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Benjamin Favaro

Benjamin FavaroSenior Associate

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I am an Australian qualified lawyer and Certified Information Privacy Professional (CIPP/E).

Data Protection and Privacy

I specialise in advising on data protection in the workplace and am a member of the Ius Laboris Data Privacy Expert Group. Specifically my data protection experience includes:

  • Advising on Brexit implications for data protection and data transfer compliance obligations.
  • Managing employer responses to data subject access requests (DSARs) in particular where a DSAR is made in the context of another underlying workplace dispute such as a grievance or an unfair dismissal or discrimination claim.
  • Drafting GDPR compliant employment documentation including workplace privacy notices, data protection policies, data breach notification protocols and data retention policies.
  • Reviewing and advising on data processing agreements such as supplier/vendor contracts involving the processing of employee personal data (e.g. contracts for payroll services providers, pension providers and other employee benefit providers).
  • Providing urgent advice on personal data breaches and security incidents including advising whether notifications to the data protection regulator and/or data subjects are required.
  • Advising on employee monitoring and privacy issues under the GDPR, the European Convention and the Human Rights Act.
  • Managing multi-jurisdiction data protection projects including multi-national intragroup data sharing arrangements, contract change implementation and group-wide data protection policy updates.
  • Conducting GDPR training at management or executive level for UK companies and US based companies with an EU presence.

Employment

Having practiced employment law extensively in Australia, I have experience in advocacy in Australian courts and tribunals, employment advisory in corporate transactions and day-to-day HR advisory. I also have experience defending employers in workplace health and safety prosecutions, union right of entry disputes and in employment discrimination claims.

My employment law experience includes:

  • Drafting employment contracts including C-level contracts, employment policies and collective agreements.
  • Acting for employers in enforcing the terms of employment contracts against former employees including instructing and working closely with senior counsel, taking affidavits and drafting court documents, providing ongoing strategic advice to clients and ultimately negotiating and documenting the terms of settlement.
  • After initial enquiries were made by a regulator, advising a cleaning contractor company on employment compliance issues including contractor/employee issues, employee benefits, superannuation and taxation obligations.
  • Defending unfair and unlawful dismissal applications in the employment tribunal and courts, including appearing before the full-bench of the Australian employment tribunal.
  • Advising a national client on transfer of business issues arising out of its proposed multi-million dollar acquisition of a logistics group. The complex transaction combined both share sale and asset sale elements, with each component of the sale affecting employees differently.
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