GDPR – the golden opportunity behind the administrative nightmare – Hardwicke Chambers

Posted October 20th, 2017 in data protection, EC law, news, privacy by sally

‘Olive Cooke. You may not recall her name but you may remember the terrible story of the little old lady driven to take her own life partly as a result of being pursued relentlessly for donations by various charities who had obtained her contact details directly or indirectly.’

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Hardwicke Chambers, 6th October 2017

Source: www.hardwicke.co.uk

UK withdrawal bill ‘rips the heart out of environmental law’, say campaigners – The Guardian

Posted October 18th, 2017 in bills, EC law, environmental protection, news by sally

‘The cornerstones of wildlife and habitat protection have been quietly left out of the withdrawal bill ripping the heart out of environmental law, campaigners say.’

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The Guardian, 17th October 2017

Source: www.theguardian.com

Cormac Mac Amhlaigh: Can Brexit Be Stopped under EU Law? – UK Constitutional Law Association

‘Ominous clouds are gathering and the terrain underfoot increasingly resembles a quagmire on the Brexiteers’ ‘sunlit uplands’. The latest reminders that the reality will be significantly different from their utopia of a prosperous global Buccaneering Britain has come in the form of a trade dispute between the U.S. and a Canadian aircraft manufacturer which could have a devastating impact on the Northern-Irish economy where the manufacturer has a significant base; and the threat from a gang of countries that they will not accept a proposed agreement (one of the few agreements for now) between the EU and UK as to the divvying up of agricultural import quotas after Brexit. Perhaps most galling on this front is the fact that the gang involves those with whom it was hoped trade deals would be swiftly struck; including the U.S. and New Zealand.’

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UK Constitutional Law Association, 10th October 2017

Source: ukconstitutionallaw.org

FRAND – NIPC Law

Posted October 9th, 2017 in competition, EC law, inventions, licensing, news, patents, public interest, standards by sally

‘FRAND stands for “fair, reasonable and non-discriminatory”. It refers to the terms upon which the owner of a patent for an invention that is essential to a standard (“standard essential patent” or “SEP”) should license its use.’

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NIPC Law, 8th October 2017

Source: nipclaw.blogspot.co.uk

Brexit and the Irish Bar – Brexit Law

‘The Brexit vote has opened a Pandora’s box of uncertainties for UK lawyers, not least the issue of how leaving will affect their rights to practise in the EU.’

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Brexit Law, 6th October 2017

Source: brexit.law

Foster carer fights for workers’ rights – BBC News

‘A foster carer is launching a legal claim to argue for workers’ rights for people in her role.’

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BBC News, 9th October 2017

Source: www.bbc.co.uk

Merris Amos: Red Herrings and Reductions: Human Rights and the EU (Withdrawal) Bill – UK Constitutional Law Association

Posted October 4th, 2017 in bills, EC law, human rights, news by sally

‘When Parliament resumes next week, the EU (Withdrawal) Bill will be entering its Committee stage in the House of Commons. Whilst a variety of issues were raised during the Second Reading debates, the treatment of the EU Charter of Fundamental Rights caused particular concern. The purpose of this post is to clarify the status granted by the Bill to the human rights protected by the Charter after exit day, and to consider how the human rights protected by the Charter might continue to enjoy effective protection when retained EU law is converted into domestic law.’

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UK Constitutional Law Association, 4th October 2017

Source: ukconstitutionallaw.org

FCA chief calls for continued cooperation in financial sector post-Brexit – OUT-LAW.com

Posted October 3rd, 2017 in EC law, financial regulation, news, treaties by sally

‘The chief executive of the UK’s Financial Conduct Authority (FCA), Andrew Bailey, has called for close cooperation between regulatory bodies to ensure continuity of service for financial institutions after Brexit.’

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OUT-LAW.com, 2nd October 2017

Source: www.out-law.com

The case of the missing mandate – New Law Journal

Posted October 3rd, 2017 in constitutional reform, EC law, news, referendums, treaties by sally

‘David Wolchover contends that there is no mandate for the UK to be taken out of the EU & considers how the European Parliament may force a further referendum.’

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New Law Journal, 8th September 2017

Source: www.newlawjournal.co.uk

Data law: don’t expect a soft start, lawyers warned – Law Society’s Gazette

‘Any hope that a tough new data protection regime will be enforced lightly at first were dashed this week by a senior figure at the Information Commissioner’s Office (ICO). The EU General Data Protection Regulation (GDPR) comes into force on 25 May next year, regardless of domestic legislation currently before parliament.’

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Law Society's Gazette, 29th September 2017

Source: www.lawgazette.co.uk

House of Lords committee to look into need for Brexit transition deal – OUT-LAW.com

Posted September 29th, 2017 in EC law, inquiries, international relations, news, select committees, speeches, treaties by sally

‘A House of Lords committee is to examine the legal basis for, and potential costs to the UK of, a time-limited Brexit transitional period.’

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OUT-LAW.com, 28th September 2017

Source: www.out-law.com

Oliver Butler: The Data Protection Bill and Public Authority Powers to Process Personal Data: Resurrecting Clause 152 of the Coroners and Justice Bill 2009? – UK Constitutional Law Association

Posted September 28th, 2017 in bills, data protection, EC law, local government, news, public interest by sally

‘The Data Protection Bill currently before Parliament substantially resurrects the controversial clause 152 of the Coroners and Justice Bill 2009. Careful scrutiny of this provision is needed and it must not be lost in the legislative morass as the UK grapples with data protection reform.’

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UK Constitutional Law Association, 28th September 2017

Source: ukconstitutionallaw.org

High Court rejects legal challenge to urban extension – Local Government Lawyer

Posted September 22nd, 2017 in EC law, judicial review, local government, news, planning, pollution by sally

‘Two campaigners have failed to win permission from the High Court for judicial review of a planned urban extension to Canterbury on air quality grounds.’

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Local Government Lawyer, 21st September 2017

Source: www.localgovernmentlawyer.co.uk

General Data Protection Regulation (GDPR) Series, Part 3 – GDPR consent and fair processing – Technology Law Update

Posted September 20th, 2017 in consent, data protection, EC law, news, regulations by sally

‘Every data processing activity requires a lawful basis. Such lawful basis may be provided directly by law, or by consent granted by the data subject, both according to the statutory requirements set out in the Directive 95/46/EC and, importantly, national data protection laws. This general principle remains unchanged under the GDPR, however, the new Regulation provides for new or additional requirements for such consent to be a lawful basis for processing and transfer of personal data.’

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Technology Law Update, 14th September 2017

Source: www.technology-law-blog.co.uk

General Data Protection Regulation (GDPR) Series, Part 2 – the importance of self-assessment – Technology Law Update

Posted September 20th, 2017 in data protection, EC law, news, regulations by sally

‘In any major project there is an analysis phase – involving a careful examination of your organisation’s current set-up and what needs to be done to deliver the project successfully. Preparing for the GDPR is no exception. Depending on the structures and practices of your organisation, compliance could require a significant allocation of resources to ensure that you are ready by the implementation date: 25 May 2018.’

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Technology Law Update, 15th June 2017

Source: www.technology-law-blog.co.uk

FCA moves to clarify scope of regulation of account information services under PSD2 – OUT-LAW.com

‘Service providers that help other businesses to pool information from different payment accounts on behalf of customers will not be subject to regulation under new UK payment services laws if they do not deliver the aggregated data to the customer themselves, the Financial Conduct Authority (FCA) has confirmed.’

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OUT-LAW.com, 19th September 2017

Source: www.out-law.com

Software tools can benefit from VAT exemption, rules UK Tribunal – OUT-LAW.com

Posted September 19th, 2017 in computer programs, EC law, news, tribunals, VAT by tracey

‘A software tool can qualify for a VAT exemption, the UK’s First Tier Tribunal has ruled, rejecting arguments from HMRC that the provision of IT tools cannot benefit from an exemption in the EU VAT Directive.’

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OUT-LAW.com, 18th September 2017

Source: www.out-law.com

The Data Protection Bill: some initial observations – Panopticon

Posted September 18th, 2017 in bills, consent, data protection, EC law, internet, legal language, news, penalties by tracey

‘Parliament on Thursday 14 September. But to digest it in full, one needs time, commitment, and coffee. It is not a straightforward read. It seeks to implement the GDPR in full and in Brexit-proof fashion, to plug the gaps that the GDPR requires member states to fill, and also to apply a GDPR-like regime to areas of data processing that are not covered by the GDPR itself. The Bill is of course liable to change in the coming months, but here are some observations and highlights in the meantime.’

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Panopitcon, 18th September 2017

Source: panopticonblog.com

Why Isn’t Fat Shaming Officially Discrimination in Law? – Rightsinfo

Posted September 18th, 2017 in disability discrimination, EC law, equality, human rights, legislation, news by tracey

‘When people complain about mistreatment at work or school based on their weight, many of us feel great sympathy, so why isn’t weight discrimination unlawful in the same way as racism, for example, or gender discrimination?’

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Rightsinfo, 18th September 2017

Source: rightsinfo.org

Aarhus costs cap challenge succeeds – UK Human Rights Blog

‘RSPB, Friends of the Earth & Client Earth v. Secretary of State for Justice [2017] EWHC 2309 (Admin), 15 September 2017, Dove J. In my March 2017 post here, I explained that amendments to the costs rules for public law environmental claims threatened to undo much of the certainty that those rules had achieved since 2013. Between 2013 and February 2017, if you, an individual, had an environmental judicial review, then you could pretty much guarantee that your liability to the other side’s costs would be capped at £5,000 (£10,000 for companies) if you lost, and your recovery of your own costs would be limited to £35,000 if you won. In this way, the rules sought to avoid the cost of such claims becoming prohibitively expensive and thus in breach of Art.9(4) of the Aarhus Convention.’

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UK Human Rights Blog, 16th September 2017

Source: ukhumanrightsblog.com