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

Justice Minister To Call For Magistrates To Take Larger Role

In a speech to magistrates justice minister Damian Green will defend the view that more had to be done so that magistrates become as useful as they have to be.

He will try to assure them that whenever cases are heard in the appropriate courts they run easier and with fewer problems.Do you know that The Legal Stop now offers court representation service?

Mr. Green will also mention the fact that a magistrate could sentence four out of ten defendants sent to the crown court.

“Around 40% of defendants that are convicted in magistrates courts and then committed to the crown court for custodial sentences receive no more than six months’ imprisonment,” he will say. “These are cases which magistrates could have sentenced; no, these are cases which magistrates should have sentenced; they already have the skills, capability and powers to do so.”

Such a change would contribute to the plan of the government to make UK courts work more efficiently.

Other part of the reforms will be the introduction of dedicated traffic courts, the aim of which will be to attend low-level traffic offences.

He is at the opinion that three magistrates should not lose their time for people who even do not turn up at court in the end. The proposal of Mr. Green is that an office and only one magistrate are just enough in similar cases.

Before the speech he shared his view that nowadays magistrates dealt with cases with are below their standards and potentialities.

“They volunteer to give their skills, expertise and time for the good of others, for nothing. We are lucky to have them, and we should be proud of them.”

 

Police To Tackle Sexual Harassment On London Public Transport

Police in London urged the great number of victims of sexual harassment to report the incidents each time they happen.

They are going to do everything possible in order to stop or at least decrease the rate of such experiences and this is why 2,000 of the London police officers have received training in dealing with sexual offences.

They will watch carefully buses, underground and overground trains where sexual harassment do happen most often.

As travelers in the London’s transport system have made complaints that they were not feeling safe enough, this project will now provide up to 180 officers on the stations across London.By the way have you checked our Anti-bulling and harassment policy?

Sexual harassment was the thing, they mentioned most often and shared they were afraid of it.

Most of the victims of such incidents do not even report them as they are sure police will not do anything in order to help them.

According to Ricky Twyford, an inspector who is managing the project, its aim was to encourage women speak up about these incidents.

“We hope this will send a message to everyone that we will not tolerate this behaviour,” Twyford commented. “We want women to feel confident that they will be listened to and their complaints will all be taken seriously.”

The national End Violence Against Women coalition, Everyday Sexism, and international movement Hollaback were drafted in assistance of the project.

This project is expected to take action against any perpetrators and at the same time to establish the scope of the problem and help its salvation.

 

Youth Crime Commissioner Busted For Offensive Tweets

Racist and homophobic slurs were discovered earlier this week on the Twitter timeline of Britain’s inaugural youth crime commissioner.

Her name is Paris Brown and she is 17 years old. For £15,000 a year she should try to improve the communication between young people and police.W wonder if she is familiar with the employment documents required for 17-year olds?

Unfortunately it turned out that Ms Brown had posted unsavory things on her Twitter earlier this week. These included topics about sex, drugs and drinking. From a legal perspective – nothing unforgivable, however was she right to write thinks like these?

When applying for this position Ms Brown competed with 164 other candidates.

The person who first mentioned about this position and was ready to pay £5,000 of the salary from her own wage shared she had thought that the appointment of Ms Brown had been a good decision.

“I was not recruiting an angel, and I was not recruiting a police officer,” said Ms Barnes. “I was recruiting a young person, warts and all.

This is the main reason why she believed there was no way that they could find a young person who had never said anything foolish and offensive and felt sorry for it later.

Before being given this position Paris passed police vetting procedures but they did not find out anything about the teenager’s social media presence.

Many complaints were received on Monday so now police investigates this case.

In the words of Ms Brown this furor about her tweets would prevent her from carrying out her duties.

“I strongly reiterate that I am not racist or homophobic,” she added. “I have fallen into the trap of behaving with bravado on social networking sites. I hope this may stand as a learning experience for many other young people.”

 

 

 

More Legal Aid Cuts – New Changes Planned

As the government aims at slashing a further £220m from the cost of criminal legal aid today they launched a new consultation.

It turned out that the legal aid changes introduced by the LASPO Act were not enough so now the government is about to put forward plans according to which the access of prisoners to legal aid will be more limited and people with income of over £37,500 will not receive legal aid automatically. The good news is that The Legal Stop will continue to supply you with high quality employment documents.

The new plans will make convicted criminals repay the costs for their defense with deductions from the money they are going to earn in future, in case they work in accordance with the employment legislation and have an employment contract.

Justice Secretary Chris Grayling said of the notion: “Those who live outside the law should pay the consequences both through being punished and bearing more of the costs they impose on society. That is why we are exploring ways to make criminals pay towards the cost of their prosecution to the court.”

Another proposal that was announced is that legal aid contracts should be introduced, as the government presumes that this will reduce the number of firms which provide these services.

The intention of the government is to limit the number of law firms which offer such assistance as now it is about 1,600.

However the Law Society of England and Wales opposed to this suggestion. According to Law Society president Lucy Scott-Moncrieff  ”It will take much longer to do properly,…and if it’s not done properly then we are going to end up with miscarriages of justice, with people being stuck in prison far longer than they should be on remand, with witnesses not turning up, with cases not being properly prepared. It’s a huge, huge risk.”

This was not the only proposal she was worried about. In her words immigrants should not be denied legal aid as this should not be a thing which depended on the status of a certain person in the country but on their needs.

 

 

 

Youth Offender Education and Secure Colleges

Talking about the future of young custody the government has announced plans to “put education at the heart of detention”.

Chris Graying said that free schools and academies should provide “secure colleges” for young offenders.

It is a fact that most of the 15-17 years old students who were sent to young offender institutes have been excluded from school and show a literacy level of a child at the age of 7-11.

The better education could provide these young people better way of life as they will acquire skills which would help them when searching a place to work.

The money given on detaining of about 1,800 young people is around £245m a year and this is why Mr. Grayling said the country spent too much money and the results were not satisfactory enough.

He said: “I want to see new models, perhaps something like secure training colleges, providing education in a period of detention rather than detention with education as an afterthought. I want young people to get the education and skills they need to turn their backs on crime for good.”

Nowadays youth offender’s institutes are bound to provide 15 hours of education each week, but the reality usually does not corresponds to the documents.

ManchesterCollege, which is the one of the main institutes that provides such courses, has received some critics on the quality of the courses.

Frances Cook of the Howard League for Penal Reform was confused by the plans, however. “We should never send children to prison to get an education”, she said.

“Almost all the children who end up in custody could be dealt with in the community, and that is the way to get them back into school, college or training”

This case was a good example for the thousands of other unemployed people who were forced to work this way.

These two cases may be assumed as a trouble for the Department of Work and Pensions because they will no longer have the possibility to force people work on their schemes.

“All of those who have been stripped of their benefits have a right to claim the money back that has been unlawfully taken away from them,” added solicitor Tessa Gregory.

However, the DWP said they will still not pay any money.

The Legal Stop offers employment documents, such as Apprentice contracts

New Test for Immigrants Who Want to Stay in the UK

There was an announcement that British culture and history will be the main topics in the UK citizenship test. According to the immigration minister Mark Harper foreign migrants will have to answer questions about the “values and principles at the heart of being British”.

The updated preparation handbook and the new exam will be introduced in March.

The majority of the questions in the current exams are about catching trains and attending job interviews but now they will be replaced with ones about architecture, royalty and British comedy.

Harper said that “This is just part of our work to help ensure migrants are ready and able to integrate into British society and forms part of our changes which have broken the automatic link between temporary and permanent migration.”

According to him this will encourage people to take part in the British life to a greater extend.

More than 150,000 immigrants took the current Life in the UK test last year. There is a little bit of historical information in the handbook for this test but it is only for some academic interest and is not required for the test.

Don Flynn, the director of the Migrants’ Rights Network, compared the new version of the test to “an entry examination for an elite public school”.

“This looks to us like a big step backwards from the concerns with integration which the government is supposed to have in this area,” he commented. “Naturalisation procedures have already been sharply criticised for coming up with tests which have very little to do with the things that most British people feel are important about their lives.”

The more people coming to live in the UK, the more business for you. That`s why you constantly need new legal documents and policies. The Legal Stop is the place, where you can get everything – from legal document templates to documents drafted on request.

 

Joint Ownership Causes Problems

Law Society and Land Registry have warned that each solicitor has to encourage people who purchase joint property to say who owns what because otherwise later there may be lots of disputes when let’s say a relationship breaks down.

These will make best if they make a declaration of trust using the Land Registry form JO.

Such problems appear not only between unmarried couples but also between business partners, friends and even family members who own something together.

This practice started because of recent court decisions, Stack v Dowden [2007] UKHL 17 and Jones v Kernott[2011] UKSC 53 according to which joint home buyers have to define what exactly their property is and record their interests in this property.

The Land Registry JO form appears as an alternative way for joint owners to give information about their interests and details of an existing separate declaration of trust, at the time when they acquire the property.

Jonathan Smithers said: ‘I am pleased that the Law Society and Land Registry have worked together to provide detailed and up to date advice to solicitors practicing in what is a complicated area of the law. ‘The note will direct solicitors to the practical implications of statements made in recent cases so that their clients can continue to receive the best advice possible.’

As a reputable website, providing legal services online, The Legal Stop invites you to take advantage on our legal documents and fixed-fee legal advice services.

 

 

An Approval from Partner for a Gun License

Recently the home secretary Theresa May offered that people who apply for gun licenses have to bring with them proof of consent from the partner they are now with or from their former one. According to her it was “not appropriate” to allow people get gun licenses in the cases when there were evidence on domestic violence.

Ministers cooperating with the Association of Chief Police Officers (ACPO) will try to convince people that domestic violence perpetrators should not be furnished with weapons.

In her letter May also mentioned that the consultation with the partners is a Canadian practice but it is still not established if it will really help reducing the risk of domestic violence.

The shooting of 12 people inCumbriamade the government raise concerns that “involving partners and recent ex-partners in signing applications may put them in a position of vulnerability and increased risk of renewed violence and abuse”.

After this case a recommendation came from the Home Affairs Committee’s 2010 report according to which not only people who had been sent to jail should be banned owning guns but also those with suspended sentences.

Nowadays people with sentences up to three year are not allowed to use guns for five years and those with sentences of five years or more got permanent bans.

Derrick Bird, the men who killed 12 people, was found guilty of theft twenty years ealier but was later allowed to get his gun license.

Currently in the UK the local police officer gives a certificate granting that the applicant has “good reason” for owning one. When filling this application the officer takes into consideration criminal records, mental health problems and past alcohol or drug abuse.

You might need an approval from your partner to get a gun, however this is not the case with our free legal documents!

 

Politicians Accused of Seeking Revenge Against Press

According to a statement of Lords Stevens of Ludgate the motives of politicians and celebrities for changes in the laws concerning press are probably not that noble.
His report suggested that there should be a new independent body regulating the press.

The coalition government is never able to reach a common decision- David Cameron disagreed to the idea of changes in press regulation, while the Liberal Democrats and Labour supported the proposal of law changes.

The peer of the UK Independence Party, Lord Stevens, claims MP’s and peers think of the recommended changes as of an opportunity for revenge, “to get back at the press for disclosing all their shenanigans over expenses”.

He was also interested on the motives of celebrities to apply for stricter press control.

“Since the press holds the Government to account, the Government clearly must not regulate newspapers,” Lord Stevens said.

The independent editor Chris Blackhurst also thought that if politics decide on the making of a new legislation to regulate press this will be only because they want to revenge the press.

“Once a draft Bill goes into the Commons and the Lords and once they get their teeth into it they can add all sorts of amendments,” Blackhurst said ominously. “That’s where the revenge will happen. That’s one reason why some of us are very keen that there should not be statute.” The view of Lord Stevens was different from that of the other peers.

The former deputy PM, Lord Prescott said:“The industry have used the same old trick, you delay it in discussion and get near the election and avoid doing anything about it.”

No matter what will happen with the bill, The Legal Stop will continue to provide you with legal documents online.