Data protection and privacy

UK: GDPR – The “Whole of Business” Issue at the Top of Your Board Agenda

Almost all organisations use or process personal data. With less than 9 months to go before the EU General Data Protection Regulation (the “GDPR”) comes into force in the UK and across Europe, the run up to 25 May 2018 … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK

Privacy at work: Limits on employers’ ability to monitor private communications

The Grand Chamber of the European Court of Human Rights’ (ECtHR) ruling in Barbulescu v Romania (61496/08) is a timely reminder of the limits of employers’ ability to monitor their employees’ private activity on work IT systems. The case concerned … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK

UK Government Position Paper on International Transfers of Data – key points

Last week the UK Government released its negotiating position paper on international transfers of personal data within the EEA (The Exchange and Protection of Personal Data). Once the UK leaves the EEA it will no longer be subject to the … Continue reading

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UK: Employee documents created using employer’s IT systems may not be privileged against the employer

Simpkin v The Berkeley Group Holdings plc highlights the potential benefits for employers of a clear and comprehensive IT policy, referred to in the employment contract and signed by an employee, which provides that emails and documents sent using the … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information)

UK: Queen’s Speech and Brexit developments

The Queen’s Speech on 21 June 2017 set out the government’s programme for the next two years and was inevitably dominated by Brexit-related legislation. The principal bill will be the European Union (Withdrawal) Bill, subsequently published on 13 July 2017, … Continue reading

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Filed under Data protection and privacy, Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment), Workplace flexibility and family-friendly rights

EU: Article 29 Working Party provides guidance on processing of employees’ personal data at work

Modern technology enables employees to be tracked over time, across workplaces and their homes, through many different devices, such as smartphones, desktops, tablets and wearable devices. If there are inappropriate limits to the processing, and if it is not transparent, … Continue reading

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Filed under Data protection and privacy, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Spain, Jurisdiction: UK

UK: updated ICO Code of Practice on subject access

Employers faced with a subject access request should ensure they refer to the updated guidance recently issued by the Information Commissioner’s Office.  The guidance has been amended to reflect recent case law (summarised here) and notes (at pages 43-44) that data controllers are … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK

Asia: Mandatory Employment Policies

HR practitioners will be aware that work rules are mandatory in certain jurisdictions in Asia once an employer reaches a specified number of employees. However, an often-overlooked area is whether employers must or should establish other types of employment-related policies … Continue reading

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Filed under Data protection and privacy, Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Asia, Remuneration (including bonus and incentive plans), Workplace culture, diversity and discrimination (including bullying and harassment), Workplace Health and Safety

UK: Court of Appeal rules on subject access requests

HR practitioners know only too well what an effective weapon a subject access request (SAR) can be in the hands of an aggrieved employee or ex-employee.  Even if no 'smoking gun' is unearthed for the purposes of litigation, at the … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK

UK: Data protection – Court of Appeal ruling on subject access requests, prosecution for taking client data to a competitor, and new guidance

The Court of Appeal has clarified that non-compliance with a subject access request (SAR) cannot be justified on the ground that the requester has a purpose other than verifying or correcting the data (usually to assist in litigation). Statements in … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK