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Could a timely PIA have helped save the Royal Free from falling foul of data protection laws?
07 July 2017For many organisations, the acronym PIA represents a Painfully Inconvenient Ask (if not something far less polite). But Privacy Impact Assessments are set to be a key way of meeting the General Data Protection Regulation’s accountability requirement, and their importance is illustrated by the outcome of a recent investigation by the Information Commissioner’s Office.
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Time to add more defendants?
21 April 2017In a recent decision the Court of Appeal has had to decide whether a claim for accessory liability against various companies was time barred. Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) Anor v Sandoz Ltd & Anor [2017] EWCA Civ 22.
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Brexit part 3 - this time it’s temporary
27 July 2018While nothing in British politics should surprise us any more, the timing of the Government’s latest White Paper on Brexit – unveiled the day before Parliament broke up for the summer – seems to have caught out many MPs as well as the media.
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Hong Kong court finds that pilot’s “standby” time did not constitute as rest days for the purposes of the Employment Ordinance
17 December 2021In the case of Breton Jean v. 香港麗翔公務航空有限公司 (Hk Bellawings Jet Limited) [2021] HKDC 46, the Court found that the employer had failed to provide rest days to the employee as they had been expected to have a degree of flexibility during their standby period.
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Hong Kong Government tightens laws on Occupational Retirement Schemes
20 May 2019A bill to amend the Occupational Retirement Schemes Ordinance (Cap. 426) (the “Ordinance”) was introduced to the Legislative Council on 17 April 2019. The bill aims to: ensure there is a genuine employment relationship for participants in an occupational retirement scheme; and enhance enforcement powers of the Mandatory Provident Fund (“MPF”) Schemes Authority which acts as the Registrar of Occupational Retirement Schemes.
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Tier 1 (Investor) applications are still being accepted but changes to the Immigration Rules have been announced
12 December 2018The Home Office has confirmed to the Immigration Law Practitioners’ Association on 11 December 2018 that the Tier 1 (Investor) route currently remains open but that a further announcement on this will be made in due course. The correspondence also confirms that any suspension of the route will be effected through a Statement of Changes in Immigration Rules. This follows reporting by various news outlets including the Times and The Guardian on Thursday last week that the route was to be suspended as of the end of that day.
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“Settled Status” and supporting employees through Brexit
04 October 2018Following the Government’s announcement of its plan for EU migrants following Brexit, many UK employers are struggling to understand the potential effects of its proposal on employees who are EEA nationals or family members of EEA nationals.
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Brexit - Some thoughts on the impact on financial services
05 August 2016On 23 June 2016, 52% of voters in the UK referendum voted ‘Yes’ to the proposition that the UK should ‘leave the European Union’. The UK remains a member of the European Union (“EU”) until Brexit occurs, and therefore there will be no immediate change to the legal relationship the UK has with the EU and with individual EU Member States. Nonetheless, as the other articles in this briefing section indicate, the longer-term consequences of leaving the EU are potentially far reaching, although behind the already well-worn cliché of “Brexit means Brexit” lie many possibilities for the future relationship of the UK with the EU.
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Naughty pics and controversial clicks - new guidance on hyperlinks to third party content
09 September 2016The Court of Justice of the European Union yesterday released its judgment in GS Media v Sanoma, which is the latest in a series of judgments on the legality of posting links to third party content on the internet.
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How should hospitality employers deal with third-party harassment at Christmas parties?
17 December 2018“Christmas time is here by golly; disapproval would be folly; Deck the halls with hunks of holly, fill the cup and don’t say when”, as the legendary American satirist Tom Lehrer once sang. But Christmas party season can be a mixed blessing. The day after the office party, you will find many HR managers bracing themselves to hear what happened the night before…
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Sports Q&A – Corporate governance - key things to know
29 June 2018I’m taking on an in-house role with a professional sports team and will have responsibility for ensuring the board meets its corporate governance requirements. What are some of the key things I should know?
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The one thing that is settled in the Brexit deal - Settled Status System for EEA nationals testing phase results
13 November 2018Whether we have a Brexit deal on 29 March 2019 or not, the UK is more than likely to be going full steam ahead with the Settled Status System (“SSS”). Largely because there are no realistic options for a new system at this stage; all the time and money available has already been invested into the SSS. The Home Office themselves are the first to admit this and assure anyone that asks, that they can be fairly certain to rely on the SSS going ahead regardless.
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Retail therapy: Commission publishes preliminary report on the e-commerce sector
19 September 2016The European Commission has released its long-anticipated preliminary report as part of the inquiry into e-commerce launched in May 2015. The report will be of interest to any businesses involved in e-commerce, and particularly those involved in online retail and distribution of digital content. This note focuses on the implications for those involved in the manufacture, distribution and retail of consumer goods.
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Electronic signing: is the pen still mightier than the keyboard?
30 November 2016Chances are you use an electronic signature (e-signature) every day. Typing in a pin number or using a bank security token to create an identifying code are both forms of e-signature used by businesses and consumers on a daily basis.
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Employment law in Thailand – an overview
01 December 2020Despite several years of relative political uncertainty, the business climate in Thailand continues to be positive and welcoming to foreign investment. The country’s participation in the recently established Association of Southeast Nations (ASEAN) Economic Community can only be expected to continue this trend. This in-brief provides a snapshot of the key aspects of employment law in Thailand.
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Are employees in Hong Kong required to take Covid-19 tests? Key employer considerations
01 September 2020In order to detect and cut any invisible transmission chains of COVID-19 in the community, the Hong Kong Government launched the Universal Community Testing Programme (the “UCTP”) on 1 September 2020, providing one-off free testing services to all Hong Kong residents.
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Making a termination payment after 5 April 2018? Read this!
07 February 2018Income tax and national insurance contributions (“NICs”) must be paid on all payments in lieu of notice (“PILONs”) with effect from 6 April 2018.
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Short-term lettings
08 November 2016If you are looking for new short-term premises for your business, did you know that there are actually a whole range of legal forms a short-term letting can take? This Inbrief sets out the different options available for short-term occupation of business premises and considers the advantages and disadvantages associated with each.
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Tenants still can’t assign to their guarantors
07 July 2017There are often very good reasons why a lease would be assigned to a guarantor (e.g. corporate restructuring or the tenant’s insolvency). However, a case in 2016 - EMI Group Ltd v O & H Q1 Ltd - decided that such an assignment would be void at law, even if all parties agreed to it.
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Landlord & Tenant Act 1954 - The Basics
27 June 2017Part II of the 1954 Act is perhaps the most important legislation governing commercial premises. The provisions of Part II of the Act were substantially amended with effect from 1st June 2004 and did away with many of the tactical manoeuvres that were available under the old regime.