After the UK general election was announced, the following legislation was approved by Parliament during what is known as 'the wash-up' period towards the end of May 2024. Some of these require further regulations to bring...more
May 25th marked six years since the General Data Protection Regulation has been in effect. Since it was implemented, GDPR has been regarded as the gold standard for data protection legislation across the world....more
At the end of January 2024, the UK Government set out a surprise proposal to introduce a £55 fee for individuals to bring proceedings in the Employment Tribunals (ET) and Employment Appeal Tribunal (EAT). This would be a...more
As we look ahead to 2024, it is clear that both data protection and AI will continue to take center stage in the UK, as it will in many other countries.
In this article we look ahead to the developments that are expected...more
2/5/2024
/ Algorithms ,
Artificial Intelligence ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Discrimination ,
EU ,
Innovative Technology ,
Machine Learning ,
UK
On May 24, 2023 (or as we like to call it, the eve of GDPR’s 5th birthday), the UK’s data protection body, the Information Commissioner’s Office (the ICO), published a new guide for employers on responding to data subject...more
As we celebrate a new year, many HR/legal professionals in the UK will be thinking of areas that might need a bit of a refresh, and data privacy may be one of those....more
The UK government is proposing to amend its data privacy regime to make it easier for employers to comply with its requirements.
The main points that would impact employers (if implemented) are that it would be easier to...more
6/30/2022
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Protection ,
Data Security ,
Data Subject Access Requests ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Regulatory Agenda ,
Regulatory Reform ,
UK
Employers often want to have a data retention policy that works for all of their international operations. We look at the challenges with this approach and how to make it work in practice....more
In response to the government’s relaxation on COVID-19 restrictions, the UK’s data protection regulator, the Information Commissioner’s Office (the ICO), has published guidance for employers on their data protection...more
Striking Workers Are Protected from Suffering Detriment -
Precedential Decision by Judiciary or Regulatory Agency -
On November 18, 2021, the Employment Appeal Tribunal (EAT) confirmed that workers who take part in...more
1/19/2022
/ Appeals ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Independent Contractors ,
Infectious Diseases ,
New Regulations ,
Redundancy Dismissals ,
Remote Working ,
Right to Strike ,
UK ,
UK Employment Appeal Tribunal ,
UK Supreme Court ,
Wage and Hour ,
Workplace Safety
As workplaces reopen after COVID-19, many employers in the United Kingdom are considering whether to implement policies requiring employees to be fully vaccinated before returning to the workplace. We explore whether this...more
Following Brexit, the European Commission is working on an adequacy decision concerning the UK, which will be announced before the end of June 2021. This is good news for businesses as it will make transfer of personal data...more
In the first case of its kind, the High Court of England & Wales has considered the limits on the extraterritorial reach of the European Data Protection Regulation (GDPR). ...more
On 5 January 2021, the UK government’s guidance was updated to clarify that employers may (but are not required to) furlough employees who have caring responsibilities for children who are at home as a result of school and...more
We’ve seen a big increase in the use of data subject access requests (“DSARs”) over the last few years, but we think that the new guidance from the UK’s data protection regulator (the ICO) will provide some reassurance to...more
When can employers in the United Kingdom be held responsible for their employees’ actions? This article answers that question with help from a recent high-profile case and applies the lessons learned to manage the potential...more
Leaked Legal Advice Protected Under Privilege, Court of Appeal Holds -
Precedential Decision by Judiciary or Regulatory Agency -
On October 22, 2019, the UK Court of Appeal held that a leaked email, in which in-house...more
1/22/2020
/ Appeals ,
Discriminatory Intent ,
Dismissals ,
Employment Discrimination ,
Employment Litigation ,
Equal Pay ,
Freedom of Religion ,
Health Care Providers ,
Hiring & Firing ,
International Labor Laws ,
Legal Advice Privilege ,
LGBTQ ,
Third-Party ,
Transgender ,
UK ,
UK Employment Appeal Tribunal
Supreme Court Rules that Refusal to Bake “Gay-Cake” Was Not Discriminatory -
Precedential Decision by Judiciary or Regulatory Agency -
On October 10, 2018, the UK Supreme Court held a bakery and its Christian owners had...more
1/16/2019
/ Data Breach ,
Employment Litigation ,
Freedom of Expression ,
Freedom of Religion ,
Hiring & Firing ,
International Labor Laws ,
Part-Time Employees ,
Personal Liability ,
Sexual Orientation Discrimination ,
UK ,
Vicarious Liability ,
Wage and Hour ,
Whistleblowers ,
Workplace Violence
A supermarket chain in the United Kingdom has been all over the press after it was held liable for a data breach by a rogue employee. This article analyzes the appellate court’s judgment to set out what it means for employers...more
12/11/2018
/ Appeals ,
Corporate Counsel ,
Criminal Prosecution ,
Cyber Crimes ,
Data Breach ,
Information Technology ,
International Labor Laws ,
Personal Data ,
Popular ,
UK ,
Vicarious Liability
The new Parental Bereavement (Leave and Pay) Act 2018, which was enacted on September 13 and will come into effect in 2020, grants parents who experience the loss of a child under 18 or a stillbirth after 24 weeks of...more
10/11/2018
/ Appeals ,
Bereavement Leave ,
Criminal Background Checks ,
Domestic Workers ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Internal Investigations ,
International Labor Laws ,
New Legislation ,
Parental Leave ,
Rest and Meal Break ,
UK ,
Wage and Hour
Data Protection Act 2018 Enacted -
New Legislation Enacted -
Effective May 25, 2018, the UK Data Protection Act transposes the EU General Data Protection Regulation (GDPR) into UK law, thereby replacing the Data...more
7/23/2018
/ Appeals ,
Breach of Contract ,
Data Protection ,
Disability ,
Employee Misconduct ,
Employment Litigation ,
General Data Protection Regulation (GDPR) ,
Hiring & Firing ,
Independent Contractors ,
International Data Transfers ,
International Labor Laws ,
Misclassification ,
New Legislation ,
Personal Data ,
Termination ,
UK ,
UK Supreme Court ,
Wage and Hour