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Hong Kong data protection: cross-border transfers of personal data

Published on 20 Jun 2022. By Jonathan Crompton, Partner and Andrea Randall, Partner

We take a closer look at businesses' obligations under Hong Kong law to protect personal data in a cross-border transfer and the new recommended model contractual clauses.

The summer of discontent?

Published on 31 Jul 2020. By Kelly Thomson, Partner, ESG strategy lead and Ben Roberts, Partner

What comes to mind when you hear the word "summer"? The unbridled joy of no more school for 6 whole weeks? Buckets, spades and wind-swept beaches? Perhaps the call of a sun-soaked tropical island? For most, summer means taking some time out to recharge and switch off.

ICO publishes updates to its guidance on Transfer Risk Assessments

Published on 17 Apr 2024. By Oliver Bray, Senior Partner

How will recent updates to the Information Commissioner’s Office’s (ICO) guidance on Transfer Risk Assessments (TRAs) affect how UK organisations conduct their TRAs?

Department for Science, Innovation and Technology consults on proposed data infrastructure statutory framework

Published on 17 Apr 2024. By Oliver Bray, Senior Partner

What statutory obligations could the Department for Science, Innovation and Technology’s (DSIT) proposed statutory framework impose on UK data centre providers?

ICO launches consultation series on generative AI and data protection

Published on 17 Apr 2024. By Oliver Bray, Senior Partner

What is the Information Commissioner’s Office’s (ICO) intended approach to developing guidance on how data protection law should be applied to the development and use of generative AI?

CJEU rules on what constitutes “automated decision-making” under the GDPR

Published on 17 Apr 2024. By Oliver Bray, Senior Partner

Does the production of a credit score constitute “automated decision-making” for the purposes of Article 22 of the EU General Data Protection Regulation (GDPR)? What wider impact will this have for AI technologies?

ICO warns UK’s most visited websites to improve cookie choices

Published on 17 Apr 2024. By Oliver Bray, Senior Partner

What steps is the ICO taking to ensure that website cookie banners are compliant with law?

ICO fines HelloFresh £140,000 after 7-month spam marketing campaign

Published on 17 Apr 2024. By Oliver Bray, Senior Partner

Where did HelloFresh go wrong with their email and text marketing campaign and what lessons can be learned from the ICO’s investigation and subsequent fine?

New ICO guidance on content moderation and data compliance

Published on 17 Apr 2024. By Oliver Bray, Senior Partner

How can organisations using content moderation technologies and processes best comply with data protection laws?

EDPB adopts opinion on “main establishment” of a controller in the EU

Published on 17 Apr 2024. By Oliver Bray, Senior Partner

What is meant by “main establishment” under article 4(16)(a) of the GDPR for the purposes of determining the application of the one-stop-shop mechanism?

New Development: EU Data Act published in Official Journal

Published on 17 Apr 2024. By Oliver Bray, Senior Partner

The EU Data Act (the Act) came into force on 11 January 2024. The Act sets out rules regarding the fair access to and use of data, aiming to enhance the data economy for individuals and businesses by overcoming barriers to data sharing and establishing frameworks around data access and use.

ICO issues preliminary enforcement notice against Snap for its “My AI” Chatbot

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

How can organisations who wish to join to the world of generative AI ensure that they adequately assess the risks from the perspective of the Information Commissioner’s Office (ICO)?

New Development: EDPB provides clarification on tracking techniques covered by the ePrivacy Directive

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

On 14 November 2023, the European Data Protection Board (EDPB) adopted a set of new guidelines (the Guidelines) on the technical scope of Article 5(3) of the ePrivacy Directive (the ePD).

ICO publishes guidance to ensure lawful monitoring in the workplace

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

How can employers monitor their workers whilst maintaining their trust and complying with data protection regulation?

Clearview AI cleared of £7.5m ICO fine for processing data outside the UK

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

Just how did the processing of personal data by Clearview AI (Clearview) fall outside the scope of UK GDPR?

ICO publishes its draft “Data Protection Fining Guidance” for public consultation

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

How will the Information Commissioner’s Office (ICO) calculate the amount of a fine under the UK GPDR and the Data Protection Act (DPA) 2018?

EU Advocate General’s opinion on data subjects’ rights to compensation for non-material damage under the GDPR

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

Does the theft of an individual’s sensitive personal data by a wrongdoer give rise to compensation for non-material damage under Article 82 EU General Data Protection Regulation (GDPR), if the wrongdoer has not used, or taken steps to use, the sensitive personal data for any purpose?

ICO updates its guidance on AI and data protection

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What are the key data protection principles which the Information Commissioner’s Office (ICO) expects organisations to follow when integrating AI into their product and service offerings?

The Work Couch: AI (Part 3): The role of emotional intelligence and AI's impact on wellbeing, with Jake Wall and Patrick Brodie

Published on 26 Jun 2024.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: AI (Part 2): Privacy, bias, and discrimination

Published on 13 Jun 2024.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

AI (Part 1): Impact on litigation, responsible use and the regulatory landscape

Published on 29 May 2024.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: Mental health at work (Part 4): Mental health first aid, with Simon Blake OBE

Published on 22 May 2024.

We are marking Mental health awareness week this month by devoting a four-part mini-series to mental health at work. In our concluding episode this week, Ellie is joined by Simon Blake OBE, Chief Executive at Mental Health First Aid England to explain the role of mental health first aid in the workplace.

The Work Couch: Mental health at work (Part 3): Protecting your employees' digital wellbeing, with Alice Hendy MBE

Published on 15 May 2024.

We are marking Mental health awareness week this month by devoting a four-part mini-series to mental health at work. This week, in part 3, Ellie is joined by Alice Hendy MBE, CEO and founder of charity R;pple Suicide Prevention to explain how employers can protect their employees' digital wellbeing.

The Work Couch: Mental health at work (Part 2): Implementing effective mental wellbeing measures, with Neil Laybourn

Published on 08 May 2024.

To mark Mental health awareness week this month, we are devoting a four-part mini-series to mental health at work. In part 2, Ellie is joined by the other key person from the incredible "Stranger on the bridge" story, Neil Laybourn, who on that fateful day in January 2008, stopped to talk to Jonny Benjamin, who was about to take his own life on Waterloo Bridge.

The Work Couch: Mental health at work (Part 1): Turning despair into hope, with Jonny Benjamin MBE

Published on 01 May 2024.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

Government "crackdown" on "gagging clauses" is not new, but an important reminder

Published on 29 Apr 2024. By Macaela Joyes, Associate

The use of confidentiality clauses and non-disclosure agreements (NDAs) by employers, whether as standalone agreements, or forming terms within employment contracts, settlement agreements, or COT3 agreements, has been subject to considerable scrutiny in the UK in recent years - despite existing professional obligations on UK regulated lawyers not to advance all-encompassing, unlimited NDAs.

The Work Couch: Whistleblowing (Part 3): 5 key challenges for employers in 2024

Published on 24 Apr 2024.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch - Addiction at work: Disciplinary or wellbeing issue?

Published on 10 Apr 2024.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

Whistleblowing (Part 2): How to approach whistleblowing complaints

Published on 27 Mar 2024.

In part 2 of our mini-series on whistleblowing, Ellie Gelder is joined by Sybille Raphael, legal director at whistleblowing charity Protect, to explain how employers can approach whistleblowing complaints proactively and effectively.

The Work Couch: Exploring the cost of untapped talent: Social mobility

Published on 13 Mar 2024.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: Social washing: Avoiding the pitfalls

Published on 28 Feb 2024.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

Whistleblowing (Part 1): A whistlestop tour of the law

Published on 14 Feb 2024.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: Trans inclusion at work: how to be a good ally

Published on 31 Jan 2024.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: What's on the horizon for employment law in 2024?

Published on 17 Jan 2024.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: 12 days of Christmas - A look back at 12 key employment law developments from 2023

Published on 13 Dec 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

Reforms to working time record-keeping, holiday pay and entitlement, and TUPE consultation

Published on 28 Nov 2023. By Patrick Brodie, Partner and Charlotte Bray, Associate

The government has issued its response to the consultation on reforms to retained EU employment law proposed earlier this year.

Menopause discrimination: Where are we now?

Published on 16 Nov 2023. By Ellie Gelder, Senior Editor Employment & Equality and Kelly Thomson, Partner, ESG strategy lead

October heralded an important legal first when a Leicester employment tribunal began hearing the case of Rooney v Leicester City Council. It is the first case where a person's menopausal symptoms have been deemed by an appeal court to potentially amount to a disability for the purposes of the Equality Act 2010.

The Work Couch: Pregnancy loss and work (Part 2): How to support your people effectively

Published on 11 Oct 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: Performance issues in a redundancy situation

Published on 04 Oct 2023.

Welcome to our recently launched podcast, The Work Couch. In this series, we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: Bereavement at work

Published on 20 Sep 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

Adjusting your recruitment process for a candidate with a disability: What is reasonable?

Published on 18 Sep 2023. By Ellie Gelder, Senior Editor Employment & Equality and Charlotte Reid, Senior Associate

The Employment Appeal Tribunal (EAT) has held that a failure to make enquiries into a job applicant's disability amounted to a failure to make reasonable adjustments.

The Work Couch: Reforms to employment rights for parents and carers: Where are we now?

Published on 07 Sep 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: Fertility challenges and work (Part 2): How to support your people

Published on 26 Jul 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

Fertility challenges and work (Part 1): A partner's perspective

Published on 19 Jul 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: Business protection (Part 2): Supporting and retaining senior talent

Published on 12 Jul 2023.

An introduction to TUPE (Part 2): The TUPE journey

Published on 29 Jun 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: Pregnancy loss and work (Part 1): Does the law reflect expected work cultures?

Published on 14 Jun 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: Sexual harassment in a post #MeToo era – (Part 2) with Macaela Joyes

Published on 31 May 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: Business protection (Part 1): When a senior executive leaves

Published on 17 May 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

Senior executive leaving? Six steps to protect your business

Published on 17 May 2023. By Patrick Brodie, Partner and Ellie Gelder, Senior Editor Employment & Equality

When an executive or key strategic employee departs your organisation, protecting your organisation's business interests is paramount.