The following Life Sciences Q&A provides comprehensive and up to date legal information covering:
Article 2 of Directive 95/46/EC (Directive) provides that ‘personal data’ is information relating to an identified or identifiable natural individual, an identifiable individual being one who can be identified, directly or indirectly, in particular, by reference to an identification number or to one or more factors specific to the individual’s physical, physiological, mental, economic, cultural or social identity.
Recital 26 of Directive 95/46/EC states that in determining whether an individual is identifiable, account must be taken of all the means reasonably likely to be used by the data controller or any other person to identify the said individual. In case Patrick Breyer v Bundesrepublik Deutschland, the ECJ held that the means reasonably likely to be used by the data controller or ‘any other person’ does not require that all the information enabling identification be in the possession of one person.
Articles 2–3 of Directive 95/46/EC provides that Directive 95/46/EC applies to the processing of personal data wholly or partly by automatic means.
Section 1 of the Data Protection Act 1998 (DPA 1998) provides that:
data includes information which is processed, or intended to be processed, by means of equipment operating automatically in response to instructions, and
personal data is data
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak. For updates on key developments and related practical guidance on the implications for lawyers, see Practice Note: Coronavirus (COVID-19)—implications
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
Joint, several, and joint and several liabilityContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and
Escrow accounts and escrow agreementsThis Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow account. It looks at the benefits of paying funds into escrow, how an escrow account operates and the provisions
0330 161 1234