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Information Matters: Goodbye Safe Harbour, hello Privacy Shield… for now News - Briefing

Date: 05/02/2016 Authors : Owen O'Rorke

Data Privacy Day – celebrated annually on 28 January by a small coterie of cyber security firms and data protection lawyers – might have passed off uneventfully again this year on our side of the pond (with a poor sense of timing, the UN's Working Group on Arbitrary Detention narrowly missed...

General Data Protection Regulation: Reasons to be Cheerful? News - Briefing

Date: 04/02/2016 Authors : Helen Mulligan

On 15 December 2015, “informal agreement” on the text of a new European General Data Protection Regulation (GDPR) was finally announced, just short of four years after it was first proposed by the European Commission. Assuming the Council and the Parliament vote in favour of the current text in t...

Information Matters: A new trade secrets law for Europe News - Briefing

Date: 05/02/2016 Authors : John Hull

In a few weeks the European Parliament is likely to pass into law a new trade secrets law for Member States of the Union.  This is in the shape of a Directive which means that each of the 28 European countries will enact its own local law to bring the Directive into effect, the intention being to...

Changes to fundraising regulation: What do HEIs need to know? News - Briefing

Date: 04/02/2016 Authors : Lizzie Jones

The regulation of charity fundraising is changing.  The changes follow extensive media coverage criticising fundraising practices.  Regulators and government responded swiftly in the face of the accusations in the press with an initial review of fundraising regulation being published in September...

Safeguarding for HEIs – is your institution complying with its obligations to under 18s and adults at risk? News - Briefing

Date: 04/02/2016 Authors : Kathleen Heycock

The Prevent Duty (brought into force by the Counter-Terrorism and Security Act 2015) has received a significant amount of national and HEI sector coverage. This is understandable as it is aimed squarely at the HEI sector and is rightly at the top of many HEI’s agendas at present. However, the...

Clarifying intentions: overall responsibility for the legal function under the Senior Managers Regime News - Briefing

Date: 01/02/2016 Authors : Grania Baird, Julia Hartley

On 27 January 2016, the FCA issued a statement to clarify an issue that there is uncertainty in the market as to whether an individual in charge of a firm’s legal function requires approval under the new Senior Managers Regime ( SMR ) when it enters into force on 7 March 2016. This statement...

PRA Issues Consultation Paper on Buy-outs News - Briefing

Date: 29/01/2016 Authors : Fiona Lowrie, Eleanor Rowswell

On 13 January 2016 the Prudential Regulation Authority (PRA) issued CP2/16 Buy-outs of variable remuneration. This consultation paper follows on from earlier consultations of both the PRA and Financial Conduct Authority (FCA) on remuneration in which the regulators promised to give further though...

Inn the Field of Play - January 2016: IAAF - New Year's resolutions - Rebuilding trust News - Briefing

Date: 29/01/2016 Authors : Julian Pike

After an annus horribilis, the International Amateur Athletics Federation (IAAF) has seen in the New Year with two clear statements of intent. On 5 January IAAF President, Lord Sebastian Coe, set out its Road Map to restore trust in the organisation and the sport more widely, while two days later...

Drawing the strands together (again) – a guide to the new UK property tax regime News - Briefing

Date: 28/01/2016 Authors : Nick Dunnell, Russell Cohen, Holly Jones

Over the past 4 years the UK government has: introduced new taxes on high value residential property held by companies; significantly increased certain taxes on UK residential property;  andintroduced an extension of capital gains tax (CGT) to non-residents disposing of residential property.

Legal Parenthood: Who's the daddy? … or mummy? … or second mummy? News - Briefing

Date: 28/01/2016 Authors : John Davies

In a recent judgment the President of the Family Division, Sir James Munby, asked the question "What, after all, to any child, to any parent, never mind to future generations and indeed to society at large, can be more important, emotionally, psychologically, socially and legally, than the answer...

Tick tock, a race against the clock: Securing divorce jurisdiction within Europe News - Briefing

Date: 28/01/2016 Authors : Rebecca Heyworth

The recently reported case of A (Judgment) [1]    has once again thrown the spotlight on jurisdiction races in divorce.

Sharland and Gohil: a warning to dishonest divorcees News - Briefing

Date: 27/01/2016 Authors : Elizabeth Burch

In October we saw the Supreme Court hand down their hotly anticipated judgments in the cases of Sharland v Sharland [2015] UKSC 60 and Gohil v Gohil [2015] UKSC 61.  The media frenzy was fixated on what they saw as a slam dunk victory over dishonest divorcees, and the potential flood of new claim...

Inn the Field of Play - January 2016: IAAF - Withholding tax and exemptions for athletes News - Briefing

Date: 27/01/2016 Authors : Udo Onwere

In this week's extensive look at the IAAF, world athletics' governing body, we consider whether events such as the IAAF World Championships will follow previous tournaments and enact specific tax legislation to encourage attendance from the world's elite athletes. The 16 th World Championship eve...

Inn the Field of Play - January 2016: IAAF - Returning medals and innocent athletes News - Briefing

Date: 26/01/2016 Authors : David Hunt

As the Sunday Times has reported following analysis of the leaked anti-doping IAAF test data, 146 medals (55 of which were gold) were won in athletics endurance events during the period from 2001 to 2012 by athletes who had recorded suspicious test results.   This begs the question whether some o...

Final tweaks to the UK implementation of the Mortgage Credit Directive News - Briefing

Date: 26/01/2016 Authors : Grania Baird, Julia Hartley

On 15 January, the FCA published a consultation paper (CP16/2) on minor changes to its rules and guidance in respect of the UK implementation of the Mortgage Credit Directive (2014/17/EU) (MCD). The consultation paper sets out various legislative and regulatory changes that will need to be made i...

Inn the Field of Play - January 2016: IAAF - Will sponsorship survive the scandal? News - Briefing

Date: 25/01/2016 Authors : Owen O'Rorke

Yesterday’s news that Adidas are pulling its sponsorship of the IAAF is a significant blow to the IAAF, especially when you think that Adidas has not – as yet at least – cancelled its agreement with FIFA. Owen O’Rorke examines the basis for a sponsor’s right to terminate, its consequences and the...

Information Matters: Is there any expectation of privacy in the workplace? News - Briefing

Date: 22/01/2016 Authors : Owen O'Rorke

Data protection lawyers are often heard to complain that their calling is misunderstood. But few areas of jurisprudence are so readily misreported as human rights law. This week saw another example, with news editors leaping on a Strasbourg judgment - appealed from Romanian national courts on an...

Information Matters: Should charities be worried about FOIA? News - Briefing

Date: 21/01/2016 Authors : Helen Mulligan

From an information law perspective, 2015 was not a great year for charities. As we reported in September, a series of damning articles in the Daily Mail and other newspapers (following the tragic death of Olive Cooke) triggered an investigation by the Information Commissioner’s Office into chari...

Grooming within organisations - how to keep children safe News - Briefing

Date: 21/01/2016 Authors : Katie Rigg

Grooming is the process by which an individual prepares a child, significant adults and the environment for abuse of this child. It frequently takes place undetected by others and it is rarely disclosed by the victim. As illustrated by the Serious Case Review into the crimes committed by William...

A New Transparency for Businesses under the Modern Slavery Act 2015 News - Briefing

Date: 20/01/2016 Authors : Anthony Turner, Casimir Gross

The Modern Slavery Act 2015 ( MSA ) consolidates the existing UK offences relating to slavery and human trafficking, while increasing the penalties for those found guilty.  In particular, the MSA has increased the maximum custodial sentence for serious offenders of Slavery and Human Trafficking...

Q1 Commercial Forecast 2016 News - Briefing

Date: 15/01/2016 Authors : David Fletcher

Welcome to the Winter edition of our Commercial Forecast. We aim to help to keep our business clients in the know about a range of legal developments and issues that might affect them and the markets in which they operate. In this edition we cover a broad range of topics including the gender pay...

New provisions of the Immigration Act 2014 to affect landlords and agents from 1 February 2016 News - Briefing

Date: 13/01/2016 Authors : Russell Cohen, Elena Hinchin

One of the outcomes of the government's policy to tackle illegal migration is an ongoing reform which aims to deter individuals who do not have the right to stay in the UK from remaining here unlawfully. As part of this reform new legislation will come into force on 1 February 2016 which will...

Handling social media as a private client employer News - Briefing

Date: 11/01/2016 Authors : Michal Chudy

This article was first published by eprivateclient, reproduced here with kind permission of the editor. Following on from Katie Lancaster's article , regarding confidentiality issues when employing staff in the home, Michal Chudy sets out some key considerations in relation to the specific issue ...

Safeguarding and Child Online Safety News - Briefing

Date: 07/01/2016 Authors : David Smellie

Reflecting the ever increasing concerns about online safety of children, a number of government sponsored initiatives were announced just before Christmas.

Information Matters: New ICO Guidance on Section 14 FOIA – dealing with vexatious requests News - Briefing

Date: 06/01/2016 Authors : Helen Mulligan, Jeremy Isaacson

We are writing just a quick post to draw your attention to the fact that the Information Commissioner’s Office has issued a new, revised version of its popular guidance on section 14 FOIA, which covers dealing with vexatious requests.

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