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Employment Law Briefing

We reported in our Employment Law Briefing 2016 Winter Edition that data from the Office for National Statistics showed that the gender pay gap was at its lowest since records began, but on average, women still earn around 19...more

Court Confirms Right to Be Forgotten Is Not Absolute

It has been less than three years since the Court of Justice of the European Union (CJEU) decided that people have the right to have incorrect information about them removed from online search engine results. However, this...more

International Employers in Scope of the GDPR: Are You Ready?

The GDPR harmonizes data protection laws across the EU and updates the current 20-year-old regime to take account of globalization and the ever-changing technology landscape. It will apply not only to EU companies, but to...more

Start Hiring: 28,000 Data Protection Officers Needed by 2018

A study by the International Association of Privacy Professionals has found that 28,000 data protection officers (DPO) will be needed in the next two years for companies to comply with the EU’s new General Data Protection...more

Employment Law Briefing

Brexit — Keep Calm and Carry On - The Brexit referendum elicited strong feelings amongst “Leavers” and “Remainers”, and will likely continue to do so. In the UK it is generally not as common for co-workers to discuss...more

Are You an Insider? Data Privacy Challenges Posed by New Insider List Requirements

The EU’s Market Abuse Regulation (“MAR”) came into effect on July 3, 2016 replacing the EU’s Market Abuse Directive. Unlike the Directive, the MAR has direct effect in each EU member state, including the UK....more

Time Will Tell: Implications of the Recently Adopted EU – U.S. Data Transfer Framework

The EU-U.S. Privacy Shield has been formally adopted by the European Commission, enabling U.S. companies who sign up to the framework to receive personal data from the EU. The new deal replaces the previous Safe Harbor...more

BREXIT: What Does It Mean for Data Protection and What Should You Be Doing Now?

While we wait to see what the BREXIT result will mean for the UK’s data protection regime, it is important to recognize that the result will not change anything immediately. The exact nature of the post-BREXIT UK-EU...more

UK Holiday Pay Should Now Include Voluntary Overtime

Workers who regularly undertake voluntary overtime beyond their contracted hours may be eligible for more holiday pay. A recent ruling means that businesses should be reviewing their current holiday pay practices and...more

Attacking Encryption in the EU - What Could Be the Consequences for Privacy?

As one might expect, the Paris attacks have provided to EU member states and politicians the opportunity to strengthen the legal means of surveillance available to intelligence services and enforcement authorities. Will this...more

EU-U.S. Privacy Shield Text Released

Yesterday the European Commission published the draft legal texts for the new data transfer agreement – the “EU-U.S. Privacy Shield” – that was reached at the beginning of February. The EU Commission also released a draft...more

Agreement on Safe Harbor Replacement, the New EU-U.S. Privacy Shield: Considerations for HR Departments

Our winter 2016 edition of the Employment Law Briefing Newsletter discussed the implications of the Court of Justice of the European Union’s (CJEU’s) decision to invalidate the Safe Harbor framework. Concern about the lack of...more

Employers Can Read Employees’ Private Messages

The European Court of Human Rights (ECHR) has ruled in favor of the employer in a case concerning a Romanian sales engineer whose employment was terminated following discovery by his employer that he was sending private...more

Data Retention Questions Referred to the European Court for Clarification

Mass surveillance has been under scrutiny yet again since the UK Court of Appeal, on 20 November 2015, asked the Court of Justice of the European Union (CJEU) to clarify whether it intended to “lay down mandatory requirements...more

EU and U.S. Reach “Umbrella Agreement” on Data Transfers

The EU and U.S. reached an agreement on Tuesday (9 September) which will enable the two sides to exchange personal data during criminal and terrorism investigations....more

Employment Law Briefing

Whistleblowing can be a valuable tool for businesses, providing an early warning system against corporate malpractice and demonstrating a compliance culture. Hotlines are now established as an important tool in the...more

UK’s First Ever Right To Be Forgotten Enforcement : Google In The Firing Line Again

The UK’s Information Commissioner’s Office (ICO) has made what appears to be its first “right to be forgotten” enforcement action against Google Inc. The ICO issued the notice on 18 August 2015, ordering Google to remove nine...more

Landmark UK Data Protection Ruling

The English Court of Appeal has recently handed down a landmark decision confirming that an individual can recover damages under the UK’s Data Protection Act 1998 (the “Act”) for non-financial losses....more

4/27/2015  /  Appeals , Damages , UK , UK Data Protection Act

European Hearing on the Future of Safe Harbor

Back on February 12th 2015, Max Schrems, the Austrian law student who began Europe v. Facebook, posted a tweet suggesting that the Court of Justice of the European Union (CJEU) may hear his case as soon as this month. Since...more

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