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UK/EU divergence—have your say
Daily and weekly news alerts
New and updated content
European Commission adopts adequacy decisions for UK
The European Commission and the government have announced that the Commission has adopted two adequacy decisions under the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) and the Data Protection Law Enforcement Directive, Directive (EU) 2016/680, allowing data to continue to flow freely from the EEA to the UK. While the EU-UK Trade and Cooperation Agreement provided a conditional interim regime, it was due to expire on 30 June 2021. The Department for Digital, Culture, Media & Sport (DCMS) has announced that the EU has formally recognised the UK’s high data protection standards which allows for the continued seamless flow of personal data from the EU to the UK. The government have said that they welcome the move, and that this move ‘rightly recognises the country’s high data protection standards’.
See: LNB News 28/06/2021 80.
Consultation on UK SCCs for international transfers to start in July 2021, ICO official says
MLex: UK companies will be able to give feedback on draft UK standard contractual clauses (SCCs) for international data transfers in July 2021, a senior official at the Information Commissioner’s Office (ICO) said on 23 June 2021. Steve Wood also said that it was ‘good regulatory practice’ to review the country’s implementation of the EU GDPR, Regulation (EU) 2016/679, given that it was first drafted in 2012.
See News Analysis: Consultation on UK SCCs for international transfers to start in July 2021, ICO official says
powers to conduct financial investigations
government is handing authorities, including the ICO, new powers that will give
them the power to conduct their own financial investigations. Laura Gillespie
of Pinsent Masons considers the implications of this development.
Analysis: ICO gets powers to conduct
Commissioner issues enforcement notice to Emailmovers Ltd
Information Commissioner has issued an enforcement notice to Emailmovers Ltd
(EML) given EML’s non-compliance with Article 5(1)(a) of
the UK GDPR. This is partly because EML is a controller, rather than a processor,
as it has always maintained. The Information Commissioner’s justification for this is
that EML determines the purposes and manner of processing data. According to
the Information Commissioner, in controlling data, EML acted in a manner that
was not fair, lawful or transparent, as consent received was not sufficiently
specific or informed.
See: LNB News 28/06/2021 2.
The Children’s Code and parental consent
The Data Protection Intelligence Group (the Group) has begun a series of work on the UK’s Children’s Code, which becomes applicable in September 2021. The protection of children’s personal data is a regulatory priority for the ICO. In this analysis, the Group considers the issue of parental consent under the code as relevant to commercial organisations. This analysis explains why commercial organisations subject to the code should think carefully before relying on consent as a lawful basis and should generally avoid relying on consent where possible.
See News Analysis: The Children’s Code and parental consent.
The Law Commission’s consultation on expanding corporate criminal liability—introduction and observations
In the second article in our series considering the Law Commission’s proposed improvements to the law relating to corporate criminal liability, Christopher Gribbin, associate at Mishcon de Reya, provides an introduction to the background to and overarching comments on the Law Commission’s consultation paper.
See News Analysis: The Law Commission’s consultation on expanding corporate criminal liability—introduction and observations
corporate criminal liability—are DPAs fit for purpose?
third in our series of analysis on the Law Commission’s consultation on reforming
corporate criminal liability, Neil Swift, partner at Peters & Peters, considers
the suitability of deferred prosecution agreements (DPAs) as a means of holding
businesses to account for a wider range of criminal conduct.
Analysis: Expanding corporate
criminal liability—are DPAs fit for purpose?
publishes outcomes from 25 June 2021 plenary
Financial Action Task Force (FATF) has published the outcomes of its 25 June
2021 plenary meeting, which noted that although it is important for governments
to focus on rebuilding their economies after the coronavirus (COVID-19)
pandemic, they must also continue to fully and effectively implement the risk-based
FATF Standards and ensure that criminals and terrorist do not find new and
emerging loopholes to exploit. Among the issues explored at the meeting were
the challenges that digital transformation presents for anti-money laundering
and countering the financing of terrorism (AML/CFT), and the use of advanced
analytics and machine learning in detecting suspicious AML/CFT activities.
See: LNB News 28/06/2021 34.
publishes report on laundering proceeds from environmental crime
published a report on the prevalence and workings of environmental crime, which
it deems is partly due to inconsistent global regulation and law that does not
address the financial aspects of these crimes. Methods that criminals adopt
include using shell and front companies to launder illegal gains and
co-mingling legal and illegal goods to conceal the latter’s illicit source. FATF has
advised anti-money laundering authorities to establish multi-stakeholder
dialogues with non-traditional partners, such as environmental crime
See: LNB News 28/06/2021 82.
announces conviction of former chairman for money laundering
Crown Prosecution Service (CPS) has announced that the former chairman of the
Association of UK Payment Institutions has been convicted of money laundering
by Southwark Crown Court. The individual, Dominic Thorncroft, laundered the
proceeds of an investment fraud worth £850,000, which involved over 60 victims.
The investigation into Thorncroft commenced in 2016 and found that he allowed
his business to be used by fraudsters to transfer money to Hong Kong and China.
See: LNB News 24/06/2021 62.
Notification of ECA special report on EU AML/CFT efforts published in the Official Journal
The European Court of Auditors (ECA) has published a notice in the Official Journal of the EU announcing that its Special Report No 13/2021, ‘EU efforts to fight money laundering in the banking sector are fragmented and implementation is insufficient’ (2021/C 254/05) has been published on the ECA website. The report concludes that the EU needs a stronger and more coherent oversight framework for combating money laundering.
See: LNB News 29/06/2021 52.
Group issues statement on demonstrating the effectiveness of AML/CTF
programmes in financial institutions
Wolfsberg Group has issued a statement entitled ‘Demonstrating effectiveness’ setting out how financial
institutions (FIs) should assess risk in defined priority areas and demonstrate
their anti-money laundering/combatting terrorist financing (AML/CTF) programme
effectiveness. The document builds on the Group’s prior effectiveness
statements to underline that the starting point for an effective AML/CTF
programme should be an understanding of the priority risks identified by
countries or supra-national bodies in their own assessments of AML/CTF risks
and the applicability of those risks to the FI.
See: LNB News 30/06/2021 43.
publishes blog on reasonableness
Office of Financial Sanctions Implementation (OFSI) has published a
blog on ‘reasonableness’, following changes introduced by the Sanctions and Anti-Money
Laundering Act 2018 (SAMLA 2018).
See: LNB News 30/06/2021 62.
US DOJ agree DPA with Foster Wheeler following bribery charges
Serious Fraud Office (SFO) has announced that it has agreed a Deferred
Prosecution Agreement (DPA) in principle with Amec Foster Wheeler Energy Ltd
(Foster Wheeler). This comes following Foster Wheeler agreeing to pay more than
$US43m after it was charged with bribing officials in Brazil in order to
procure a $US190m contract to design a gas-to-chemicals complex. For breaching
the Foreign Corrupt Practices Act, Foster Wheeler agreed to pay over $US43m.
The UK DPA was reached following resolutions from the SFO, the US Department of
Justice (DOJ), the US Securities and Exchange Commission (SEC), the Brazil
Controladoria-General da Unio and the Ministério Publico Federal. Foster
Wheeler has also entered into a three-year DPA with the US DOJ.
See: LNB News 28/06/2021 91.
Bribery Act 2010 at 10 years, and what’s next
as a gold standard that put the UK in step with modern commercial practices,
the Bribery Act 2010 (BA 2010) turns ten years old with
just a few unmet goals, mostly at the prosecutorial end—and those charged with
enforcement will likely face some real tests in the next decade, says Anneka
Randhawa at White & Case.
Analysis: The Bribery Act 2010 at 10
years, and what’s next.
SFO publishes speech on
keeping the UK safe for business
The SFO has published a speech by
its director, Lisa Osofsky, concerning the SFO’s work to defend the UK’s global reputation for
openness, its economy and the rule of law. The speech highlights that the need
to maintain the integrity of Britain as a safe place to do business and invest
is critical, especially when building a new international identity for trade.
See: LNB News 30/06/2021 58.
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