The following Risk & Compliance practice note provides comprehensive and up to date legal information covering:
This Practice Note is intended for in-house lawyers, privacy and compliance professionals in private sector commercial organisations in the UK. It sets out the legal and practical challenges organisations face when transferring data outside the UK and suggests some risk management measures you may wish to adopt. For more detailed guidance on the law relating to international transfers, see Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations. This Practice Note is not intended for public sector organisations.
See also Precedents: Transfer impact assessment—personal data and International personal data transfer—data recipient questionnaire.
This Practice Note reflects the UK GDPR and:
Information Commissioner’s Office (ICO) guidance on International transfers after the UK exit from the EU Implementation Period
European Data Protection Board (EDPB) Guidelines on Article 49 of the GDPR
the decision in Facebook Ireland and Schrems, Case C-311/18—this case relates to the EU GDPR, but it is assumed that the same principles apply to the UK GDPR
EDPB FAQs on the judgment in Schrems II
EDPB Recommendations on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data
EDPB Recommendations on the European Essential Guarantees for surveillance measures
the EU-UK Trade and Cooperation Agreement, Article SERVIN 5.13 and Annex SERVIN-6
The EDPB Recommendations apply to the EU GDPR transfer regime (as opposed to the
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The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for
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
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
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