Information law

Practice notes

The supremacy of EU law

The supremacy of EU lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...

Produced in partnership with Adam Cygan of University of Leicester 19th May

Q&As

What is Wednesbury unreasonableness?

What is Wednesbury unreasonableness?Public authorities generallyPublic authorities are constrained in their actions as they are required to act in...

19th May

Practice notes

Indirect effect of EU law

Indirect effect of EU lawWhat is indirect effect of EU law?The doctrine of indirect effect, or consistent interpretation, is a duty that national...

Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd 19th May

Brexit

Practice notes

Convention rights—structure of qualified rights

Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human...

Produced in partnership with Alexander Campbell of Field Court Chambers 19th May

Practice notes

Parliamentary committees

Parliamentary committeesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...

19th May

Practice notes

Judicial review—time limits and the pre-action protocol

Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...

Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 19th May

Practice notes

Brexit—exiting the EU under Article 50 [Archived]

Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...

Produced in partnership with Adam Cygan of University of Leicester 19th May

Brexit

Practice notes

Judicial review time limits—extensions and urgent cases

Judicial review time limits—extensions and urgent casesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 19th May

Q&As

What is fettering of discretion in judicial review? When is it an actionable ground of challenge and what must be established for a challenge to succeed?

What is fettering of discretion in judicial review? When is it an actionable ground of challenge and what must be established for a challenge to...

Produced in partnership with Jamas Hodivala of Matrix Chambers 19th May

Practice notes

Brexit legislation tracker

Brexit legislation trackerThis Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the...

19th May

Brexit

Practice notes

Parliamentary supremacy—implied repeal

Parliamentary supremacy—implied repealIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...

Produced in partnership with Carl Gardner 19th May

Practice notes

Secondary or delegated legislation

Secondary or delegated legislationLegislationThe English legal system is based upon two primary sources of law:•legislation, and•case law, or common...

19th May

Practice notes

Parliamentary supremacy the enrolled bill rule

Parliamentary supremacy the enrolled bill ruleIt is not possible to successfully argue that an Act of Parliament is invalid because of flaws, or even...

Produced in partnership with Carl Gardner 19th May

Practice notes

Introduction to retained EU law

Introduction to retained EU lawThis Practice Note provides an introduction to retained EU law. It provides an overview of the key definitions and...

Produced in partnership with Dr. Kieran Laird of Gowling WLG 19th May

Brexit

Practice notes

Parliamentary privilege and the Bill of Rights 1688

Parliamentary privilege and the Bill of Rights 1688Arguably the most significant of these ‘statutory’ aspects of parliamentary privilege is freedom of...

Produced in partnership with Carl Gardner 19th May

Practice notes

Sources of constitutional law

Sources of constitutional lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...

Produced in partnership with Carl Gardner 19th May

Practice notes

UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations

UK GDPR and EU GDPR—transfers of personal data internationally and to international organisationsIn briefData protection laws in both the EEA (the EU...

17th Sep

Brexit

In-house

Q&As

Can NHS trusts charge a fee to the police for providing them with copies of patient medical records?

Can NHS trusts charge a fee to the police for providing them with copies of patient medical records?In answering this query, it has been assumed that...

17th Sep

Practice notes

Key definitions under data protection law

Key definitions under data protection lawOn 31 January 2020, the UK ceased to be a member of the EU and EEA. Given the extensive data flows between...

17th Sep

Practice notes

Processing personal data—obtaining, recording and managing consent

Processing personal data—obtaining, recording and managing consentThis Practice Note is based on the UK GDPR and consent guidance published by the...

16th Sep

Practice notes

Brexit—implications for data protection

Brexit—implications for data protectionThis Practice Note discusses the impact of Brexit on the general processing of personal data under the General...

14th Sep

Brexit

In-house

Precedents

Personal data processing schedule—short form—pro-controller

Personal data processing schedule—short form—pro-controllerThis Precedent is drafted in contemplation of arrangements where the parties wish to insert...

7th Sep

Practice notes

Data protection principles

Data protection principlesOn 31 January 2020, the UK ceased to be a member of the EU and EEA. Given the extensive data flows between the EEA and UK,...

Produced in partnership with Pillsbury Winthrop Shaw Pittman LLP 31st Aug

Q&As

What steps does a data controller have to take under the Data Protection Act 1998 when transferring a database of personal data to a company taking over some of its operations?

What steps does a data controller have to take under the Data Protection Act 1998 when transferring a database of personal data to a company taking...

26th Aug

Precedents

Personal data sharing schedule—controller to controller—pro-disclosing party

Personal data sharing schedule—controller to controller—pro-disclosing partyDefined terms: This precedent schedule uses the additional defined terms...

26th Aug

In-house

Precedents

Personal data sharing clause—controller to controller—pro-receiving party

Personal data sharing clause—controller to controller—pro-receiving partyDefined terms: This precedent clause uses the additional defined terms...

26th Aug

Q&As

Have the standard contractual clauses (model clauses) been updated for the General Data Protection Regulation?

Have the standard contractual clauses (model clauses) been updated for the General Data Protection Regulation?Background to the standard contractual...

26th Aug

Q&As

What is the impact of Brexit on international transfers of personal data?

What is the impact of Brexit on international transfers of personal data?This Q&A looks at the impact of Brexit on cross-border transfers of personal...

26th Aug

Brexit

Practice notes

List of data protection clauses and agreements for commercial transactions and personal data processing and sharing

List of data protection clauses and agreements for commercial transactions and personal data processing and sharingThis Practice Note is a...

26th Aug

Q&As

Can the European Commission Standard Contractual Clauses (Controller to Processor) template be used for data being transferred from one controller to two data processors based on a tri-party commercial agreement, or should two separate templates be used?

Can the European Commission Standard Contractual Clauses (Controller to Processor) template be used for data being transferred from one controller to...

25th Aug

Q&As

Can an EU based organisation (which is a controller) once the GDPR applies transfer personal data outside of the EEA to a non-EU (and non-EEA) controller in reliance only on the derogations provided in Article 49 of the GDPR (where none of the appropriate safeguards provided under Article 46 of the GDPR can be used) or are there any other requirements which must be met to rely on Article 49 of the GDPR? Is there any guidance on the circumstances to which subparagraphs (a) to (c) of Article 49(1) of the GDPR apply?

Can an EU based organisation (which is a controller) once the GDPR applies transfer personal data outside of the EEA to a non-EU (and non-EEA)...

25th Aug

Q&As

Must group companies wishing to share personal data enter into a data processing agreement?

Must group companies wishing to share personal data enter into a data processing agreement?This Q&A touches on many aspects of the data protection...

Produced in partnership with JP Buckley of DWF LLP 25th Aug

Q&As

If a data controller shares personal data with another data controller based outside the EEA, and in doing so exports that personal data outside of the EEA using one of the permitted data export exceptions or adequacy solutions under Schedule 4 of the Data Protection Act 1998 (DPA 1998), does the transferor data controller retain any liability for the processing of that personal data by the transferee controller under the DPA 1998?

If a data controller shares personal data with another data controller based outside the EEA, and in doing so exports that personal data outside of...

Produced in partnership with Shobana Iyer of Swan Chambers 25th Aug

Q&As

Does a company transferring personal data to one of its US group companies or enabling access to their UK servers by their US group company need to put in place any solutions to permit the transfer?

Does a company transferring personal data to one of its US group companies or enabling access to their UK servers by their US group company need to...

25th Aug

Q&As

Can the Model Clauses be amended to limit or exclude the rights of a data subject?

Can the Model Clauses be amended to limit or exclude the rights of a data subject?Amending Model ClausesClause 10 of the 2010 Model Clauses provides...

25th Aug

Precedents

Personal data processing schedule—short form—pro-processor

Personal data processing schedule—short form—pro-processorThis precedent is drafted in contemplation of arrangements where the parties wish to insert...

25th Aug

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