GLOSSARY

ICT definition

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What does ICT mean?

Information and communications technology.

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Data protection and privacy—Italy—Q&A guide

Data protection and privacy—Italy—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to data protection and privacy in Italy published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2021). Authors: ICT Legal Consulting—Paolo Balboni; Luca Bolognini; Davide Baldini; Antonio Landi 1. Summarise the legislative framework for the protection of personally identifiable information (PII). Does your jurisdiction have a dedicated data protection law? Is the data protection law in your jurisdiction based on any international instruments on privacy or data protection? The primary legislation governing the processing of personal data by private entities and public institutions in Italy is Regulation (EU) 2016/679 (the EU General Data Protection Regulation) (GDPR). Specific rules for privacy in the electronic communications sector are contained within EU Directive 2002/58/EC (the ePrivacy Directive). Specific Italian legislation on data protection is outlined in Legislative Decree No. 196/2003 (the Personal Data Protection Code), which implements the ePrivacy Directive and has been largely amended by Legislative Decree No. 101/2018 to align its content with the GDPR. EU Directive 2016/680 specifically regulates the processing of personal data by public authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security. It has been implemented in Italy by Legislative Decree No. 51/2018. Additional sector-specific

Defence and security procurement—European Union—Q&A guide

Defence and security procurement—European Union—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to defence and security procurement in European Union published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2022). Authors: Norton Rose Fulbright—Michael Jürgen Werner; Julia Kampouridi 1. What statutes or regulations govern procurement of defence and security articles? Regarding the primary EU rules, article 346 section 1(b) Treaty on the Functioning of the European Union (TFEU) states: any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions of competition in the internal market regarding products which are not intended for specifically military purposes. Member States can choose to derogate from EU rules in the field of defence procurement (including the Defence and Security Directive) on a particular basis and by invoking article 346 of the TFEU. They should demonstrate that the national measures cover defence goods; that the measures are relevant for the essential security interests at stake; and that the extraordinary national measures are necessary to protect essential security interests. In the past decades, article 346 TFEU has been used in an abusive manner to circumvent the application of the procurement rules; this exception

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ICT arrangements—quarterly monitoring record

ICT arrangements—quarterly monitoring record A: General information Date of review Person(s) conducting review B: Review and findings Have any of your [firm OR organisation’s] key business objectives changed in such a way as to impact the aims of your ICT plan? Yes/NoIf yes, ensure you set an action point at section C below to update the ICT plan aims accordingly Is your Schedule of key ICT contacts up to date? Yes/NoIf no, ensure you set an action point at section C below to address this Does your Schedule of current ICT environment give an accurate reflection of your[firm OR organisation’s] existing ICT resources? Yes/NoIf no, ensure you set an action point at section C below to address this Are you satisfied your [firm OR organisation] is on target to achieve all the planned ICT developments as set out in your Schedule of planned ICT

Information security review—law firms

Information security review—law firms 1 Policies and procedures ICO expectation Additional guidance Action points (if any) ☐ You have a process in place to identify, assess and manage information security risks You will need to identify what information and data you hold, and assess the risks to that information before you can establish what level of security is right for your firm. See Precedents:—Sample data processing map and Data processing register—Data protection risk assessment—short form ☐ You have an information security policy, which is:—approved and supported by senior management—reviewed at regular intervals There should be a process in place to ensure information security-related policies and procedures are reviewed and approved before implementation.See Precedent: Information security policy—law firms. ☐ You have:—a person or department with day-to-day responsibility for information security—a management framework to co-ordinate and review the implementation of information security You may wish to include this in your data protection officer’s duties.See Precedent: Data protection officer—DPO—job description and role profile. ☐ You:—have established written agreements with third party service providers that include appropriate information security conditions—ensure the protection of personal data that is accessed by suppliers and providers Many firms outsource some or all of their IT requirements to a third party. You should ensure you are satisfied they are treating your data with at least the same level of security as you would.Ask for a security audit

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Are there any restrictions on the amount a contracting authority's may invoice (a management fee/charge) a supplier appointed to a framework for managing that framework?

Are there any restrictions on the amount a contracting authority's may invoice (a management fee/charge) a supplier appointed to a framework for managing that framework? Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 33(2) defines a framework agreement as: ‘an agreement between one or more contracting authorities and one or more economic operators, the purpose of which is to establish the terms governing contracts to be awarded during a given period, in particular with regard to price and, where appropriate, the quantity envisaged.’ The Crown Commercial Service (CCS) guidance on framework agreements provides the following interpretation: ‘a framework agreement is a general phrase for agreements with providers that set out terms and conditions under which agreements for specific purchases (known as call-off contracts) can be made throughout the term of the agreement. In most cases a framework agreement will not itself commit either party to purchase or supply, but the procurement to establish a framework agreement is subject to the EU procurement rules.’ Further guidance on the use of framework agreements and the public procurement regime more generally is available in the following Practice Notes: • Introduction to public contracts procurement

Following a TUPE transfer, if the 20-working day window is missed for reporting/applying for a new sponsor licence, will the transferee be required to carry out the Resident Labour Market Test for the transferred employees?

Following a TUPE transfer, if the 20-working day window is missed for reporting/applying for a new sponsor licence, will the transferee be required to carry out the Resident Labour Market Test for the transferred employees? We have assumed that: • the transferee business does not already hold a sponsor licence under the tiers and categories needed to sponsor the transferred employees. Also that the transferor did not report the transfer within 20 days in accordance with their sponsor duties set out in the Tiers 2 and 5 Sponsor Guidance • the transferor did not report the transfer within 20 days in accordance with their sponsor duties set out in the Tiers 2 and 5 Sponsor Guidance Paragraph 13.3 of the Tiers 2 and 5 Sponsor Guidance (SG) states that: ‘Where migrants are being moved to you under TUPE or similar protection, but you do not already have a sponsor licence under the tiers and categories needed to sponsor them, you must make an application either for a sponsor licence, or to extend the scope of your existing sponsor licence. Your application must be made within 20 working days of the move taking place. If you: • do not make a valid application within 20 working days • do make a valid application, but that application is refused all of the migrants moved to you, except any that can be sponsored under your existing

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Information Law weekly highlights—9 June 2022

This week’s edition of Information Law weekly highlights includes news that the European Data Protection Board (EDPB) has published guidelines on the practical implications of amicable settlements. It includes news that the European Parliament and the Council of the European Union have adopted the Data Governance Act and of other recent developments relating to data protection, ePrivacy, cybersecurity, reputation management and databases.

Immigration weekly highlights—19 May 2022

Welcome to the 19 May 2022 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.

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