The following Information Law Q&A provides comprehensive and up to date legal information covering:
The General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR), will replace Directive 95/46/EC (Data Protection Directive) and all implementing data protection legislation in EU Member States, including the UK’s Data Protection Act 1998 (DPA 1998) from 25 May 2018. The GDPR will be directly applicable in all Member States without the need for implementing national legislation.
This Q&A relates to a transfer between two businesses (which are not public bodies or public authorities) and does not encompass the ‘limited transfer for compelling legitimate interests’ exemption mentioned below. For the purposes of this Q&A, we have assumed that there are no relevant adequacy decisions pursuant to GDPR, Regulation (EU) 2016/679, Art 45(3) and no appropriate safeguards pursuant to GDPR, Regulation (EU) 2016/679, Art 46.
GDPR, Regulation (EU) 2016/679, Art 44 provides (emphasis added):
‘Any transfer of personal data which are undergoing processing or are intended for processing after transfer to a third country or to an international organisation shall take place only if, subject to the other provisions of this Regulation, the conditions laid down in this Chapter are complied with by the controller and processor, including for onward transfers of personal data from the third country or an international organisation to another third country or to another international organisation. All provisions in this Chapter shall be applied in order to ensure
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The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring infrastructure, with the potential to deliver a project more efficiently and economically. One of the most popular PPP models for procuring infrastructure
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a payment in lieu of notice ('PILON') as an alternative to giving notice, to ensure
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