commission Act No.01 of 1987
• Control of Prices Act (Cap 173)
Application of financial laws
Law is a diverse field; over the years many new branches of law have come up which seek to
provide people with a legal solution to almost any type of problem that they come up against.
Laws related to finance have been in place for a long time, but it is only in the last 5 decades or
so that it has been taken as seriously. The reason for that is the series of misdemeanors
perpetrated by financial wizards trying to make the stock market work in their favor through
unfair means or through practices as deplorable as insider trading.
Finance Laws relate to any statutes, policies, regulations, or other forms of rules governing
financial transactions in which one party raises money through borrowing, stock sales, bonds, or
other means of investment. Examples include antitrust, bankruptcy, and securities laws that
protect the financial interests of small businesses and individual investors. These laws may also
have an impact on bankruptcy proceedings, particularly for corporate debtors (Resources, 2021)
• Financial law is important in the creation and development of strong financial markets.
• Financial markets rely on legal institutions. Law and regulation ensure that financial
transactions are carried out within a clear, predictable and enforceable legal framework
• Financial law provides the institutional framework that is necessary for the provision
of credit and the operation of financial markets.
• Financial law critically discusses the basic legal components of the financial system.
• Financial law examines and discusses the key legal problems that relate to the
provision.

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Company Law
The Companies Act (No. 17 of 1982) contains the rules, procedures, accounting and reporting
requirements for companies incorporated or registered in Sri Lanka. The registration of
companies, filing of accounts and annual returns are done with the Registrar of Companies (Law,
2021)
• Company law regulates how companies operate.
• The existence of the company is unaffected d by changes in its shareholders/directors
other employees. Accordingly, there is perpetual succession of the company regardless of
the changes to any of its shareholders/directors/other employees. A company dies only
when it is liquidated , wound up or become insolvent or bankrupt
• The company’s assets, liabilities and contracts belong to the company, not to the
shareholders/directors/other employees.
• A company can sue its own employees and directors if they have caused any loss to the
company by their actions.
Employment Legislation
Employment legislation refers to a body of laws that regulate the relationships between
employers and employees. While the bulk of these laws are generally designed to protect
workers, there are also some regulations that are imposed upon workers. Issues that are
addressed by employment laws include discrimination, legal working ages, and safe working
conditions. Violations of employment laws are usually civil matters, which are handled in civil
courts or through administrative procedures.
The importance of employee rights as established by law is difficult to overstate. Employees
are afforded the protection of law regarding their payroll, hourly wages, safety and fairness.
Beyond that, the laws create the means of educating workers about their rights and
responsibilities and provide the means of taking action when violations are noted. The laws are
intended to benefit employers as well. The right of an employer to hire and, if necessary, fire
employees at-will is confirmed by law. Operational ambiguities are reduced by establishing
clear-cut legal expectations along with guidance materials to assist employers in meeting their
responsibilities (Sarokin, 2020)

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Task B
Explain the management of confidential data (LO 02)
Confidential data that must be protected and secured
While most official communication is now done electronically and most corporate documents are
kept in digital form, there is still plenty of physical data in circulation around offices world-wide.
Whether it is in the form of documents, thumb drives, hard disks or log books, this physical data
needs to be protected and handled responsibly; especially if the data contains personal or
confidential information. Just like companies have protocols, firewalls, passwords and other
security measures to protect their digital data, they need to put in place the right processes and
procedures to ensure their data is secure. The first step in the process is to identify what
constitutes confidential documents in the workplace, and what to shred securely. Here are the
most important 3 types of documents that should protect.
1. Documents with Employees’ & Clients’ Personal Information
Personal data is information about an individual that can be used to identify
him/her. NRIC numbers, hand phone numbers, home addresses, name, credit card
numbers, etc. can all be considered personal information (Green J. , 2017)
2. Office Plans, Office IDs and Internal Procedure Manuals.
Every organization should do their part to ensure the safety of everyone in their office.
Documents with detailed office layouts are commonly found throughout offices to
identify key exits, while some offices also make seating plans available to make
colleagues easy to find. Likewise companies make documents like employee handbooks
and other documents and forms related to internal processes and procedures readily
available to their staff (Green J. , 2017)
3. Contracts & Commercial Documents
When it comes to contracts, every detail of the arrangement should be treated with the
utmost confidentiality for both your organization and the third party’s benefit. If your
contract has a confidentiality agreement, it could be rendered obsolete if an unauthorized
person got their hands on the physical copy of the contract. Contracts are full of
commercially sensitive information such as the nature of the arrangement, the value of

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the services offered/received in the agreement, the names of the main contracting parties,
etc. (Green J. , 2017)
4. Intellectual Property
Intellectual property (IP) generally refers to creations of the mind. In business, IP
specifically calls out to sales and marketing plans, new product plans, notes associated
with patentable inventions, customer and supplier information, and creative (logos, brand
identity.). Much of this information can be categorized as trade secrets, by which a
business can obtain an economic advantage over competitors or customers. For this
reason, it can be especially damning when it falls into the wrong hands. IP is legally
protected through Intellectual Property Rights (technology, 2017)
5. Financial Information
Financial information is any information that can be unlawfully obtained during the offering or
delivery of a financial product/service or processing of a purchase. The economic loss can be
great when financial information combined with non-sensitive and /or sensitive PII leaks occur.
Credit Cards, ACH Numbers, Bank Account Information, Loan Information, Investment
Information (Stock, Trade, 401K, etc)Payroll Information, Non-salary Information
(expenses, pension, fringe befits, etc.) are financial data that should protect (technology,
2017)
Ways to avoid data breaches
To define data breach: a data breach exposes confidential, sensitive, or protected information to
an unauthorized person. The files in a data breach are viewed and/or shared without permission.
Anyone can be at risk of a data breach from individuals to high-level enterprises and
governments. More importantly, anyone can put others at risk if they are not protected.
In general, data breaches happen due to weaknesses in :
• Technology
• User Behavior
Below shows how to prevent data breaches
1. Create and update procedures
Create procedures related to data security standards and update them consistently. This
will make it clear what company’s expectations are as it relates to data. This will also

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show to employees that take data seriously and remind them that they should take it
seriously as well (Simple, 2021)
2. Remote Monitoring
Remote monitoring provides around-the-clock monitoring of network
3. Data Backup & Recovery
Sometimes data breaches can maliciously delete all of the data. It’s important to have
data backed up so that it can easily be recovered in case of data loss, a server crash, or
even a natural disaster (Simple, 2021)
4. Destroy before disposal
Before dispose of anything that may have confidential information on it, make sure it is
properly destroyed.
5. Safeguard Physical Data
Because physical actions can cause data breaches, it is important to safeguard all data,
including physical files. Make sure physical records are stored in a secured location and
that access is restricted to only the employees that need access (Simple, 2021)
6. Maintain up to date security software
It is important to make sure to take proper precautions to avoid a security breach.
Purchase security software and automate it to run on a continuous basis.
Firewalls, anti-virus software, and anti-spyware software are important tools to defend
business against data breaches. Work closely with an internet security team or provider to
set these up correctly (Simple, 2021)
7. Encrypt Data
When sending confidential data by email, they should encrypted before they are being
sent. If using a Wi-Fi network, ensure to have a dedicated network for that the public
can’t access. For the most sensitive data, require employees to not use Wi-Fi at all as it
can allow cyber criminals to intercept data (Simple, 2021)
8. Protect Portable devices
Flash drives, mobile phones, tablets, and other portable devices are easy to lose or steal.
Portable devices have hard-to-guess passwords in place, anti-theft apps installed, and
other security measures taken so they can only be accessed by authorized users (Simple,
2021)
Law to protect and manage confidential data
Every day, a vast amount of information is transmitted, stored, and collected across the globe,
enabled by the rise of computing and communication power. Technology and innovation have

Law & Legal Frameworks Assignment 01
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Colombo School of Construction Technology M.G.Harsha Madhuwantha
increased the need for privacy regulation, requiring existing privacy regulations to adapt to these
new advancements. The emergence of cloud computing, the internet of things, 5G networks, and
big data analytics in the Fourth Industrial Revolution present new challenges to the field of data
protection and privacy – for individuals whose data is stored and collected, governments,
legislators, and businesses (Senarathna, 2020)
Data protection is increasingly becoming relevant to Sri Lanka, with the rapid rise in
digitalization and digital connectivity.
Presently, Sri Lanka does not have any consolidated and/or specific laws on data protection.
There are several data protection-enabled legislation that are industry-specific. Such legislation
does not however provide a definition for the term 'data' nor specific provisions for
implementation. Notably, the Ministry of Digital Infrastructure and Information
Technology ('MDIIT') and the Legal Draftsman's Department ('LDD') launched, in 2019, a draft
for an Act to Provide for the Regulation of Processing Personal Data (2019), which provides
fundamental principles of privacy and data protection and is modelled after data protection
legislation in place by similar countries. In early 2021, the LDD released a final draft version of
an Act to Provide for the Regulation of Processing of Personal Data (2021) ('the Draft Bill'). The
Draft Bill is currently awaiting final approval and thereafter will be submitted to the Cabinet of
Ministers ('the Cabinet') and published as an official Bill.
According to the scenario there are some responsibilities for breach of confidentiality of data by
Kamal
• Responsible for developing and maintaining the system-wide incident response process
for data breaches.
• Responsible for conducting computer diagnostic support in computer- or technology-
based breaches, providing expertise and advice regarding data security, and suggesting
remedies to prevent future breach occurrences.
• Responsible for providing legal advice during the investigation, including guidance on
providing notifications as required by law.
• Responsible for providing Privacy Officer with communication strategies with regard to
affected parties and internal stakeholders.

Law & Legal Frameworks Assignment 01
20
Colombo School of Construction Technology M.G.Harsha Madhuwantha
Summary
In this report Task A Contains the legal context of a Quantity Surveyor. Under that
contractual position of a quantity surveyor is very important. When work as a client
quantity surveyor, Quantity surveyor has duties and responsibilities regarding the law.
This report described about relationships among parties involve in construction,
professional and regulatory bodies involve in construction, legal context of a quantity
surveyor, Applicability of financial laws, Company law & Employment Legislation. As
client Quantity Surveyor, he/she has to face many legal issues. Quantity Surveyor should
have sound knowledge about professional bodies and how to work with them,
Professional liabilities, Commercial Legislation, Taxation & Consumer legislation.
Under the Task B it contains about Management of Confidential data. Under that here
discuss about, Data that should protect, How to avoid data braches and Laws regarding
data protection.

Law & Legal Frameworks Assignment 01
21
Colombo School of Construction Technology M.G.Harsha Madhuwantha
References
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