The EU gave LGBT people protection. Without it, we face persecution again – The Guardian

‘The EU withdrawal bill undermines the rights of all UK citizens – but it is especially disastrous for the LGBT community.’

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The Guardian, 22nd January 2018


Law Pod UK Ep. 21: Outlining the Legal Milestones to Brexit – 1 COR

Posted January 22nd, 2018 in constitutional reform, EC law, news, treaties by sally

‘In December 2017, the principles of Britain’s divorce from the European Union were agreed, and we now move to what Theresa May has called the “implementation phase”. But, as Professor Catherine Barnard of Cambridge University tells Bonnie Soames, it should really be termed “the transition”.’

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Law Pod UK, 17th January 2018


UK minister attempts to clarify data protection plans after watchdog’s concerns –

Posted January 19th, 2018 in bills, data protection, EC law, news by tracey

‘Concerns that proposed new UK data protection laws threaten the independence of the country’s data protection watchdog are “misplaced”, a government minister has said.’

Full Story, 18th January 2018


The EU Withdrawal Bill and Judicial Review: Are we ready? – UK Human Rights Blog

Posted January 16th, 2018 in bills, constitutional reform, EC law, human rights, judicial review, news by sally

‘A battle cry of the Brexiteers during the referendum campaign was a rousing appeal to restore the supremacy of Parliament: to free our great nation from its subservience to EU law. There is therefore a dispiriting irony that the process of withdrawal that is proposed in the EU Withdrawal Bill will lead to a hollowing out of the authority of Parliament[1]. On an unprecedented scale, it is proposed that Parliament will divest itself of powers in its traditional sphere of authority – that of legislating pursuant to the mandate granted by the electorate – and transfer such powers to the Executive. At the same time, there will be a sapping of Parliamentary power to the Judiciary, who will be required to adjudicate on issues of policy that would be expected to have been determined by the sovereign Parliament, unless some clear interpretative guidance is provided in the approach to be adopted to policy issues that will inevitably arise.’

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UK Human Rights Blog, 15th January 2018


PRA proposes less stringent insurance regulatory reporting requirements –

Posted January 16th, 2018 in consultations, EC law, insurance, news by sally

‘Plans to reduce regulatory reporting restrictions for UK insurers and mutuals under the Solvency II Directive have been published by the Prudential Regulation Authority (PRA).’

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OUT-LAW,.com, 15th January 2018


Another £400k penalty for a cyber security breach – Technology Law Update

Posted January 15th, 2018 in data protection, EC law, fines, news, penalties, telecommunications by sally

‘The Information Commissioner’s Office has imposed a £400,000 fine on mobile phone retailer Carphone Warehouse following a 2015 cyber attack. Originating from an IP address in Vietnam, the hack went on for 15 days before detection. It exposed the personal data of more than three million customers and 1,000 members of staff.’

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Technology Law Update, 11th January 2018


Fines under GDPR wait for businesses that fail to fix known security flaws now, says UK watchdog –

Posted January 11th, 2018 in data protection, EC law, fines, news, regulations by tracey

‘Data breaches that arise after new EU data protection laws take effect but which stem from security flaws that were known about prior to then will be enforced under the General Data Protection Regulation (GDPR), the UK’s data protection watchdog has said.’

Full Story, 10th January 2018


Researchers to be free to test anonymisation measures under UK data protection reforms –

Posted January 11th, 2018 in anonymity, bills, data protection, EC law, news by tracey

‘Planned changes to UK data protection laws will not put security researchers at risk of breaking the law when they test the effectiveness of data anonymization measures, as had been feared.’

Full Story, 11th January 2018


Brexit bill may have broken international environment law, says UN – The Guardian

Posted January 10th, 2018 in bills, consultations, EC law, environmental protection, international law, news by sally

‘The British government may have breached a major “environmental democracy” law by failing to consult the public when drawing up Brexit legislation.’

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The Guardian, 9th January 2018


Deporting EU rough sleepers from UK unlawful, High Court rules – BBC News

Posted December 15th, 2017 in deportation, EC law, freedom of movement, homelessness, news by tracey

‘A Home Office policy of removing EU citizens found sleeping rough on UK streets is unlawful and must stop, the High Court has ruled.’

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BBC News, 14th December 2017


UK regulator scrutinises the way ISPs manage network traffic –

Posted December 11th, 2017 in EC law, enforcement, internet, news by sally

‘The UK’s telecoms regulator has opened a new “enforcement programme” to formally monitor the way in which internet service providers (ISPs) manage the flow of data over their networks.’

Full Story, 11th December 2017


Retained Worker Status: When Does an EEA Student Remain a Worker for the Purposes of the EEA Regulations? – Drystone Chambers

Posted December 8th, 2017 in civil partnerships, EC law, education, immigration, news by sally

‘I was recently instructed by Sterling & Law LLP in an EEA appeal against the refusal of permanent residence. The Appellant was a non-EEA national in a civil partnership with her wife, an EEA national. The Appellant sought to establish that she was entitled to permanent residence having lived in the UK in accordance with the EEA Regulations for five years.’

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Drystone Chambers, 1st December 2017


Brexit through the Gift Shop? Are we about to give away our competition law claims? – Blackstone Chambers

Posted December 8th, 2017 in bills, competition, EC law, news, treaties by sally

‘Recent press reports have suggested that competition lawyers in other Member States have been confidently predicting the death of cartel claims in the UK following Brexit. But reports of the demise of this species of litigation are premature. The European Communities Act 1972 (the ECA 1972) will be repealed following the entry into force of the European Union (Withdrawal) Bill (the Bill). But this is unlikely to have any significant impact on the ability of claimants to bring claims before UK courts for damages caused by infringement of Article 101 of the Treaty on the Functioning of the European Union (TFEU) – at least for quite some time. The reason for this is the provisions of the Bill that protect rights that have accrued prior to “exit day”.’

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Blackstone Chambers, 4th December 2017


The death of holiday pay has been greatly exaggerated, but has the King slain Bear Scotland? – Cloisters

Posted December 8th, 2017 in contract of employment, EC law, holiday pay, news, self-employment by sally

‘Caspar Glyn QC considers the decision of C‑214/16 King v The Sash Windows Workshop Limited which was handed down today.’

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Cloisters, 29th November 2017


New Acts –

Posted December 8th, 2017 in competition, EC law, international law, legislation, treaties by Verity

European Union (Approvals) Act 2017

Advocate general backs UK pensioner in gender recognition pension case –

Posted December 7th, 2017 in EC law, married persons, news, pensions, transsexuals by sally

‘A UK law requirement that a transgender woman annul her marriage before she is entitled to a full gender recognition certificate is unlawful to the extent that it impacts on state pension entitlement, an EU legal adviser has said.’

Full Story, 6th December 2017


Brexit: UK fails to retain voice in European court of justice – The Guardian

Posted December 7th, 2017 in barristers, courts, EC law, news by sally

‘Theresa May has failed to get the EU to agree that Britain will retain a voice at the European court of justice in return for her concession that the Luxembourg court will retain a role in protecting citizens’ rights in the UK after Brexit.’

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The Guardian, 7th December 2017


The Trade Bill – renegotiation and renewal of EU trade agreements after Brexit – in this new constitutional territory more Parliamentary scrutiny is urgently needed – Brexit Law

Posted December 7th, 2017 in agreements, bills, EC law, news, parliament, select committees, treaties by sally

‘The lack of adequate Parliamentary scrutiny when the UK negotiates trade agreements (something it has not done in its own right for many years) has come to the attention of the House of Commons International Trade Committee. This is timely given the prospect of the UK negotiating the single most important trade agreement it is likely to negotiate for a long time – its future trade agreement with the EU. The context for the Committee’s concern is its inquiry into the Trade Bill. One of the issues which the Bill addresses is the domestic implementation in the UK of those EU trade agreements which are adapted for continued application by the UK after Brexit. The Committee has asked whether Parliamentary scrutiny of ministerial rules implementing these agreements is adequate, and, more broadly, whether scrutiny of the UK signing up to these and other trade agreements, is adequate.’

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Brexit Law, 6th December 2017


Copyright-protected works will not be subject to new EU rules on ‘geo-blocking’ –

Posted December 6th, 2017 in copyright, EC law, internet, legislative drafting, news by sally

‘Online service providers in the EU will not face new obligations to make their copyrighted content available to customers to access when they are visiting other EU countries after proposed new EU laws were watered down.’

Full Story, 4th December 2017


UK admits that Investigatory Powers Act needs updated to comply with EU law –

‘The Investigatory Powers Act needs to be updated if it is to comply with EU law, the UK government has admitted.’

Full Story, 1st December 2017