On July 12, 2024, the European Union published the language of its much-anticipated Artificial Intelligence Act (AI Act), which is the world’s first comprehensive legislation regulating the growing use of artificial...more
On March 13, 2024, European Union policymakers finally passed the long anticipated Artificial Intelligence Act (AI Act), the world’s first comprehensive artificial intelligence (AI) legislation, providing employers with...more
European Union policymakers reached a provisional agreement on the Platform Work Directive on March 11, 2024, which reveals significant concessions on the classification of digital platform workers as employees or independent...more
3/28/2024
/ Artificial Intelligence ,
Biometric Information ,
Classification ,
Corporate Counsel ,
Data Privacy ,
Digital Platforms ,
Employee Definition ,
EU ,
EU Directive ,
Independent Contractors ,
Multi-Factor Test ,
Online Platforms ,
Rebuttable Presumptions
On February 2, 2024, European Union policymakers reached an agreement on the final text of the Artificial Intelligence Act (AI Act), taking us another step closer to the world’s first comprehensive AI legislation, and,...more
After more than two years of legislative highs and lows for the European Union’s proposed Platform Work Directive, the EU may be inching closer to adopting regulations on the classification of platform workers, such as...more
1/22/2024
/ Artificial Intelligence ,
Corporate Counsel ,
Delivery Drivers ,
Digital Platforms ,
Drivers ,
Employee Definition ,
EU ,
EU Directive ,
Independent Contractors ,
Member State ,
Misclassification ,
Mobile Apps ,
Multi-Factor Test ,
Rebuttable Presumptions ,
Ridesharing
On October 3, 2023, the UK Information Commissioner’s Office (ICO) published updated guidance on monitoring workers. The guidance is designed to help employers think about what they might need to consider under the UK General...more
The Court of Justice of the European Union (CJEU) recently declared that the EU-U.S. Privacy Shield is invalid because it does not provide an adequate level of protection for the transfer of personal data from the European...more
In addition to the potential uses of contact-tracing apps, discussed recently in episode 1 of the Global Solutions series, most employers now conduct some form of employee screening or monitoring to help prevent the spread of...more
On July 16, 2020, the Court of Justice of the European Union (CJEU) announced its judgment in the so-called Schrems II case (Case C-311/18), declaring that the EU-U.S. Privacy Shield is invalid because it does not provide an...more
7/17/2020
/ Court of Justice of the European Union (CJEU) ,
EU ,
EU-US Privacy Shield ,
European Commission ,
International Data Transfers ,
Personal Data ,
Safe Harbors ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
Surveillance ,
U.S. Commerce Department
On October 23, 2019, the European Commission published its report after its third annual review on the functioning of the EU-U.S. Privacy Shield. The Privacy Shield, which became operational in August 2016, details procedures...more
11/5/2019
/ Annual Reports ,
Data Protection Authority ,
EU ,
EU-US Privacy Shield ,
European Commission ,
Federal Trade Commission (FTC) ,
Human Resources Professionals ,
Information Reports ,
International Data Transfers ,
Personal Data ,
Schrems I & Schrems II ,
U.S. Commerce Department
On July 3, 2019, in a long-awaited judgment the Supreme Court of the United Kingdom clarified the correct approach to deciding whether words can be severed from a post-employment covenant to leave an employee bound by the...more
Data breaches continue to be an unfortunate risk that companies face with increasing frequency. In this podcast, Rebecca Bennett, Stephen Riga, and Justin Tarka discuss data breaches from both a U.S. and EU perspective,...more
12/17/2018
/ Best Practices ,
Breach Notification Rule ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Employer Liability Issues ,
EU ,
General Data Protection Regulation (GDPR) ,
Hackers ,
Personal Data ,
Personally Identifiable Information ,
Risk Mitigation ,
Third-Party Service Provider
The 2018 World Cup is now in full swing, and the frenzy that surrounds this event can create low productivity for businesses, with staff focused on watching games - or perhaps debating the pros and cons of the recently...more
In Pimlico Plumbers Limited and another v Smith, the Supreme Court has confirmed that the Employment Tribunal was entitled to conclude that Gary Smith, who worked under a contract that described him as an independent...more
With the General Data Protection Regulation (GDPR), the European Union’s new privacy law having come into effect on 25 May 2018, thousands of companies have been flooding inboxes in recent weeks with emails asking for consent...more
6/5/2018
/ Consent ,
Data Privacy ,
e-Privacy Directive ,
Email ,
EU ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
Marketing ,
Personal Data ,
Privacy Policy ,
UK
On April 6, 2018, there will be an important change to the way termination payments are taxed in the United Kingdom. New tax rules, which aim to simplify the taxation of termination payments, will mean that income tax and...more
In an important decision regarding employment status in the United Kingdom (UK), the Court of Appeal, in Pimlico Plumbers Limited v. Smith, dismissed an appeal by Pimlico Plumbers concerning the employment status of a former...more
In a decision that may have implications for other companies in the “gig economy,” an employment tribunal in the United Kingdom has ruled that drivers who provide services to Uber, a ride-sharing service, are not...more
On June 23, 2016, the United Kingdom (UK) will hold an “in or out” referendum to decide whether it should remain a member of the European Union (EU). If the UK chooses to leave the 28-member European Union, one certain...more
4/28/2016
/ Corporate Counsel ,
Employment Discrimination ,
EU ,
EU Data Protection Laws ,
EU-US Privacy Shield ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Member State ,
Personal Data ,
Referendums ,
Travel Restrictions ,
TUPE ,
UK ,
UK Brexit
In parts one and two of this series summarizing data protection law in the United Kingdom, we looked at the data protection principles to which employers must adhere in relation to obtaining, holding, or disposing of personal...more
The European Court of Justice’s decision in the Google case that it was required to remove links to “outdated” or “irrelevant” information about an individual has brought EU data privacy laws to the forefront of public...more
The recent high-profile decision by the European Court of Justice involving Google has highlighted the existence of stringent data privacy laws in the European Union (EU). However, although the Google decision was...more
7/10/2014
/ Corporate Counsel ,
Cybersecurity ,
Data Controller ,
Data Protection ,
Employer Liability Issues ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
Google ,
Popular ,
Right to Be Forgotten ,
Right to Privacy ,
Search Engines
There have been a number of significant changes in the United Kingdom’s employment tribunal system and employment dispute resolution rules over the last year. In this post, we outline two recent changes which, with the...more
The final post in this three-part series on U.K. employment laws covers the withholding and immigration obligations facing U.K. employers....more
Part one of this three-part series covered the basic principles of employment laws in the United Kingdom and the minimum benefits and rights to which employees are entitled. Part two covers a number of employers’ obligations...more