Chapter 10

Procurement and compliance

Large customers do not buy software; they onboard suppliers. Do this work before they ask and you cut weeks off every deal.

Do these in month one, in this order
  1. Company basics: Companies House, business bank account, VAT decision, insurances.
  2. Cyber Essentials (the certificate every UK construction buyer asks for).
  3. A data processing agreement (DPA) and privacy notice you can send the same day.
  4. A one-page security summary and a supplier-questionnaire answer bank.
  5. Cyber Essentials Plus once the first housebuilder asks. ISO 27001 only when a contract depends on it.

The checklist, with lead times and costs

Lead times are estimatesS16 until you have measured your own.

S9S8S8S11S11
ItemWhy they askLead timeCostStatus
Limited company, registered office, business bankSupplier forms need a company number and bank details1–5 days£50 + bank feesDo first
Public liability + professional indemnity insuranceMost supplier forms set minimums (typically £1m–£5m PL, £1m PI for software)1–3 days£300–£900 a year for PL and PI; cyber cover adds £300–£500; budget £1,200S10Do first
ICO data protection feeLegally required for a controller; buyers check the registerSame day£52 / year (tier 1)Do first
Cyber EssentialsStandard ask in UK construction and public-sector supply chains1–3 weeks (self-assessment)£320–£600Month 1
Cyber Essentials PlusHousebuilder and FM groups increasingly require it4–8 weeks after CE£1,400–£2,500When asked
DPA + privacy notice + sub-processor listUK GDPR Article 28; you process workers' names and phone numbers1 week to draftFree (ICO templates) or £500–£1,500 with a solicitorMonth 1
Security summary (1 page)Answers 80% of a questionnaire before it is sent1 dayFreeMonth 1
Supplier questionnaire answer bankEvery large buyer sends a 60–200 question form; reuse answersBuilds over timeFreeMonth 1
Terms of service + SLAOrder forms reference them1 weekTemplate-based; solicitor review £500–£1,000Month 1
ISO 27001Enterprise deals and some FM/catering groups6–12 months£6,750–£15,000+ first yearS11Only if a contract needs it
Constructionline / SafeContractorRelevant for contractors, rarely for a software supplier; ask before paying2–6 weeks£100s–£1,000+/yrAsk first

Costs are as at August 2026: certification and ICO fees from the published price lists, insurance and legal from typical quotes (see Sources for each). Confirm before budgeting. The numbers that matter are the lead times: Cyber Essentials and the DPA are on the critical path of your first housebuilder deal.

Answering "where is our data?"

QuestionAnswer
What personal data do you hold?Name, phone number, optional email, language, group membership, and the content people post. Photos in hazard reports may show people.
Where is it hosted?AWS London (eu-west-2), United Kingdom, on servers managed via Laravel Forge. Give this one answer everywhere (deck, DPA, security summary); never say EU or Ireland. Backups daily, retained [30] days.
Who are your sub-processors?One list, generated from the deployment, with the contracting entity, country and transfer basis for each: AWS (hosting and storage, UK region), Twilio (SMS verification), OpenAI (translation of post, comment, message and hazard-report text, with no identifiers), Mux (video), the email provider [Amazon SES or Mailgun: confirm which is deployed], and realtime only if Pusher is enabled (the default is self-hosted Reverb, which is not a sub-processor). Delete anything not in use before you publish it; the list is contractual. Published and updated with notice.
Is data sent outside the UK?Translation and SMS providers process in the US under standard contractual clauses / UK IDTA. Post text only is sent for translation.
How do you delete data?Leavers are locked out on their leaving date; tenant deletion on request within 30 days; backups age out.
Access control?Tenant isolation at the database layer; roles (admin, moderator, worker); admin impersonation is logged.
Encryption?TLS in transit; encryption at rest on AWS volumes and S3.
Incidents?Named contact, notification within 72 hours, written procedure.

Fill in the bracketed values from the actual deployment before sending this to anyone. A wrong answer here is worse than a slow one.

The regulatory angle that sells

Every provision below is primary legislation or HSE's own guidance, linkedS24. Quote the words, not your paraphrase, and let their HSEQ lead map it to their obligations. Never give legal advice.

InstrumentThe words that matterWhat it means for the product
Health and Safety at Work Act 1974, s.2(2)(c)Employer must provide "such information, instruction, training and supervision as is necessary"The base duty: a duty to provide, which in a prosecution the employer must show it discharged.
HSWA 1974, s.2(3)Bring the H&S policy "and any revision of it to the notice of all of his employees"A statutory duty to communicate a document to every employee, with no evidential mechanism defined. The export is that mechanism.
Management of H&S at Work Regs 1999, reg 10(1)Provide "comprehensible and relevant information" on risks, measures and emergency proceduresThe word the translation feature hangs on. Information in English to a worker who does not read English is arguably not comprehensible.
MHSWR 1999, reg 12Extends the information duty to employees of outside undertakings on the premisesThe direct answer to "subcontractors aren't our employees".
CDM 2015, reg 13(4)(a) and reg 15(8)–(9)Principal contractor ensures "a suitable site induction"; every contractor gives workers "appropriate supervision, instructions and information", including emergency procedures and risks from other contractorsApplies to every contractor on site, not just the PC. Reg 15(9) is a four-item checklist of post templates: (a) site induction, (b) procedures for serious and imminent danger, (c) risks from the risk assessments and from other contractors' work, (d) anything else needed to comply with the statutory provisions.
HSWA 1974, s.40"It shall be for the accused to prove … that it was not practicable or not reasonably practicable to do more than was in fact done"The burden is reversed on the reasonably-practicable limb, once the prosecution has established the duty and the risk; not before. House wording, in every discovery call: "Once the duty and the risk are established, section 40 puts the burden on you to prove you did what was reasonably practicable. What's your evidence?"
HSE guidance for employers of migrant workersLanguage barriers "limit their ability to communicate effectively"; HSE publishes its own safety material in 19 languagesHSE explicitly lists translation software among acceptable means, which makes English-only harder to defend on a multilingual site. (The guide's inference, not the regulator's words.)
Employment Rights Act 2025, ss.20–21 (harassment: "all reasonable steps" and third-party liability), commencing 30 October 2026S30Not a reason to buy, and do not sell it as one: a translated notice does not evidence "all reasonable steps" against harassment. At most a single line about communicating policies to a multilingual workforce. The duty in force today is the Worker Protection Act 2023 "reasonable steps" test (since 26 October 2024).Colour only. Verify the commencement date before you say it.

The WhatsApp argument, stated correctly

Your own compliance when you sell

Supplier folder: write once, before the first plc conversation

Company number, VAT number, registered address, bank details (via a verified channel), insurance certificates, and one-page policies for: health and safety, modern slavery, anti-bribery, equal opportunities, quality, environment. Plus Cyber Essentials, the DPA, the security summary and two references. Every item you cannot produce on the day adds one to three weeks of elapsed time. Note: the Prompt Payment Code is now the Fair Payment CodeS33.

International transfers, stated correctly

Checked against the official Data Privacy Framework list on 28 August 2026: Twilio Inc. is Active under the UK Extension to the EU–US Data Privacy Framework; Mux is listed Active but with re-certification under review, which can lapse; OpenAI does not appear at all. So Twilio needs no IDTA or transfer risk assessment, Mux needs a check on the day you send the pack, and OpenAI needs an IDTA (or Addendum) and a documented TRA; only message text, with no identifiers, goes to itS34. Write "checked [date]" beside each in the security summary and diarise a re-check every six months. These claims decay.

Financial due diligence: the step that actually stalls a plc pilot

Supplier onboarding at a plc runs a Creditsafe or Dun & Bradstreet check. A company with no filed accounts and no trading history routinely fails it, and that, not the DPA, is the most likely reason the Barratt pilot sits in procurement. Anticipate it: say "we are pre-revenue and have no filed accounts yet" before they find out, and offer one of three things in its place: payment of the pilot in advance (you already invoice on signature), a director's guarantee for the pilot value, or a short-form financial statement from your accountant. The answer bank in the legal pack has the wording. For the annual contract, prepayment by Bacs answers the same question.

Map the buyer's side on day one

Chapter 5 adds a quarter to every plc estimate for InfoSec and legal queues; this is how you find out whether that quarter is real. In the discovery call, ask: "If we agree at day 60, walk me through everything between that and a signed order: who raises the PO, who runs InfoSec, who signs the DPA, is there a supplier portal (Coupa, Ariba, SAP), what are your standard payment terms, and how long did that take for your last software supplier?" Write the answers into the mutual action plan with names and dates. A buyer who cannot answer is telling you the deal is earlier than they think.

ISO 27001

£6,750–£15,000+ and 6–12 months. At your size, offer a written ISMS roadmap plus your Cyber Essentials certificate instead; divisions accept this far more often than founders expect. Treat ISO as a year-two decision triggered by two lost deals, not by anxiety.