An article from Emplaw author Colin Lekey from Lewis Silkin with 10 key takeaways from the EU’s Transparent and Predictable Working Conditions Directive . The Directive has been  passed by all parts of the EU’s legislative machinery and Member States have until mid-2022, to implement it into domestic law. Depending on the final shape of Brexit or not, the UK may or may not be obliged to comply with the Directive but it has already shaped  UK legislation with regards to new requirements for written statements coming into force next year.

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Your one-stop monthly read to keep you up to date on employment law, news and cases. Working time holiday and record keeping headline this month as well an update on NDAs and new reporting requirements for companies.

An article from Emplaw authors, Lewis Silkin, discussing the recent Court of Appeal decision in East of England Ambulance Service NHS Trust v Flowers confirming  when the Working Time Directive requires voluntary overtime to be included in holiday pay, plus WTD tips for employers

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A  podcast from barristers at Cloisters discussing the practical ramifications of the Court of Appeal decision in Efobi, including what evidence each party is expected to present or seek in discrimination claims for the purpose of Stage 1, and the extent of the assistance a litigant in person can expect from a tribunal. Watch now

Information Commissioner

Key Points

  • Please see our summary GDPR card here
  • The Information Commissioner is an independent officer, appointed by the Queen for a seven year term and reporting directly to Parliament, whose role is to uphold information rights in the public interest, promote openness by public bodies and data privacy for individuals.
  • The Commissioner acts through his Office, commonly referred to as the 'ICO'. 
  • Please see our summary GDPR card here
  • The Information Commissioner is an independent officer, appointed by the Queen for a seven year term and reporting directly to Parliament, whose role is to uphold information rights in the public interest, promote openness by public bodies and data privacy for individuals.
  • The Commissioner acts through his Office, commonly referred to as the 'ICO'. 

Personal Data

Key Points

  • This card represents the law post-GDPR implementation. Please see our summary GDPR card here
  • The definition of personal data is contained in Data Protection Act 2018, section 3
  • Personal data under the DPA 2018 has to be interpreted consistently with the definition of personal data in the GDPR
  • Personal data is defined in a more detailed way than under the Data Protection Act 1998 and there are tighter restrictions on employers, as data controllers, on processing personal data
  • This means that the GDPR and the DPA 2018 must be read side by side
  • The GDPR has direct effect across all EU member states although member states can make provisions for how it applies in each country. 
  • This card represents the law post-GDPR implementation. Please see our summary GDPR card here
  • The definition of personal data is contained in Data Protection Act 2018, section 3
  • Personal data under the DPA 2018 has to be interpreted consistently with the definition of personal data in the GDPR
  • Personal data is defined in a more detailed way than under the Data Protection Act 1998 and there are tighter restrictions on employers, as data controllers, on processing personal data
  • This means that the GDPR and the DPA 2018 must be read side by side
  • The GDPR has direct effect across all EU member states although member states can make provisions for how it applies in each country. 

Special categories of personal data (previously Sensitive Personal Data)

Key Points

  • Under the Data Protection Act 1998 there were provisions relating to 'sensitive personal data'. Under the GDPR and the Data Protection Act 2018, there is no definition of  'sensitive personal data'
  • Under the GDPR there are 'special categories' of personal data which largely reflect the categories which were previously known as 'sensitive personal data'
  • Please see our summary GDPR card here
  • Under the Data Protection Act 1998 there were provisions relating to 'sensitive personal data'. Under the GDPR and the Data Protection Act 2018, there is no definition of  'sensitive personal data'
  • Under the GDPR there are 'special categories' of personal data which largely reflect the categories which were previously known as 'sensitive personal data'
  • Please see our summary GDPR card here

Filing System

Key Points

  • Please see our summary GDPR card here
  • Under the DPA 1998  one of the categories of information that was defined as ‘data’ was information which is recorded as part of a 'relevant filing system'. Under the GDPR and the DPA 2018 there is no reference to a 'relevant filing system' although there is a short definition of a filing sysytem

 

  • Please see our summary GDPR card here
  • Under the DPA 1998  one of the categories of information that was defined as ‘data’ was information which is recorded as part of a 'relevant filing system'. Under the GDPR and the DPA 2018 there is no reference to a 'relevant filing system' although there is a short definition of a filing sysytem

 

An inciteful article from Emplaw authors, Gowling WLG, taking a look at the recent CJEU ruling that, in order to comply with the EU Working Time Directive, employers are obliged to maintain reliable records, and how the decision may affect UK employers.
For the article click here
For the Emplaw case summary and link to full report, click here