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PRACTICE NOTES
CASE HUB (note–appealed in Eurotunnel and Société Coopérative de Production SeaFrance v Competition Commission, with case remitted back to CC in Eurotunnel/SeaFrance (remittal investigation)). ARCHIVED–this archived case hub reflects the position at the date of the decision of 6 June 2013; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline UK merger investigation into the acquisition by Eurotunnel of ferries and other assets of SeaFrance. Latest developments The CC issued its final report on 6 June 2013 and prohibited Eurotunnel from operating ferry services from Dover for ten years. The prohibition was due to take effect in six months time, giving Eurotunnel time to sell the former SeaFrance ferries if it wishes to do so—if it does sell the ferries, it will not be able to re-acquire them for ten years and will not be permitted to launch sailings from Dover using other ferries for two years.Eurotunnel and SCOP appealed the CC's decision to the Competition Appeal Tribunal (CAT) (see Eurotunnel and Société Coopérative de Production SeaFrance v Competition Commission). Whilst
GLOSSARY
Economic and monetary union of the EU Member States that have adopted the euro as their common currency.
GLOSSARY
Euthanasia is the act of intentionally intervening to consciously end the life of an individual with the aim of relieving that individual's pain and suffering.
GLOSSARY
For the purposes of the offence of fraudulent evasion of duty, etc, contrary to the Customs and Excise Management Act 1979, s 170, the prosecution must prove dishonest conduct deliberately intended to evade the chargeable duty, etc.
FLOWCHARTS
This Flowchart maps out a process for evaluating portability requests that your organisation receives under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018). It should be read in conjunction with Practice Note: How to handle data subject requests and Handling data subject requests—flowchart, which covers requirements common to all data subject requests under the UK GDPR. Data subjects can make a request to an organisation to exercise their right to data portability at any time. This is not, however, an absolute right to transfer data—it only applies where: • the data subject has provided personal data to you • the processing is based on consent or performance of a contract, and • the processing is carried out by automated means See Practice Notes: Rights of data subjects—Right to data portability and Data portability. You must respond to the data subject without undue delay and, in any event, within one month of the latest of: • receiving the request • receiving any identity information
FLOWCHARTS
Data subjects can make a request to an organisation to exercise their right to rectification of their personal data at any time and there are strict time limits for complying with requests made. See Practice Notes: • Rights of data subjects • How to handle data subject requests This Flowchart maps out a process for evaluating rectification requests that your organisation receives under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018). It should be read in conjunction with Practice Note: How to handle data subject requests and Handling data subject requests—flowchart, which cover requirements common to all data subject requests under the UK GDPR. You must respond to the data subject without undue delay and, in any event, within one month of the latest of: • receiving the request • receiving any identity information you have requested • payment of any fee you have charged You can extend the time period for responding by two further months where necessary, taking into
FLOWCHARTS
The UK General Data Protection Regulation (UK GDPR) provides a number of rights for data subjects, including requesting access to their personal data. See Practice Note: How to handle data subject requests. Data subjects can make a data subject access request (DSAR) at any time and there are strict time limits for complying with requests made. However, you are only required to conduct a reasonable and proportionate search for the personal data and information requested. This Flowchart maps out a process for evaluating DSARs. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018). It should be read in conjunction with Practice Note: How to handle data subject requests and Handling data subject requests—flowchart, which covers requirements common to all data subject requests under the UK GDPR. You must respond to the data subject without undue delay and, in any event, within one month of the latest of: • receiving the request • receiving any identity information you have requested • payment of any fee you have
FLOWCHARTS
Data subjects can make a request to an organisation to exercise their right to erasure of their personal data 'without undue delay' where there is no compelling reason for its continued processing. This is not, however, an absolute right to be forgotten—it is a right to have personal data erased in specific circumstances. There are strict time limits for complying with requests made. See Practice Notes: • Rights of data subjects • How to handle data subject requests This Flowchart maps out a process for evaluating erasure requests that your organisation receives under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018). It should be read in conjunction with Practice Note: How to handle data subject requests and Handling data subject requests—flowchart, which cover requirements common to all data subject requests under the UK GDPR. You must respond to the data subject without undue delay and, in any event, within one month of the latest of: • receiving the request • receiving any identity
FLOWCHARTS
Data subjects can make a request to an organisation to exercise their right to restriction of processing of their personal data in certain circumstances. It is not, however, an absolute right—see Practice Notes: • Rights of data subjects • How to handle data subject requests This Flowchart maps out a process for evaluating restriction of processing requests that your organisation receives under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018). It should be read in conjunction with Practice Note: How to handle data subject requests and Flowchart: Handling data subject requests—flowchart, which covers requirements common to all data subject requests under the UK GDPR. You must respond to the data subject without undue delay and, in any event, within one month of the latest of: • receiving the request • receiving any identity information you
FLOWCHARTS
Data subjects can make a request to exercise their right to object to processing at any time. This is not, however, an absolute right to object—it only applies in specific circumstances, which are reflected in this flowchart. See also Practice Note: Rights of data subjects—Right to object. This Flowchart maps out a process for evaluating a data subject request under the right to object that your organisation receives under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018). It should be read in conjunction with Practice Note: How to handle data subject requests and Flowchart: Handling data subject requests—flowchart, which covers requirements common to all data subject requests under the UK GDPR. You must respond to the data subject without undue delay and, in any event, within one month of the latest of: • receiving the request • receiving any identity information you have requested • payment of any fee you have charged You can extend the time period for responding
PRACTICE NOTES
This Practice Note provides guidance on suggested procedures for evaluating and monitoring third parties such as barristers and experts who are instructed by your firm on client matters. This is not the same as introducing your client to a third party, such as a financial adviser or other lawyer—see separate Practice Note: Introductions to third parties. Difference between instructing a third party and introducing a client to a third party The SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs (Code for Individuals) and the SRA Code of Conduct for Firms (Code for Firms) impose specific obligations in relation to ‘referrals, introductions and separate businesses’. Although it is not entirely clear, the language of the Codes tend to suggest these obligations apply when referring or introducing your client to external third parties (or receiving referrals from third parties), rather than simply instructing third parties such as barristers or experts on behalf of your client as part of the matter you are handling for them. This interpretation is reinforced by the inclusion of free-standing
GLOSSARY
Evaluations assess existing and future EU programmes, policies and legislation and aim to support the preparation of new EU initiatives. As such, evaluations are part of the decision-making process of the Commission and ensure a transparent and evidence-based approach of this process.