Spain

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 … Continue reading

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

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

Is there a role for ADR in employment disputes?

The Global Pound Conference (GPC) Series is a unique and ambitious initiative to inform how civil and commercial disputes are resolved in the 21st century, collating views from over 4000 people at 28 conferences spanning 24 countries worldwide. Herbert Smith Freehills teamed … Continue reading

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Filed under Australia, Employment-related claims- procedure and form, France, Germany, Spain, UK

EU: Commission publishes draft whistleblowing directive

The European Commission has published a new draft directive to strengthen whistleblower protection across the EU.  The proposal is to provide EU-wide protection for blowing the whistle on breaches of specified types of EU legislation (for example, legislation on financial … Continue reading

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Filed under France, Germany, Spain, UK, Whistleblowing

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 Cross-border, Data protection and privacy, France, Germany, Resources, Spain, UK

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 Cross-border, Data protection and privacy, Spain, UK

Spain: Broader restrictions in the use of subsequent fixed-term employment contracts

The Spanish Supreme Court (the ‘Supreme Court’) has confirmed that the employment relationship between a temporary employee and its employer may not be broken by a break in service of as long as three and a half months between two … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Spain

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, France, Germany, Spain, UK

Spain: Increase in the basis used to calculate the severance payment for dismissal

On 3 May 2017, the Spanish Supreme Court (the “Supreme Court”) issued a judgment in which it declared that employer’s contributions to (i) medical insurance policies; (ii) life insurance policies; and (iii) pension plans, should be treated in the same way … Continue reading

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Filed under Redundancy, Remuneration (including bonus and incentive plans), Spain, Termination of employment

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 Africa, Asia, Australia, Business sales/transfers, Cross-border, France, Germany, International mobility (including secondments, migrant workers, territorial jurisdiction), Middle East, Russia, Spain, The Americas, UK