The following Information Law practice note provides comprehensive and up to date legal information covering:
Brexit: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the UK regime which is expected to apply once the implementation period (during which the UK remains subject to the EEA data protection regime) has ended. The UK GDPR regime is not applicable nor in force until 11 pm (UK time) on 31 December 2020. This Practice Note will be updated as matters progress. For further background, see Practice Note: Brexit—implications for data protection.
On 31 January 2020, the UK ceased to be an EU Member State and entered a Brexit implementation period. This Practice Note introduces the approach to sanctions and enforcement under:
the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) regime (applicable under UK law until the end of the Brexit implementation period at 11 pm UK time on 31 December 2020 and remaining applicable in EEA states thereafter—any references to EEA or EU states in this Practice Note should therefore be read to also include the UK until the end of that implementation period), and
the Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime (applicable under UK law from the end of the Brexit implementation period on 31 December 2020)
Where there is no need to distinguish the two regimes, this Practice Note refers to both as the
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Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a tendency to•and is intended to
The rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into three groups:•absolute rights—which cannot be interfered with by the state or derogated from even in a state of emergency•limited rights—which may be
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
There are several offences of tipping-off and prejudicing an investigation that apply to the regulated sector. There is also an offence of prejudicing an investigation that applies only to the unregulated sector. Both sectors are subject to an additional offence of interfering with documents.This
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