Jurisdiction: Cross-border

Recruitment and protection of talent: a boardroom issue for pharma

Our article Recruitment and protection of talent: a boardroom issue for pharma is available on our pharma hub here. Technological advancement is key amongst the forces driving change in the pharmaceutical healthcare sectors, with businesses increasingly partnering with non-traditional players such … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Spain, Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information), Remuneration (including bonus and incentive plans)

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

Brexit and EU citizens’ rights – UK proposals and action points for employers

The UK Government has published its proposals for safeguarding the position of EU citizens living in the UK post Brexit (link).  Settling the future of citizens exercising their right of free movement and providing legal certainty for EU citizens in … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Cross-border, Jurisdiction: UK

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 International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Cross-border, Jurisdiction: UK

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 Business sales/transfers, International mobility (including secondments, migrant workers, territorial jurisdiction), 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

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 International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia, Jurisdiction: Cross-border, Terms of employment contracts

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 and privacy, 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 and privacy, Jurisdiction: Cross-border, Protection of business interests (including restrictive covenants and confidential information)