Data Protection: The Privacy Shield

This article will discuss the EU – US data sharing saga negotiations which are currently walking under the banner of the ‘Data Shield’.

This is intended to be new and improved ‘Safe Harbour’ which had been previously invalidated by the European Court of Justice in the case of Schrems (C-362/14).

This politically agreed measure is meant to bolster EU citizen’s data protection rights on US soil, granting similar rights that EU citizens would enjoy in Europe. ‘Similar’ being the contentious issue at the heart of the saga.

The European Data Protection Supervisor (Mr Giovanni Buttarelli) published an Opinion (4/2016) on the 30th May 2016 expressing their concerns and stating the shortcomings of Data Shield agreement. This follows the European Parliament adopting a resolution in early May, calling on the Commission to negotiate a better deal in light of the current deficiencies.

Mr Buttarelli states that there is a need for a long-term, robust and lucid agreement between the EU and the US which reflects the rights-based values found in the Lisbon Treaty, the Charter of Fundamental Rights and the US Constitution which is reflected in the Schrems judgment. Whilst he sees this agreement as a step in the right direction, it is not robust enough to stand up to the ECJ’s scrutiny. Click here for more details...

Contact Details:

Nath Solicitors Limited

4/4a Bloomsbury Square,

London, WC1A 2RP

Tel: 02076816073

Mob: 07545813894

Email: shubha@nathsolicitors.co.uk

Web: http://www.nathsolicitors.co.uk/

Bribery and Corruption

On the 12th May 2016 David Cameron hosted the anti-corruption summit in London which brought together 40 world leaders and several bodies with the motive of moving forward in tackling global corruption.

Four key announcements of interest were made at the summit:

• David Cameron announced that this Government would introduce a public register of beneficial ownership for any company purchasing property in the UK. Those who already own property would also have to complete the register as well as those wanting a Government contract. This news comes as the UK PSC Register reaches its first month in force, which requires UK companies to produce, keep and maintain a register of people with significant control of that company. This is very interesting and is likely to lead to some surprises following its implementation.
• Such registers are the first of their kind and several countries are expected to follow suit. 40 other jurisdictions have agreed to automatically share their own registers of company ownership which will be accessible to the police.
• The Prime Minister also consulted on reversing the burden of proof where there is suspicion that stolen money is being used to buy property, forcing the accused to prove that the money was accumulated legitimately.
• It was announced that an International Ani-corruption Centre would be established to help police and prosecute the corrupt across borders.
• There was also consultation on extending the criminal offence for failure to prevent economic crimes such as fraud and money laundering.

Click here for more details...

Contact Details:
Nath Solicitors Limited
4/4a Bloomsbury Square,
London, WC1A 2RP
Tel: 02076816073
Mob: 07545813894
Email: shubha@nathsolicitors.co.uk
Web: http://www.nathsolicitors.co.uk/

Data Sharing Data Compliance

Businesses  responsibility in the handling of data is set to swell with the introduction of the new General Data Protection Regulations which are due to come into force in May 2018.

The new Regulations will not only heighten a business’s accountability for their own practices, it will create a new responsibility for the handling of data by those which it shares information with, in the absence of proper contractual provisions.

Guidance from the Information Commissioners Office (ICO) is still thin on the ground with the ’12 Steps to take now’ booklet which is available on their website.

In the guidance it states that the most important starting point is to ensure that you are in compliance with the current framework. If you do so, you will be in the best position to work towards compliance by 2018. Click here for more details..

Contact Details:

Nath Solicitors Limited

4/4a Bloomsbury Square,

London, WC1A 2RP

Tel: 02076816073

Mob: 07545813894

Email: shubha@nathsolicitors.co.uk

Web: http://www.nathsolicitors.co.uk/

Contracts Anti-Oral Variation Clauses

An anti-oral variation clause is a part of a contract which specifically states that any amendments or changes to the contract must be done in writing. Strict application of such a clause would provide a great degree of certainty for the parties and avoids disputes between parties without expensive and lengthy litigation.

A potential nightmare for drafters and parties to a contract has been roused following the Court of Appeals judgment in the case of Globe Motors Inc v TRW Lucas Varity Electric Steering Ltd [2016] EWCA Civ 396 (Globe Motors).

The Court found that in the absence of a common law restriction:

‘The parties have freedom to agree whatever terms they choose to undertake, and can do so in a document, by word of mouth, or by conduct. The consequence in this context is that in principle the fact that the parties’ contract contains a clause such as Article 6.3 (which was an anti-oral variation clause) does not prevent them from later making a new contract varying the contract by an oral agreement or by conduct’ Click here for more details..

Contact Details:

Nath Solicitors Limited

4/4a Bloomsbury Square,

London, WC1A 2RP

Tel: 02076816073

Mob: 07545813894

Email: shubha@nathsolicitors.co.uk

Web: http://www.nathsolicitors.co.uk/

What is Constructive Dismissal?

The latest in the line of high profile constructive dismissal claims is that of Eva Carneiro. The ex-Chelsea football club doctor was initially pursuing a claim for constructive dismissal (amongst other claims) in an employment tribunal against her former club. Although the claim has now settled, it may have left some people reading the news wondering ‘what on earth is constructive dismissal?’

According to ACAS; ‘constructive dismissal occurs when an employee is forced to leave their job against their will because of their employer’s conduct’. This can occur in such circumstances where an employer;

• Suddenly demotes an employee with no good reason or doesn’t pay them.
• Changes an employee’s working conditions (e.g. Working times).
• Excessively disciplines employees.

Click here for more details...

Contact Details:

Nath Solicitors Limited

4/4a Bloomsbury Square,

London, WC1A 2RP

Tel: 02076816073

Mob: 07545813894

Email: shubha@nathsolicitors.co.uk

Web: http://www.nathsolicitors.co.uk/

How to Share Data Correctly

Any business intending to share data should first consider ICO’s Data Sharing Code of Practice (the Code).

Familiarity with the Code will enable you to start to understand your obligations and restraints with regard to sharing data within the course of your business.

The guidance also provides a checklist which will assist you in the process of deciding whether or not to share data with a third party.

This blog post looks at some of the factors you may wish to consider in deciding to share information.

Systematic Data Sharing

When dealing with systematic data sharing (where you share data on an on-going basis) the checklist states that you should consider the following questions:

• Is the sharing justified?

In doing this you should look at; the potential utility of the sharing of the data, the proportionality of the sharing, the benefits/risks to individuals/society for sharing/not sharing, and whether the objective could be achieved without sharing the data? Click here for more details...

Contact Details:

Nath Solicitors Limited

4/4a Bloomsbury Square,

London, WC1A 2RP

Tel: 02076816073

Mob: 07545813894

Email: shubha@nathsolicitors.co.uk

Web: http://www.nathsolicitors.co.uk/

Don’t use Human Rights Laws to Avoid Repossession of Property

Mr and Mrs McDonald had bought a property which had been funded by a mortgage from Capital Homes Ltd. The mortgage terms stated that, among-st other things, the property was not to be let to family members or a tenant in the receipt of benefits.

The short hold tenant, Miss McDonald, was Mr and Mrs McDonald’s daughter and suffered from a mental disorder. The parents had bought this house as a mean to provide their child with suitable accommodation.

Upon becoming aware the breach of these two terms of the mortgage, Capital Homes Ltd exercised their power to appoint receivers under the mortgage who went on to serve notice under section 21 of the Housing Act 1988. Click here for more details..

Contact Details:

Nath Solicitors Limited

4/4a Bloomsbury Square,

London, WC1A 2RP

Tel: 02076816073

Mob: 07545813894

Email: shubha@nathsolicitors.co.uk

Web: http://www.nathsolicitors.co.uk/

National Living Wage

The National Living Wage has been in place for over a month and has already sparked a great deal of controversy. Introduced on the 1st April 2016, it has raised the hourly wage for workers aged over 25 to £7.20, rising to £9.00 by 2020.

Following its introduction, many big businesses have found themselves coming under fire. The businesses in question have cut working hours, staff benefits (such as a paid lunch and free staff food), bonuses and reduced overtime pay in an attempt to counterbalance the increased cost of labor.

While the media and the public continue to criticize the larger companies for their actions, for many smaller businesses, taking these measures may be unavoidable in the face of increased price and market competition. Click here for more details...

Contact Details:

Nath Solicitors Limited

4/4a Bloomsbury Square,

London, WC1A 2RP

Tel: 02076816073

Mob: 07545813894

Email: shubha@nathsolicitors.co.uk

Web: http://www.nathsolicitors.co.uk/

Data Leaks Beware | Nath Solicitors

We can recall he story of Andrew Skelton, a senior internal auditor for Morrison’s who leaked information regarding nearly 100,000 of his fellow staff’s bank details, salaries and National Insurance numbers to several newspapers and data-sharing websites.

The leak has been described as the biggest in British corporate history and Mr Skelton is currently serving an 8-year sentence and has had to pay Morrison’s £170,000 in damages. Contrast this with the £2,000,000 that the breach has cost the supermarket as of July 2015 and the further £2,000,000 that Morrison’s asserts it has spent on protective systems in order to prevent future breaches.

There are also intangible costs to be considered, such as damage to reputation and employee morale.

In November 2015, a Group Litigation Order was granted by the High Court with a cut-off date of the 8th April 2016 for those who wanted to join in to the claim for damages. This was based on the assertion the Morrison’s could have done more to prevent the leak and the potential financial loss it may have caused. It is estimated that over 6,000 current and previous employees have joined the action.

Click here for more details...

Contact Details:

Nath Solicitors Limited

4/4a Bloomsbury Square,

London, WC1A 2RP

Tel: 02076816073

Mob: 07545813894

Email: shubha@nathsolicitors.co.uk

Web: http://www.nathsolicitors.co.uk/

Discrimination and Recruitment

Employers who wish to employ staff can find themselves confronted by a vast pool of potential candidates and must find an effective means to enable them to find the right person, while staying on the right side of the law.

This post will briefly highlight the important tips found in the Equality Act 2010 Code of Practice (Code of Practice) guidance to provide a brief understanding of the potential steps you may wish to take in avoiding discrimination in the recruitment process.

Section 4 of the Equality Act sets out the following as being the 9 protected characteristics:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual Orientation

Click here for more details.. 

Contact Details:

Nath Solicitors Limited

4/4a Bloomsbury Square,

London, WC1A 2RP

Tel: 02076816073

Mob: 07545813894

Email: shubha@nathsolicitors.co.uk

Web: http://www.nathsolicitors.co.uk/