Agenda + checklist for the meeting. Bring the UK Legal & Regulatory Brief (full detail) and the UK Business Overview (context). Capture answers and any follow-up actions in the right column. Not legal advice — these are the questions we're asking.
Engagement basics
- [ ] Is multi-area UK regulatory + commercial structuring within your firm's remit, or do we need specialists (data protection, employment) alongside?
- [ ] Can we start with a fixed-fee scoping phase? What does it cover and cost?
- [ ] Likely total cost and timeline to "safe to take live payments in the UK".
1. Structure & "marketplace not provider"
- [ ] Does our "platform, not healthcare provider" position hold given we set price, take payment and control booking? What would tip us into being the provider?
- [ ] Recommended entity / group structure and SIC codes.
2. CQC / regulated activity
- [ ] Confirm Faresay does not need CQC registration. What facts would change that?
3. Therapist status (priority)
- [ ] Worker/employee risk for self-employed therapists — what contract terms and operating practices keep them genuinely independent (substitution, exclusivity, who sets price)?
- [ ] Our tax exposure on status; any off-payroll/agency rules that bite.
4. Data protection (priority)
- [ ] Correct Article 6 + Article 9 bases for health data (explicit consent vs health/social-care).
- [ ] Controller vs joint-controller model between Faresay and therapists; which agreement(s) to sign.
- [ ] International transfers: we use some US processors (auth/video/email). What mechanism does each need (IDTA / SCCs + Addendum, TRA)? Should we move to UK/EU-region vendors instead?
- [ ] DPIA sign-off; ICO registration / fee; breach-reporting setup.
5. Vetting & liability
- [ ] Is requiring PSA-accredited-register membership (or HCPC) sufficient vetting? Add DBS / ID / qualification checks?
- [ ] How to limit our liability if a vetted therapist later causes harm or is struck off.
6. Consumer law (B2C)
- [ ] 14-day cancellation right and the checkout waiver wording for immediate service.
- [ ] Allocation of "reasonable care and skill" between platform and therapist.
- [ ] Are our limitation-of-liability and cancellation terms enforceable (no unfair-terms risk)?
7. Clinical safety & safeguarding
- [ ] Our duty of care as intermediary and how to bound it; "not a crisis service" framing.
- [ ] Minimum safeguarding duties to impose on therapists; our escalation obligations.
- [ ] Complaints process; any ADR/ombudsman obligations.
8. Advertising (ASA/CAP)
- [ ] Review homepage + marketing claims (efficacy, "accredited", competitor price comparisons).
9. Payments / FCA
- [ ] Confirm no FCA authorisation / client-money obligations given Stripe is the PSP.
10. Tax / VAT
- [ ] VAT treatment of the 15% platform fee; registration threshold/timing (coordinate with accountant).
11. Documents to get reviewed
- [ ] Client Terms of Service + Privacy Notice
- [ ] Therapist Agreement + data-sharing/DPA
- [ ] Cancellation/refund, complaints, safeguarding policies
Outputs we want from the engagement
- [ ] A clear "to go live in the UK, you must do X, Y, Z" list.
- [ ] Confirmed therapist contract + client terms + privacy notice.
- [ ] Data-protection position (bases, controller model, transfers) signed off.
- [ ] Confirmation on CQC and FCA.