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Risk & Compliance forecast
Additional Risk & Compliance updates
UK/EU divergence—have your say
Daily and weekly news alerts
New and updated content
Compliance forecast as at 20 July 2021
Risk & Compliance forecast (as at 20 July 2021) is now live. This month, we
report on issues including (1) modern slavery (2) economic crime; and (3)
cybersecurity and cybercrime updates. You can rest assured we’re tracking forthcoming
regulatory changes so you can plan ahead.
Analysis: Risk & Compliance forecast as at 20 July 2021.
considers future of accountability framework
Acting Director of Regulatory Assurance at the Information Commissioner’s Office (ICO), Anulka
Clarke, has published a blog post about changes to the accountability
framework. The framework is designed to help data protection professionals
assess their organisation’s accountability, a key
principle in data protection law. The next steps for the framework will include
adding case studies and the ICO is looking for best practice examples to
include. It will also be running online workshops to consider how the
self-assessment tool can be adapted and improved.
See: LNB News 16/07/2021 94.
publishes blog reflecting on data protection in the charity sector
Chair of the Fundraising Regulator, Lord Toby Harris, and the UK Information
Commissioner, Elizabeth Denham, have published a blog reflecting on the past
five years of fundraising and data protection regulation in the charity sector.
They praised the sector on its commitment to positive change and getting the implementation
of the General Data Protection Regulation correct in 2017 as well as its
dedication toward good fundraising and data protection practices since then.
See: LNB News 16/07/2021 92.
releases beta version of AI and data protection risk toolkit
ICO has introduced a new version of its artificial intelligence (AI) and
data protection risk toolkit. The toolkit is designed to help organisations
which use AI to ensure that they are processing personal data in accordance with
See: LNB News 20/07/2021 76.
SCCs for international personal data transfers
Long, partner, Francesca Blythe, senior associate, and Eleanor Dodding,
associate, at Sidley Austin, discuss the European Commission’s implementing decision on
Standard Contractual Clauses (SCCs) for the transfer of personal data outside
the EEA pursuant to the EU’s Regulation (EU) 2016/679, the General Data
Protection Regulation (the EU GDPR). They consider the main differences between
these new SCCs and previous SCCs adopted in 2001, 2004 and 2010, how
international personal data transfers may be streamlined as a result of the new
SCCs and how they address the decision in Schrems II, as well as what challenges remain in
place when using the SCCs, what actions organisations should take and
implications for UK organisations.
Analysis: New SCCs for international personal data transfers.
announces German investigation into international data transfers
European Data Protection Board (EDPB) has announced that German data protection
supervisory authorities will carry out a nationwide assessment of companies’ compliance with the Regulation (EU) 2016/679, EU GDPR in relation to
transfers of personal data outside the EEA. The action follows the Court of
Justice’s decision in Schrems II, which invalidated the
EU-US Privacy Shield and emphasised the need for a ‘transfer impact assessment’ to be undertaken when
using standard contractual clauses, and for supplementary measures to be
adopted where necessary.
See: LNB News 15/07/2021 6.
publishes public consultation on codes of conduct as tools of transfers
has published a public consultation on the Guidelines 04/2021 on codes of
conduct as tools for transfers. The comments from the public will then be made
available on the EDPB website. The consultation is set to end on 1 October
See: LNB News 15/07/2021 4.
Commission announces package of AML/CFT proposals
European Commission has presented a package of legislative proposals to
strengthen the EU’s anti-money laundering and
counter-terrorist financing (AML/CFT) rules, including a proposal for the
creation of a new EU authority to fight money laundering. The aim of the
package is to improve the detection of suspicious transactions and activities,
and to close loopholes used by criminals to launder illicit proceeds or finance
terrorist activities through the financial system.
See: LNB News 21/07/2021 58.
Commission proposes to make bank account registers available to competent
authorities through new single access point
European Commission has published a proposal for a directive amending Directive (EU) 2019/1153 with regard to access of
competent authorities to centralised bank account registries through the single
access point. The proposal would provide designated authorities competent for
the prevention, detection, investigation or prosecution of criminal offences
with the ability to directly access and search centralised bank account
registries of other Member States through the bank account registers (BAR)
single access point introduced by the proposed new anti-money laundering
See: LNB News 21/07/2021 49
announces two further DPAs have received judicial approval
Serious Fraud Office (SFO) has announced that it has entered into deferred
prosecution agreements (DPAs) with two companies, with a total value of just
over £2m in fines and disgorgement. Mrs Justice May approved the DPAs on 19
See: LNB News 20/07/2021 48.
emerging role of judicial approval and the absence of findings of fact in DPAs
(SFO v Amec Foster Wheeler Energy Ltd)
July 2021, court approval was given to a DPA between the SFO and Amec Foster
Wheeler Ltd. Quinton Newcomb, founder and managing partner of commercial crime
and investigations practice, FOUR Law & Investigations Ltd, analyses the
practical lessons of the judge’s decision, and what this
reveals about the types of cases the SFO are likely to consider for DPAs in the
Analysis: The emerging role of
judicial approval and the absence of findings of fact in DPAs (SFO v Amec
Foster Wheeler Energy Ltd).
(COVID-19)—new guidance issued for working safely
during step 4
The government has published new guidance for businesses and self-employed people in various sectors, aimed at helping employers plan business operations from step 4 of the government’s coronavirus (COVID-19) roadmap. The guidance applies to England and should be used to inform operations from 19 July 2021.
See: LNB News 15/07/2021 115.
A brave new world for employers?—living with COVID–19 after Freedom Day (UK)
Following the government’s announcement that ‘Freedom Day’ is due to go ahead as planned, David Whincup, partner at Squire Patton Boggs, discusses the impact on employers of the decision to re-open businesses and end social distancing measures within the workplace from 19 July 2021.
See News Analysis: A brave new world for employers? — living with COVID-19 after Freedom Day (UK).
guidance on whistleblowing
Competition and Markets Authority (CMA) has published guidance on
whistleblowing, what it means to be a whistleblower and how to report to the
CMA. The CMA has stated that it protects the whistleblower’s identity from the
organisation being reported and that information can be provided anonymously,
though this means complaints cannot be discussed, making it difficult to take
action. Reports can come through the phone, email or via an online form. A
member of the CMA will respond to discuss the information provided and the next
steps. The CMA may contact the business and remind them of the importance of
complying with competition and consumer law protection law, investigate
businesses suspecting of breaking the law, conduct studies or further
investigation, prosecute those involved, take no further action or suggest that
the complainant contact another authority.
See: LNB News 16/07/2021 100.
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Customer Survey—UK/EU Divergence. The aim of the survey is
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UK law diverges from EU law arising from the UK’s departure from the EU.
The survey also covers potential for divergence within the devolved
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Note: What’s new and what’s changed in 2021—Risk
& Compliance contains a summary of substantive changes to our
● Risk & Compliance
forecast as at 20 July 2021
● COVID-19 risk assessment—worked example
● Brexit legislation tracker
● Brexit timeline
● Coronavirus (COVID-19)—testing and vaccination issues for employers
● High-risk third countries
Lexis®PSL Risk & Compliance has a dedicated area
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world of Risk & Compliance. For more information, see: Risk & Compliance
forecast as at 20 July 2021.
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