Data protection and privacy

EU: Data Use – Protecting a critical resource

Described by some as the “new oil” for the digital economy, there is no doubt that data are now seen as critical for organisations to succeed. Data are a powerful and lucrative fuel for productivity. If not adequately protected, data … Continue reading

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Filed under Data protection and privacy, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Spain, Jurisdiction: UK, Resources

UK: Surveillance – European decisions highlight right to privacy in the workplace

Two recent decisions – along with the imminent implementation of the GDPR – highlight the importance for employers of reviewing monitoring practices and policies. In Antović and Mirković v Montenegro, the European Court of Human Rights (ECHR) ruled that it … Continue reading

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Filed under Data protection and privacy, Jurisdiction: Cross-border, Jurisdiction: Spain, Jurisdiction: UK

Hong Kong: Disclosure of Criminal Convictions

Employers often seek to carry out criminal and other background checks on new employees as part of their pre-hire processes. The discovery of a prior criminal conviction may in some cases result in an offer being withdrawn, or at least … Continue reading

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Filed under Data protection and privacy, Jurisdiction: Asia

UK: worrying High Court data protection ruling imposing vicarious liability on employers

A recent High court decision (subject to appeal) has ruled that an employer can be vicariously liable for an employee’s misuse of data even where it has done as much as reasonably possible to prevent the misuse and where the … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK

UK: Data Protection Bill published – employers should prepare now for GDPR

The Government published the draft Data Protection Bill (the “Bill”) on 14 September. The Bill will be debated at its second reading in the House of Lords on 10 October 2017. The Bill will replace the Data Protection Act 1998 … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK

Asia: Pre-employment screening

Pre-employment screening can be a useful tool in ensuring you are hiring the right person for the right role. Here we look at the issues that may arise with asking a candidate about their criminal record in various jurisdictions in … Continue reading

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Filed under Data protection and privacy, Jurisdiction: Asia

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

UK: 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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Filed under Data protection and privacy, Jurisdiction: UK

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)