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
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Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
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Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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