Jurisdiction: Cross-border

UK: Jurisdiction – claims for EU-derived rights may only be brought in the UK if working within the EU

In Wittenberg v Sunset Personnel Services the EAT has reiterated its view, originally given in Hasan v Shell International (see our blog post), that EU-derived rights such as working time or discrimination protections can be enforced in the UK, despite … Continue reading

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Filed under Jurisdiction: Cross-border, Jurisdiction: UK, UK employees abroad

Updated HSF multi-jurisdictional guide to employee issues in business transfers

Employment law issues rarely determine the strategy for a multi-jurisdictional business acquisition, but they can certainly give rise to significant avoidable costs and delay if issues are not spotted in advance. In the Herbert Smith Freehills 2016 global survey, 57% … Continue reading

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Filed under Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK, TUPE

Hong Kong: Which laws apply in cross-border employment?

The Macau Judicial Base Court recently held that Macau law (not Hong Kong law) governed an employment relationship between a Hong Kong citizen and his Hong Kong based employer, notwithstanding that the employment contract clearly stated that Hong Kong law … Continue reading

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Filed under Contracts of employment, Jurisdiction: Asia, Jurisdiction: Cross-border

Europe: Developments in EU laws on trade secrets and data protection

The Trade Secrets Directive was passed by the Council of Europe on 27 May 2016. It will come into force 20 days after its publication in the EU Official Journal and member states will then have a two year window … Continue reading

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Filed under Data protection, Jurisdiction: Cross-border

UK: Herbert Smith Freehills global survey reveals labour is both driver and challenge for cross-border M&A

Labour and employment law issues are a significant factor for cross-border deals, according to Herbert Smith Freehills’ new M&A report, ‘Beyond borders: the future of dealmaking’.

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Filed under Jurisdiction: Cross-border, Jurisdiction: UK, Resources

EU developments: trade secrets and data protection

On 14 April the European Parliament voted to approve the new Trade Secrets Directive aimed at harmonising the definition and protection of trade secrets and undisclosed know-how across Europe. The Council is expected to approve the Directive this month and … Continue reading

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Filed under Data protection, Employment law reforms, Jurisdiction: Cross-border, Restrictive covenants and confidential information

Europe: Developments in EU laws on trade secrets and data protection

The European Parliament and EU Council have agreed the terms of a Trade Secrets Directive that aims to harmonise the definition and protection of trade secrets and undisclosed know-how across Europe. Once approved and adopted, the Directive could take effect … Continue reading

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Filed under Data protection, Jurisdiction: Cross-border, Restrictive covenants and confidential information

EU: Compromise reached on General Data Protection Regulation

After almost four years of debate, the European Commission, Parliament and Council finally reached political agreement on the proposed General Data Protection Regulation (the "GDPR") in December 2015. The final official text of the GDPR has yet to be released … Continue reading

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Filed under Data protection, Jurisdiction: Cross-border

EU: Data protection – proposed EU-US Privacy Shield

The EU Commission and the US have agreed on a new framework to facilitate the transfer of EU personal data to the US, the EU-US Privacy Shield, following the ECJ ruling that the old Safe Harbour framework was invalid (see … Continue reading

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Filed under Data protection, Jurisdiction: Cross-border, Jurisdiction: The Americas

EU: ECJ privacy ruling not a green light for employer snooping despite media headlines

A recent ruling of the European Court of Human Rights should be viewed as a reminder to employers to exercise caution before monitoring their employees' use of internet and messaging services whilst at work. Media headlines framing the ruling as … Continue reading

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Filed under Data protection, Jurisdiction: Cross-border