What You Need to Know about the New EU General Data Protection Regulation?

The new General Data Protection Regulation (GDPR) is a piece of legislation that will seriously affect every organisation in different ways, yet more than half of European companies are not aware of the new Regulation coming into force in May 2018.

What is the GDPR all about?

The GDPR is a Regulation aiming to strengthen, standardise and unify the rules concerning data protection and data processing. The Regulation will be directly applicable throughout the EU from 25 May 2018, without requiring implementation by the EU Member States through national law. The Regulation aims to:

• harmonise the current legal framework, which is fragmented across Member States;
• return control over personal data back to the users; and
• introduce new Data Protection Officers to supervise the storage and processing of personal data.

Does it affect me?

Most likely, yes. You may not be aware of that, but almost every modern app, website an online service involves personal data processing. This is why under current data protection laws everyone responsible for using data has to follow strict rules called ‘data protection principles’.

Come May 2018, this may not be good enough.

If you use personal data in any capacity — by storing it, transferring it, analysing it or even simply holding it to carry out an online transaction — you will be dealing with data processing.

What is the new Data Protection Officer (DPO) and do I need one?

The GDPR requires companies to nominate a data protection officer (“DPO”) under certain circumstances. Thus even a relatively small start-up may need to nominate a DPO if their core activities involve “regular and systematic monitoring of data subjects on a large scale” or consist of “processing on a large scale of special categories of data” (as per article 37 of the GDPR).

There is no legal requirement for a DPO to hold any official qualifications but they are expected to have reasonable knowledge and experience to fulfil their duties.

The DPO will need to ensure that the data is stored properly and that the business complies with the data protection rules and regulations.

What do I have to tell my customers?

The GDPR requires that companies give certain information to individuals about the processing of their personal data. Examples of this type of information include the identity of the company processing their data, and the contact details of the relevant DPO, where applicable.

In addition, customers will need to be informed of the legal basis for such processing. Individuals will have much greater say in determining how their data may be lawfully used, with active rights to change consent based processing and rights to object to processing based on “implied” rights (i.e. legitimate interests). You’ll have to allow for the consent to be withdrawn at any point, and the security and privacy settings to be set to the high level by default. Your users will also be able to request that all their data be erased from your databases and services.

You will also have to tell your users about any data security breach, as well as inform the regulator about it.

The rules on transferring data to other organisations, or outside Europe are stringent and require the controller to take full responsibility for proper and secure handling supported by effective due diligence and contractual measures.

The changes introduced by the GDPR will ultimately require a substantial review of privacy policies and statements, which will include any contracts that you might have with sub-contractors who process personal data on your behalf (such as cloud service providers).

What do I need to know?

Start documenting your data processing practices. Start defining the categories of data, the purpose of the data and who has responsibility for the data.

Everything from a simple loyalty card app to a multi-layered customer profiling systems will have to closely trace what is happening with every piece of data.

Even if you are not obligated to nominate a DPO at present, it might still make sense to nominate a member of your staff internally as soon as possible, as doing so will help to focus implementation and drive accountability.

Start thinking about potential risk areas. The GDPR implements the so-called risk-based approach, which means that the greater the risks posed to the privacy rights of individuals, the more safeguards and transparency will be needed.

Now, many apps simply take the required user data and process it in a variety of different algorithms, putting chunks of data into a number of databases (e.g. for sales, user profiling, purchasing behaviour, statistics or usage history).

All organisations will be expected to promote privacy and data protection compliance from the start when creating new products and services. Privacy impact assessments must be carried out as a matter of routine, especially when considering new arrangements that may involve handling sensitive data fields, or large volumes of personal data.

What if I’ve got any questions?

We’re here to help! The new Regulation will require major changes and substantial data protection review. It will affect almost all businesses in the UK and across Europe, with some global ramifications for international companies based here.

We understand that this may be a daunting process and that is why you should start preparing for the GDPR early. Our team can assist you in preparing for the Regulation. We can carry out a privacy impact assessment for your organisation, help you develop effective organisational controls and governance structures and draft all the necessary data processing documentation required by the GDPR enabling you to achieve compliance with the GDPR.

 

The Legal Stop

Request a Template at No Extra Cost & 100% Money Back Guarantee

Do you know that if you can’t find the template you are looking for we can always draft it for you? Yeah that is right, if we don’t have the template you are looking for you can request it and we will draft it for you at no extra cost & 100% money back guarantee. What are you waiting for? Send us a REQUEST

MoJ Announces Resettlement Jails to Release Prisoners Close to Home

Due to the new plans of the MoJ, while still serving their sentences, male prisoners would have the right to be moved close to the place where they live.

By the autumn of 2014 most male prisoners have to be moved into new “resettlement jails” created from old already existing prisons.

This change will be in force for those prisoners who are sentenced to 12 months less. Others with longer sentences will go to resettlement jails not earlier than three months before they are released.

Justice Secretary Chris Grayling announced that the aim of the proposed changes is to help prisoners in their rehabilitation process. After they are released, they might need to start their own business, which requires a wide variety of business document templates and of course if they are willing to employ people, many employment documents should take place.

“Rehabilitation in the community must begin behind the prison walls and follow offenders out through the gates if we are to stand a chance of freeing them from a life of crime,” he said.

MoJ stated that the number of prisons releasing adult male prisoners is currently 100 and the expected number for the future is 11.

According to Paul McDowell, the proposed changes were good but there were still many things, which had to be done.

In his opinion, jails were not the best option for people serving short sentences. He considers they might improve their behaviour being in the community.

“But putting communities at the heart of the criminal justice system through the development of resettlement prisons is a step in the right direction.”

Shadow justice secretary Sadiq Khan, on the other hand, expressed her doubts about the effectiveness of the plans. She mentioned nobody had said how will the reorganization of the prisons be funded.

Later this year will become clear if women’s prisons will be included into a similar scheme.

.

 

David Cameron ‘warned he cannot stop pay rise for MPs’

BBC found out that the Prime Minister David Cameron will most probably not succeed to block plans for a big pay rise for MPs.

The salaries of the backbench MPs’ are expected to increase from £66,000 to more than £70,000.

PM did not agree with these plans but he could do nothing to stop these.

In the words of the BBC’s political editor the recommendation of the Independent Parliamentary Standards Authority’s (Ipsa) would make voters angry because the time was such of pay restraints in the public as well as in the private sectors.

Later this month Ipsa is going to announce its initial recommendations. Before it publishes them. MPs and members of the public would be given the possibility to participate in a consultation and right after it finishes the final plans would come into force.

Several newspapers published that the expected increase of backbench MPs salaries is of 15%. Obviously many business documents will be signed before we see it working, but let`s see what the PM thinks.

Speaking in Pakistan, Mr Cameron said:

“Anything would be unthinkable unless the cost of politics was frozen and cut, so I’ll wait and see what Ipsa have to say. What I said to Ipsa was that restraint is necessary.”

Nick Robinson said that in case the government decided to ignore Ipsa’s recommendations MPs would not support its decision.

Last year the Commons agreed to extend the pay freeze into 2013.

However, due to an anonymous online survey 69% of the MPs who were asked were underpaid. They suggested an average salary of £86,250.

Former Labour minister and chairman of the Home Affairs select committee Keith Vaz said: “The last thing on earth MPs should be talking about is their own pay.”

 

David Cameron: Intelligence Agencies Work within Law

According to PM David Cameron intelligence agencies operate within the law.

There are allegations that certain agencies have gathered and shared phone records and internet data.

It is still not confirmed or denied if GCHQ had been given access to a US spy programme called Prism but America’s National Security Agency and the FBI are expected to get access to the systems of Google, Facebook, Skype, Microsoft and some other of the world’s top internet companies. They all said they would not give the US government access to their servers.

Mr. Cameron stated that UK’s intelligence agencies kept people safe as at the same time operated within the law. The Legal Stop also keeps their clients safe and helps them find a wide variety of business documents, corporate documents, employment documents and HR documents.

In the words of Conservative MP Sir Malcolm Rifkind due to the British law such agencies need to get ministerial authority so that they get the opportunity to look at the content of the emails of British citizens.

An increase of 137% was registered for the intelligent reports GCHQ did in the 12 months to May 2012.

However, the minister with responsibility for GCHQ announced that UK citizens had nothing to worry about.

Shadow foreign secretary Douglas Alexander told Today: “These agencies do vital work for us week in and week out. But it’s also vital that the public have confidence that they are operating in a framework of legality.”

Conservative MP Dominic Raab shared his opinion that the happening changes influenced seriously the view of the people so public confidence would erode.

The Fourth Amendment to the US Constitution protects the content of people’s phone conversations.

Government officials may scoop up information on duration and timing of certain calls.

Mr. Obama announced surveillance programmes would protect the US from terrorist attacks

 

Ofgem to Receive New Powers After Fears of Energy Market Rigging

With the aim to stop the manipulation of the energy market the energy regulator Ofgem will receive new powers which will lead to lots of changes.

After many people expressed their concerns that providers and financial institutions may be rigging the energy prices, now Ofgem will be able to inspect company premises and obtain potentially incriminating data, including a wide variety of legal documents.

In case it finds something wrong it would be able to fine the perpetrators.

The energy and climate change secretary Ed Davey will soon announce the new powers to the Parliament. These come as a consequence of the Libor scandal where banks were misreported to lend to one another trying to rig the system.

This led to fears about similar manipulation in the energy markets where the prices of oil, gas and energy may also be rigged so that the speculators may earn money on the shoulders of the average consumer.

Many say that reports may show what the current situation is, but in fact they may also be counterfeited and in he end consumers are deceived again.

One of the price-reporting agencies received a report with false data so that Ofgem and the Financial Services Authority conducted an investigation.

According to the European Commission the Remit legislation has to be adopted till the end of this month.

In order to get all the possible details of any attempted market manipulation EC authorities would ask for reports from companies of their buying and selling activities relating to oil, gas and power.

 

Google’s Eric Schmidt ‘perplexed’ over UK tax debate

Google’s executive chairman Eric Schmidt stated that he was bewildered by the affirmation that according to the corporate documents, they did not pay proper amount of taxes.

Between 2006 and 2011 Google paid £10m in UK corporate taxes on revenues.

According to Mr. Schmidt the government had to change its tax systems, otherwise companies would never start paying more taxes.

Speaking on BBC Radio 4′s Start the Week, he said: “What we are doing is legal.

If the British system changes the tax laws then we will comply. If the taxes go up we will pay more, if they go down we will pay less. That is a political decision for the democracy that is the United Kingdom.”

On the other hand, Margaret Hodge, the head of the Parliamentary Public Accounts Committee, called for a new committee, which had to oversee the tax arrangements of major firms.

In her opinion, the committee had to hear evidence from companies in secret, so that they could not hide the affairs behind confidentiality rules.

European Union leaders gathered last week and took the decision to monitor the situation using information exchange.

The chairman of Google called for a debate on tax reforms claiming taxes had to be paid not only on revenues but on company’s profits.

“Our hope is to move the debate forward, with everyone engaged constructively in developing a clearer, simpler system – one in which companies that abide by the law know that the politicians who devised the rules are willing to defend and commend them.”

 

Elle Macpherson’s Ex-Adviser Drops Hacking Damages Claim

The claim that Elle MacPherson had handed in court against News Group Newspapers was abandoned by her former adviser. We are wondering if she has provided Elle with all necessary legal documents.

Mary Ellen Field Ms McPherson had decided to sue the publisher of News of the World, claiming that her relationship with Ms McPherson broke down because of the fact her voicemails were object of phone hacking.

According to the lawyers for News Group it could not be proved that the messages left from Ms Field had been hacked.

In 2003 Ms Field had been hired as a business adviser to Ms McPherson and after 11 alleged instances of leaking information to the press in 2005 she was dismissed from her job.

NGN’s lawyer Dinah Rose QC said: “The position is that there has never been any evidence at all that NGN hacked the claimant’s phone or hacked any other phone on which she had left a message, or that it has ever interfered at all in any way with her private information.”

Ms Macpherson was not the only victim of the private investigator Glenn Mulcaire, who got a sentence of about six months January 2007 for giving information from voicemail messages of famous people to NoW journalists.

During the inquiry Ms Field shared that Ms McPherson had suspected her of disclosing secrets from her private life to the press.

Ms Field was sent to a US rehabilitation centre because she was accused of being an alcoholic.

On Friday Augustus Ullstein QC, Ms Field’s counsel, announced that she had no other option but to discontinue.

There is a big chance that Ms Field faces a large bill for legal costs incurred by NGN.

 

 

Psychometric Test For Jobseekers Slammed

The psychometric test which was until now considered as a helpful one for job seekers to identify their strengths was directly called pointless (the job application form is still valid, though. )

The government’s Behavioural Insights Team made a questionnaire called My Strengths questionnaire with a number of statements to which the participants have to answer to what degree they agree with them. Among the mentioned are “I am easily bored” and “I have not created anything of beauty in the last year”.

The number of questions is 48. After them the respondents are given a summary of their five key strengths based on their answers. Good examples of these keys are let’s say “curiosity” and “originality”.

Later on the job seekers are proposed to think how these strengths could help them when searching job and invent at least one new way to use them everyday. For example how to use business document templates in a different way everyday.

No matter that the Department for Work and Pensions (DWP) stated that people’s attitude towards the test had been positive, shadow work and pensions secretary Liam Byrne said: “Ministers seem to have got jobseekers wasting time on mumbo-jumbo personality tests when they should be looking for work.”

The Guardian came out with an article talking about a single mother who was threatened by DWP that if she did not complete the questionnaire her jobseeker’s allowance would have to be withdrawn.

However according to the opinion of many bloggers if they answered “very much like me” on every question the final results would be the same as when “very much unlike me” is chosen every time.

A spokeswoman for the Cabinet Office tried to defend the test, stating that it had been tested in academic environment in the US.

 

 

The Universal Credit Benefits System is Now Being Tested

The new universal credit benefits system is now being tested in Greater Manchester. Many new legal document templates will be presented to the customers not only in Manchester, but to those from all over England.

Working people(those who have an employment contract) and those seeking work(who need a job application form) will not pay multiple separate benefit payments and tax credit but a single payout.

The scheme will start functioning across the whole country in October.

The expected results from the overhaul are simpler welfare system and assurance that people would be able to move off benefits and into work easily.

Work and pensions secretary Iain Duncan Smith said: “What we have to do is to start changing people, and that’s what this system is about.

“It’s about trying to help those who are the most vulnerable to get ready for the world of work, and that will improve their lives dramatically.”

Many people shared they were concerned because not everyone had access to the internet.

Others mentioned the fact that in most of the cases such complex computer systems are not as reliable as expected so things could go wrong.

Shadow work and pensions secretary Liam Byrne said he liked the idea but according to him it was late for such a scheme and it was over budget.

However, unions criticized the government strongly as it did not focus on creating more jobs but ‘demonising’ people who are out of work.

The Public and Commercial Services (PCS) union would stage a protest in Ashton-under-Lyne.

PCS general secretary Mark Serwotka said: “If Universal Credit was being introduced to genuinely make life easier for people entitled to benefits it would be commendable, but the Government’s pernicious language exposes its real intent is to demonise and punish them.”