The following Employment Q&A provides comprehensive and up to date legal information covering:
Regulation (EU) 2016/679, General Data Protection Regulation (GDPR) itself describes issues pertaining to data protection officers (DPOs) at Articles 37 to 39.
Specifically, at Article 38(3), the Regulation provides the following protection to a DPO:
‘[The data protection officer] shall not be dismissed or penalised by the controller or the processor for performing his tasks.’
This protection is mentioned in Practice Note: Data protection officer (see under the heading Protected status of DPO).
This general protection for DPOs is not however reproduced in the Data Protection Act 2018 (DPA 2018). There is apparently very similar protection at DPA 2018, s 70(3)(c), but that section is in fact part of DPA 2018, Pt 3 and therefore relates to ‘Law Enforcement Processing’ only and is not of general application. It follows that the remedies open to a DPO outside the scope of ‘Law Enforcement Processing’ are not to be found in the DPA 2018 but in the GDPR itself.
As regards individual rights of redress, under the GDPR itself:
at Article 82(1), the Regulation states as follows:
‘Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered.’
at Article 82(6), the Regulation explains that ‘Court proceedings for exercising the right to receive compensation shall be brought before the
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What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
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
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
IntroductionShari'ah (also Sharia, Shariah or Shari’a) (literally, in Arabic, 'the path towards the watering place') or Islamic law is the legal system of the religion of Islam that sets out a system of duties or code of conduct for individuals to follow so that they may live their life in a
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