GLOSSARY

Safeguards definition

Published by a LexisNexis Energy expert

What does Safeguards mean?

1 A term used in the regulation of domestic nuclear facilities and materials. The use of material control and accounting programs must verify that all special nuclear material is properly controlled and accounted for, and the physical protection equipment and security forces; and 2 As used by the IAEA, verifying that the "peaceful use" commitments made in binding non-proliferation agreements, both bilateral and multilateral, are honoured.

View the related practice notes about Safeguards

Comparing international investment arbitration rules

Comparing international investment arbitration rules Investment treaty arbitrations may be brought under the rules of many different institutions or ad hoc arbitration rules. Each institution or body has its own unique rules and associated collection of risks and benefits. The table below provides a quick reference guide for the investment arbitration rules of several key institutions, ie the Singapore International Arbitration Centre (SIAC), the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), the International Centre for Settlement of Investment Disputes (ICSID), the United Nations Commission on International Trade Law (UNCITRAL), China International Economic Trade Arbitration Commission (CIETAC) and the Permanent Court of Arbitration (PCA). This is a high-level guide intended to provide an overview of the similarities and differences among some of the major institutional and ad hoc international arbitration rules. It is not intended as a substitute for detailed legal advice as to the procedures and laws which govern a particular dispute. Advice should be sought when agreeing to arbitration and at an early stage of any dispute. Quick reference guide table SIAC Investment Arbitration Rules 2017 SCC Rules 2017 2022 ICSID Arbitration Rules and ICSID Arbitration Rules 2006 UNCITRAL Arbitration Rules 2013 CIETAC International Investment Arbitration Rules 2017 PCA Arbitration Rules 2012 Nature of rules Standalone rules specifically drafted for investment disputes and/or disputes involving

Duties of confidentiality and disclosure 2019

Duties of confidentiality and disclosure 2019 The protection of confidential information is a fundamental feature of the solicitor-client relationship and a core professional principle. Solicitors also have a duty to disclose to their clients information of which they are aware and which is material to their client’s matter, unless specified exceptions apply. If you are proposing to act for a client in a matter where that client has an interest adverse to the interests of another client for whom you hold confidential information that is material to the matter, your duties of confidentiality and disclosure can come into conflict. In order to act, you will either need: • informed client consent, or • to take effective measures to protect the confidential information If a confidentiality or disclosure issue arises, or there is a risk of one arising in the course of your work, you will need to: • have systems and controls in place to identify and mitigate risks to client confidential information • determine whether you can act or continue to act for the client(s) involved • understand the safeguards that may be needed in order to protect confidential information This Practice Note sets out the regulatory requirements and some of the practical issues relating to the duties of confidentiality and disclosure together with guidance on how to manage them. It reflects the requirements in the SRA Codes of Conduct 2019 (2019 Codes)

Discover our 891 Practice Notes on Safeguards

TAKE A FREE TRIAL

View the related precedents about Safeguards

Personal data sharing agreement—independent controllers—one-way

Personal data sharing agreement—independent controllers—one-way This Agreement is made on [date] Parties 1 [insert name of disclosing party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Disclosing Party), and 2 [insert name of receiving party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Receiving Party), (each of the Disclosing Party and the Receiving Party being a party and together the Disclosing Party and the Receiving Party are the parties). Background (A) The parties have identified a requirement to share the Shared Data for the Permitted Purpose. (B) The parties have decided to create a framework for the [systematic OR ad-hoc OR one-off] sharing of the Shared Data, which is likely to require sharing of the Shared Personal Data. (C) The Disclosing Party considers that it may share the Shared Personal Data with the Receiving Party on the legal basis of the Permitted Lawful Basis. (D) [The parties have completed a data protection impact assessment in respect of the planned sharing of the Shared Personal Data under this Agreement, and have agreed that this Agreement will assist with mitigating certain risks that have been identified.] (E) The parties’ objectives in sharing the Shared Personal Data, and the reasons why that is necessary, are set out at paragraphs 1

Personal data sharing schedule—joint controller to joint controller—two way—balanced

Personal data sharing schedule—joint controller to joint controller—two way—balanced The ScheduleJoint controller arrangements 1 Definitions and interpretation 1.1 In this Schedule: Communication • means a complaint, enquiry, notice, request or other communication (but excluding any Data Subject Request) relating to either party’s obligations under any Data Protection Laws in connection with this Agreement and/or the Processing of any of the Shared Personal Data, including any compensation claim from a Data Subject or any notice, investigation or other action from a Data Protection Supervisory Authority relating to any of the foregoing; Consent • means a freely given, specific, informed and unambiguous indication (by a statement or by a clear affirmative action) by which the relevant Data Subject has agreed to the relevant disclosure(s) and/or Processing of the Shared Personal Data relating to them that has not been withdrawn. To the extent the relevant Shared Personal Data is Special Category Personal Data, this definition should be read as if the word ‘unambiguous’ above read ‘unambiguous and explicit’. The terms freely given, specific, informed, unambiguous and explicit in this definition shall be construed in accordance with Data Protection Laws; Contact Point • means, in respect of each party, the person identified as such in accordance with paragraph 1 of Appendix 5 of this Schedule; Controller • has the meaning given in Data Protection Laws; Data Protection Laws • means, as applicable to either party and/or to [insert reference to relevant activities

Dive into our 101 Precedents related to Safeguards

TAKE A FREE TRIAL

View the related q&as about Safeguards

An individual has been made bankrupt, and as usual the case is passed over to the Official Receiver in the first instance. An individual who is an Insolvency Practitioner is also a creditor and, wearing their creditor hat has nominated themselves to be appointed as trustee. Are there regulations (eg IPA) or case law that prohibits acting where there is such a conflict of interest?

An individual has been made bankrupt, and as usual the case is passed over to the Official Receiver in the first instance. An individual who is an Insolvency Practitioner is also a creditor and, wearing their creditor hat has nominated themselves to be appointed as trustee. Are there regulations (eg IPA) or case law that prohibits acting where there is such a conflict of interest? This is a situation dealt with in the insolvency Ethics Code for Members, that all IPs are required to follow. The Ethics Code identifies five fundamental principles with which IPs are required to comply: • integrity • objectivity—conflict of interest or undue influence should not be allowed to override professional judgement • professional competence • confidentiality • professional behaviour—IPs should avoid action that discredits the profession The fundamental principles likely to be most affected by this situation are objectivity and professional behaviour. An IP should take care to identify threats to the fundamental principles that exist at the time of accepting an insolvency appointment. The Ethics Code categorises threats as follows: • self interest—as a result of financial interests of the IP • self review • advocacy—when an opinion is promoted by the IP to such an extent that future objectivity is compromised • familiarity—which may occur as a result of close relationship • intimidation It appears that if the IP had a previous professional relationship with a possible future bankruptcy appointment that is

What powers does an investigator have to compel the witness to provide a statement during a criminal investigation, where a witness is known to be in the possession of crucial evidence, but is unwilling to provide a section 9 witness statement? Can the witness be forced to give evidence at trial?

What powers does an investigator have to compel the witness to provide a statement during a criminal investigation, where a witness is known to be in the possession of crucial evidence, but is unwilling to provide a section 9 witness statement? Can the witness be forced to give evidence at trial? Certain regulators have specific powers to compel witnesses to give statements during investigations. These are statutory powers which can be used during an investigation into suspected offences and the witness is compelled to attend the interview to answer questions or to provide information. However, as these are powers to compel and the witness has no right of silence as they would do in an interview under caution, there are statutory safeguards restricting the use of any information obtained from the compulsory interview powers. The contents of the interviews cannot be used in evidence against the maker in their subsequent criminal trial unless: • the trial is a prosecution for an offence of providing false or misleading statements in the interview • the interviewee is prosecuted for a different offence and makes an inconsistent statement The following are examples of compulsory powers to compel a witness to give evidence at interview. Serious Fraud Office Compulsory interviews under section 2 of the Criminal Justice Act 1987 (CJA 1987) are an investigative power conferred to the Serious Fraud Office (SFO) to investigate any

See the 93 Q&As about Safeguards

TAKE A FREE TRIAL

View the related News about Safeguards

Local Government weekly highlights—11 August 2022

This week's edition of the Local Government weekly highlights includes case analysis of Thurrock Council v Stokes, which considers the practical and procedural difficulties encountered in the context of mass traveller injunctions; Hull CC v KF, in which the court found that capacity to engage in sexual relations can be person specific in some cases; R (Rotala) v Greater Manchester Combined Authority on a judicial review involving a bus franchising scheme; Buckinghamshire Council v SST, in which the latest judicial review involving HS2 was dismissed; R (Bell) v Lambeth LBC, which involved the judicial review of a council’s housing decision; Abdikadir v Ealing LBC, which involved the local authority officers mistakenly derogating from the local authority’s policies; and Worthing BC v Secretary of State. It also includes analysis of the UK coronavirus (COVID-19) inquiry, the Ockenden Review and the Levelling-Up and Regeneration Bill. The weekly highlights also includes further updates on governance, public procurement, education, children’s social care, social care, healthcare, social housing, licensing, local government finance and planning.

New Practice Direction and Presidential Guidance on the use of witness statements in Scottish employment tribunals

Employment analysis: The President of the Employment Tribunals (Scotland), Susan Walker, has issued a new Practice Direction and Presidential Guidance in connection with the use of witness statements in employment tribunal cases to be heard in Scotland. The Practice Direction applies to all hearings scheduled to take place on or after 1 October 2022.

Read the latest 1569 News articles on Safeguards

TAKE A FREE TRIAL

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Case studies

"We constantly have to look at our own supply chain and choose the best value and quality-focused solutions for our offices. That was really the genesis of our switch to LexisNexis."

Harper Mcleod

Access all documents on Safeguards

GET ACCESS NOW

Top