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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.

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EU Securitisation Regulation—timeline

EU Securitisation Regulation—timeline This timeline shows key developments relating to Regulation (EU) 2017/2402 (the EU Securitisation Regulation) from January 2024 onwards. For earlier developments, see EU and UK Securitisation Regulations—timeline [Archived]. 2025 Date Source Document Description 1 April 2025 AFME The Joint Associations’ response to the ESMA consultation of February 2025 on the revision of the disclosure framework for private securitisation AFME, Commercial Real Estate Finance Council (CREFC) Europe and International Capital Market Association (ICMA) submitted a joint response to the European Securities and Markets Authority's (ESMA) consultation on revising private securitisation disclosure requirements. The joint response argues against: introducing a simplified reporting regime for EU-originated securitisations before wider reforms, citing concerns about potential changes to private securitisation definitions, continued template-based reporting requirements, and unresolved third-country reporting issues. They propose an alternative approach focusing on supervisory reporting needs while allowing more flexible investor disclosures.See: LNB News 01/04/2025 71. 31 March 2025 EBA Joint Committee Report on the implementation and functioning of the Securitisation Regulation (Article 44) The Joint Committee...

Corporate Insolvency and Governance Act 2020—resources for commercial contracts—checklist

Corporate Insolvency and Governance Act 2020—resources for commercial contracts—checklist This Checklist of resources sets out some of the considerations when drafting, reviewing and negotiating commercial contracts to reflect the restrictions on ipso facto provisions introduced by the Corporate Insolvency and Governance Act 2020 (CIGA 2020). Corporate Insolvency and Governance Act 2020—the impact for commercial lawyers CIGA 2020 introduced reforms to the Insolvency Act 1986 (IA 1986) including provisions to ensure the continuity of essential supplies and restrict contractual termination provisions on insolvency (so-called ‘ipso facto’ clauses). The provisions that are of most relevance to general commercial practitioners when drafting and negotiating contracts are: • contractual rights to terminate for an insolvency event, or do any other thing as a result of a customer’s insolvency (so-called ‘ipso facto’ clauses) in contracts for the supply of goods and services are no longer effective • the introduction of a company moratorium available to all companies to allow companies to formulate restructuring proposals without creditor pressure • the introduction of a restructuring plan, being a new...

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International data transfers—flowchart

International data transfers—flowchart This Flowchart takes you through the various legal mechanisms for transferring personal data to a country outside the UK, eg: • an adequacy decision/regulation • appropriate safeguards like standard contractual clauses (SCCs) or International Data Transfer Agreement (IDTA), or binding corporate rules (BCRs), and • a derogation Such transfers are prohibited by the data protection regime unless you have one of these mechanisms in place. The mechanisms are designed to ensure data subjects are protected when their personal data leaves the UK. The mechanisms follow a hierarchy and this Flowchart will help you determine which is most appropriate for your organisation and processing activity. This Flowchart reflects the UK General Data Protection Regulation (UK GDPR). See also Practice Note: How to manage international personal data transfers. Note 1—adequacy decision/regulation You may transfer personal data to a country that has the benefit of a UK adequacy decision. Transfers made under an adequacy decision do not need any specific authorisation from the ICO. There...

Standard contractual clauses and binding corporate rules—EU methodology—flowchart

Standard contractual clauses and binding corporate rules—EU methodology—flowchart This Flowchart reflects the methodology set out by the European Data Protection Board (EDPB) for determining whether you can make an international transfer of personal data on the basis of standard contractual clauses (SCCs) or binding corporate rules (BCRs). You can only rely on these transfer mechanisms where the protections, enforceable rights and legal remedies provided to individuals in the recipient country are essentially equivalent to those guaranteed under the General Data Protection Regulation (GDPR). The ‘essentially equivalent’ test was laid down in the case of Facebook Ireland and Schrems (Schrems II), which was decided under the EU GDPR. The Information Commissioner’s Office (ICO) has published Guidance on transfer risk assessments, which adopts the term ‘sufficiently similar’ in relation to transfers under the UK GDPR and uses a different methodology. The ICO is happy for organisations exporting data from the UK to follow either methodology. This Flowchart reflects the EU methodology, as set out in: • EDPB Guidelines on...

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Privilege in financial remedy proceedings

Privilege in financial remedy proceedings This Practice Note considers the different types of privilege that may arise in financial remedy proceedings, including legal professional privilege and litigation privilege. It also provides guidance on the circumstances in which privilege may be waived, considerations as to disclosure to third parties, without prejudice communications and procedural issues. In financial proceedings there is an ongoing duty to provide full, honest and open disclosure. Such disclosure includes all material facts, documents and other information relevant to the issues in the case, together with any material changes after initial disclosure has been given. Solicitors owe their clients a duty to tell them in clear terms of this duty and of the possible consequences of breach of the duty which may include criminal sanctions under the Fraud Act 2006. Where a party resists disclosure on the basis of privilege, the onus is on that party to satisfy the court in that regard. The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, do not specifically...

Financial services firms and insolvency provisions in FSMA 2000

Financial services firms and insolvency provisions in FSMA 2000 Financial services firms and insolvency provisions in FSMA 2000 The provisions in Part XXIV of the Financial Services and Markets Act 2000 (FSMA 2000) allow the regulators to be involved in insolvency related proceedings against firms and individuals. These rights arise both in respect of authorised firms and recognised investment exchanges, as well as those conducting regulated activities in contravention of the general prohibition (FSMA 2000, ss 19–20). Each section in Pt XXIV indicates the parameters as to when rights accrue, in some cases rights accrue to more than one regulator. Seeking insolvency orders is an important process for the regulators, particularly against firms carrying out unauthorised business. Insolvency proceedings are used against insolvent firms and individuals as well as those which are not technically insolvent but where it would be just and equitable for the firm to cease business. The sections in FSMA 2000 should be considered in the wider context of the legislative treatment...

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Compatibility assessment—change of purpose—data protection

Compatibility assessment—change of purpose—data protection 1 Background information Name and position of person(s) conducting assessment [Insert name] Date of assessment [Insert date] Original purpose for processing [Insert response] 2 Proposed new purpose for processing Describe your proposed new purpose for processing covered by this compatibility assessment. Summary of proposed new purpose to which this assessment relates. [Insert response] Your reasons for processing the data for a new purpose? You may wish to identify: —What benefit you expect to get. —Whether any third parties benefit. —Any wider public benefits. —How important these benefits are. —What would the impact be if you couldn't go ahead and process for the new purpose. —Whether you are complying with any specific data protection rules that apply to your processing, eg profiling requirements or ePrivacy legislation. —Whether you are complying with other relevant laws. —Whether you are complying with industry guidelines or codes of practice. —Any other ethical issues with the processing. [Insert response] Description of the proposed...

Privacy notice for trustees—UK GDPR compliant

Privacy notice for trustees—UK GDPR compliant We take your privacy very seriously. Please read this privacy notice carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint. We collect, use and are responsible for certain personal data about you. When we do so we are subject to the UK General Data Protection Regulation (UK GDPR). [We are also subject to the EU General Data Protection Regulation (EU GDPR) in relation to individuals [and our wider operations ]in the European Economic Area (EEA)]. Key terms It would be helpful to start by explaining some key terms used in this notice: We, us, our [Insert full legal name of all the trustees or, if the trustees are a professional firm, insert the firm’s name (if acting...

Dive into our 76 Precedents related to Safeguards

Which data processing Precedent can be adapted for use in an intercompany agreement?

Which data processing Precedent can be adapted for use in an intercompany agreement? Precedent: Personal data processing provisions—pro-processor may be adapted to suit your transaction. There are a number of clauses in this Precedent that are optional and can be removed if deemed unnecessary, including • Clause 1.5, and • Clause 10 See also the short form version of this document, Precedent: Personal data processing clause—short-form—pro-processor. Note, however, that this version does not contain a clause which permits international transfers subject to certain safeguards. The clauses above are only suitable for use where the relationship is one of controller and processor. Before putting in

Where a defendant is charged with an either way offence, how is the venue of the trial decided if the defendant refuses to indicate whether they want summary trial or trial on indictment? Does it make any difference if the defendant is unrepresented?

Where a defendant is charged with an either way offence, how is the venue of the trial decided if the defendant refuses to indicate whether they want summary trial or trial on indictment? Does it make any difference if the defendant is unrepresented? This Q&A assumes that the defendant is over the age of 18, is charged with an either-way offence, and the case is not subject to a notice under section 51A or section 51B Crime and Disorder Act 1998 (CDA 1998). The general rule Where a defendant over the age of 18 is charged and brought before a magistrates’ court in respect of an either way offence, if the defendant gives no indication of plea or indicates that he would plead ‘not guilty’, the court must consider whether the case more suitable to be tried summarily or on indictment (section 19(1) of the Magistrates’ Court Act 1980 (MCA 1980)). If the court concludes that summary trial would be more suitable, the court has a statutory duty under MCA...

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EU Law weekly highlights—19 June 2025

This week's edition of EU Law weekly highlights includes analyses on the publication of the digital simplification package set for 10 December 2025 and the finalisation of the General Purpose AI Code of Practice. In addition this week, the Commission published the June 2025 infringement package, opened a four-week consultation on a draft implementing regulation that sets out the rules for disclosing information on unsold consumer products disposed of by businesses under the EU Ecodesign Directive, published a defence omnibus package which includes amendments to EU chemical legislation, published its eighth illustrative programme for nuclear under Article 40 of the Euratom Treaty, proposed a Regulation to phase out Russian fossil fuels, adopted a delegated act amending the Medical Devices Regulation to introduce the Master UDI-DI solution for spectacle products, and published its 2025 State of the Digital Decade report. Further, the Council of the EU and the European Parliament reached a provisional agreement on a new regulation to improve cross-border enforcement of the EU General Data Protection Regulation, the Council...

Tax weekly highlights—19 June 2025

This week's edition of Tax weekly highlights includes: (1) News Analyses on the FTT decisions in Eastern Power Networks, Moffat and Performance Leads, (2) HMRC’s new guidance on cost contribution agreements under the advance pricing agreement programme, (3) HMRC’s direction extending the deadline for making a final VAT return, (4) HMRC’s change of policy on VAT deductions in relation to the management of pension funds, and (5) HM Treasury’s policy paper on ‘Tax policy making principles’.

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