Privacy Shield adopted by European Commission and US Department of Commerce

Earlier this month, the European Commission (EC) voted to adopt the final version of the new EU/US data protection scheme, the Privacy Shield, which provides a mechanism for the valid transfer of personal data from the EU to the US.  The scheme was approved simultaneously by the US Department of Commerce (DoC).     The Privacy Shield is a replacement for the previous EU/US data transfer scheme,  the Safe Harbour Agreement,  which was declared invalid by the European Court of Justice in Autumn 2015.   Click here and here for previous Be Aware posts on Safe Harbour and here for our GENIE post …

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Business immigration in post-Brexit Britain

Matthew Leon, Associate in our Edinburgh office, and Heather Barc, Associate in our London office, comment: A significant consequence of June’s Brexit referendum result is that businesses are left operating in an uncertain environment. Employers now face a number of questions particularly in relation to immigration.  What happens to the status of EU member state nationals in the UK?  What can be done to ensure that businesses are able to continue resourcing their businesses effectively with the right skills? The important thing to remember is that until the UK formally commences the Brexit process by triggering Article 50 of the …

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Despite Brexit, businesses need to start preparing for the General Data Protection Regulation

The Information Commissioner’s Office (ICO) has published an Overview of the European General Data Protection Regulation (GDPR) for organisations. The changes anticipated by GDPR are wide-ranging and require a cross-organisational compliance framework that will take time to assess and implement effectively. Organisations which process data within the UK should start their planning now if they have not already done so. The result of the 23 June 2016 referendum on membership of the EU means that the Government will ultimately need to consider the effect on the GDPR. However, Brexit should have little, if any, impact on GDPR compliance planning. The …

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Right to work checks: Extended criminal liabilities for employers

Germaine Machin-Cowen and Aaron Lyons, Associates in our Sheffield office, comment: On 12 July 2016, a number of changes under the Immigration Act 2016 will come into force, including extended criminal offences for employers in relation to illegal working. Background All employers in the UK have a duty to prevent illegal working by carrying out certain checks – known as ‘Right to work checks’ – on all employees before they commence employment. Failure to carry out these checks, and to properly retain copies of right to work documents, can result in civil and criminal liabilities for employers. A civil penalty …

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Brexit: 10 steps for employers to take now

Following the vote in favour of Brexit on 23 June,  there is uncertainty as to what comes next.  Much will depend on who replaces David Cameron and what the government’s Brexit strategy will be, how and when Article 50 of the Lisbon Treaty is invoked to trigger the formal exit process, and how the EU approaches the negotiations with the UK. In the meantime, there are no immediate changes to employment or immigration law as a result of the UK’s decision to leave the EU, so it is business as usual for now, although organisations should address the immediate after-effects …

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EU referendum: UK votes out – what now for employers?

23 June 2016 will go down in history as the date the UK population voted to leave the European Union. Despite the magnitude of this decision, however, its employment law impact will not be felt immediately and employers will have a period of time to collect their thoughts. This is anticipated to be the start of a minimum 2 year period of negotiations to determine the UK’s future role on the global stage. There are a number of options to facilitate the UK’s ongoing relationship with the EU once the exit is formally instigated, and only time will tell which …

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Non-compete clauses: Government call for evidence – let us submit a response on your behalf

In April 2016, the Government launched its Innovation Plan, and, as part of this, announced it would be making a call for evidence on the future of employers being able to include non-compete clauses in agreements with workers and employees.  DLA Piper’s Employment group has prepared a survey which focuses on key questions raised by the call for evidence. We would be delighted to hear your views and to then submit a representative response to the Government on behalf of all respondents. You will need to use non-compete covenants in your business, and have knowledge of how they apply, in …

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