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CHECKLISTS
This Checklist is designed for use by a buyer undertaking data protection due diligence in the course of acquiring the shares or assets of a business that processes personal data in the context of using, developing or supplying generative artificial intelligence (GenAI) systems. It aims to surface data protection risks and enable a buyer to form a comprehensive view of a target’s risk profile in respect of its GenAI systems, models or tools used for internal operational purposes or provided externally to third parties (Business GenAI Systems). GenAI—a type of artificial intelligence that creates new content, such as text, images, audio, video or code, based on patterns learned from training data—is now widely adopted across industries and national borders. GenAI systems typically rely on substantial volumes of data, including personal data, to train and refine their underlying models. Their development and deployment may therefore give rise to significant compliance challenges under the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) regime, particularly in relation to the principles
GLOSSARY
A medicinal product which contains the same active substances and has the same pharmaceutical form as the original branded reference medicinal product, and whose bioequivalence with the reference medicinal product has been demonstrated by appropriate bioavailability studies, as defined in Article 10(2)(b) of Directive 2001/83/EC.
Q&As
Where an estate is solvent but, after payment of the funeral, testamentary and administration expenses, debts and liabilities, the estate is insufficient to pay all legacies in full, the legacies must abate. As you have noted, Section 34 and Part II of Schedule 1 of the Administration of Estates Act 1925 (AEA 1925) govern the order of application of a solvent estate for payment of the deceased's expenses, debts and liabilities as between beneficiaries and applies on the death of any person after 1925. This is subject to any contrary intention contained in the deceased's Will. See Practice Notes: • Payment of legacies and • Contents of Wills—legacies, at the section titled 'Abatement of legacies' Following the statutory order, pecuniary legacies generally do not abate where there is residue available to meet the expenses, debts and liabilities of the estate. If the pecuniary legacy in question is due to abate according to the statutory order and circumstances (ie there are no specific provisions in the Will as to the priority order), then it would be unusual
PRECEDENTS
Agreement [Name of employer] (the Employer), Company number: [insert Employer’s company number] [Address of employer’s registered office] Order/Contract No: [insert order/contract number] Date: [insert date] This Contract is placed subject to the terms and conditions set out below. To: [insert name of Contractor] (the Contractor) Company number: [insert Contractor’s company number]Address: [insert address of Contractor’s registered office]Attention: [insert name of relevant persons at the Contractor] Contract Sum (excluding VAT): £[insert contract sum]Payment TermsInstalment 1: [insert details of instalment] Amount £[insert amount]Instalment 2: [insert details of instalment] Amount £[insert amount][set out details of all instalments, as required]Completion of Works: £[insert amount] Site: [insert name/details of site]Works: [insert brief description of the Works]as more particularly described in and supplemented by the following documents (the ‘Numbered Documents’) which shall form part of the Contract: [insert name(s) of document(s) where works and/or goods described in detail] [Contractor’s Key Personnel:] [[insert names]] Commencement Date: [insert date]Date for completion: [insert date] Liquidated damages: £[insert amount] per day Nominating
PRECEDENTS
Sub-contract agreement [Name of main contractor] (the Main Contractor), Company number: [insert Main Contractor’s company number] [Address of Main Contractor’s registered office] Sub-Contract No: [insert sub-contract number] Date: [insert date] This Sub-Contract is placed subject to the terms and conditions set out below. To: [insert name of Sub-Contractor] (the Sub-Contractor) Company number: [insert Sub-Contractor’s company number]Address: [insert address of Sub-Contractor’s registered office]Attention: [insert name of relevant persons at the Sub-Contractor] Sub-Contract Sum: £[insert sub-contract sum]Payment TermsInstalment 1: [insert date(s) for payment of instalment(s)] Amount £[insert amount]Instalment 2: [insert date(s) for payment of instalment(s)] Amount £[insert amount]Instalment 3: [insert date(s) for payment of instalment(s)] Amount £[insert amount]Completion of Sub-Contract Works: £[insert amount] Site: [insert name/details of site]Sub-Contract Works: [insert brief description of the sub-contract works][Goods: [insert brief description of goods]] as more particularly described in and supplemented by the following documents (the ‘Numbered Sub-Contract Documents’) which shall form part of the Sub-Contract: [insert name(s) of document(s) where works and/or goods described in detail] [Sub-Contractor’s Key Personnel:] [[insert names]] Commencement
GLOSSARY
As part of the process of underwriting, life companies have agreed to abide by a moratorium drawn up by the Association of British Insurers (ABI) which specifically precludes them from asking for any genetic testing to be performed. If however the applicant has previously undergone a genetic test and the results are known by the applicant, then the life company is within its rights to ask to be made aware of those test results and take them into consideration when assessing the risk.
GLOSSARY
GMOs are organisms (apart from human beings) whose genetic material has been altered in a way that does not occur naturally by reproduction and/or natural recombination. EU legislation on GMOs deals with the use, deliberate release into the environment and marketing of GMOs, including genetically modified food and animal feed, based on an assessment of their risks to health and the environment.
GLOSSARY
Genocide refers in legal practice to certain extreme acts of mass violence committed with the intention of destroying a national, ethnic, racial or religious group, in whole or in part. It is most often encountered in the context of international criminal law, asylum and immigration claims, universal jurisdiction, extradition, and human rights litigation.In the UK and Ireland, “genocide” is not a general common law term but a legally defined international crime. Its core elements derive from the 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide, implemented in the UK by the Genocide Act 1969 (now largely superseded) and subsequent legislation, and in Ireland by the Genocide Act 1973 and later statutes. Domestic courts interpret the term consistently with international jurisprudence, including decisions of international criminal tribunals.Key features include: (1) specified underlying acts, such as killing or causing serious bodily or mental harm; (2) the targeting of a protected group; and (3) the specific intent (dolus specialis) to destroy that group as such. Usage and legal meaning are broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland.
GLOSSARY
Indirect investments held through a Genuine Diverse Commercial Vehicle (GDCV) will not be subject to tax charges when held as a scheme investment by an investment-regulated pension scheme.
NEWS
Employment analysis: If there is a genuine material factor defence to an equal pay claim, that defence will continue to apply until there is a new pay decision which is tainted by sex discrimination and to which that defence does not apply, according to the EAT.
PRACTICE NOTES
This Practice Note looks at genuineness and eligible role considerations in sponsored worker routes. These relate to, among other things, the genuine existence of vacancies/roles, the financial sustainability of vacancies/roles, qualifications/registration of applicants, job requirements, and the intention of the applicant worker. Relevant requirements are set out in the Immigration Rules for Skilled Worker, Global Business Mobility and Scale-up routes, and also in the Sponsor Guidance which apply to all sponsored work routes. The initial 2008 model for sponsored employment under the Points-Based System was essentially one of self-certification—employers were required to sign up to and put in place rigorous compliance systems in order to obtain a sponsor licence, and thereafter would be able to issue their own Certificate of Sponsorship (CoS) (subject to occasional compliance visits and other checks to see that they were still fulfilling their sponsor duties, including correctly issuing CoS). This principle was slightly diluted with the introduction of what became known as restricted CoS at the time of the introduction of the interim limits
GLOSSARY
A number from the national numbering plan where part of its digit structure contains geographic significance used for routing calls to the physical location of the network termination point of the subscriber to whom the number has been assigned.