France: Recent and Upcoming Labour Reforms

Several important employment law reforms have come into force recently or will come into force shortly, both at the EU and French level. Below are some of the changes to expect for 2019: ... Read more

EU: draft guidelines on GDPR extra-territoriality published

On 23 November 2018, the European Data Protection Board published its draft guidelines on Article 3 of the GDPR, being the provision that sets out the territorial scope of Europe's data protection legislation. The GDPR seeks (via Article 3) to extend… Read more

APAC: Background Checks

This month, we consider whether employers can conduct background checks by way of social media/internet searches on prospective employees, focussing on the position in Singapore, Hong Kong, Japan and South Korea. ... Read more

Korea: Handling Employee Data

Under the Personal Information Protection Act ("PIPA") any company which handles personal data will be deemed a 'data handler' and must comply with strict requirements. This includes employee personal data. ... Read more

Hong Kong: The Requirement of Being ‘Fit and Proper’

In many industries, it is a requirement that certain individuals performing regulated activities are, and remain, fit and proper. For example, these requirements will apply to certain individuals who are subject to the oversight of financial services regulators such as… Read more

APAC: Managing Employee Personal Information

An organisation's obligations in respect of managing personal information vary greatly from country to country. We consider the different obligations employers have around the region in relation to collecting, using and storing employee data. ... Read more

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… Read more

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 The discovery of a prior criminal conviction may in some cases result in an offer being withdrawn, or at least… Read more

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… Read more

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,… Read more

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… Read more

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… Read more

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… Read more

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… Read more