Suspicious transaction reports to FCA soar to record high – OUT-LAW.com

‘The number of reports notifying the UK’s Financial Conduct Authority (FCA) of suspicious transactions have risen to their highest ever level, more than doubling in the last two years.’

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OUT-LAW.com, 23rd October 2017

Source: www.out-law.com

GDPR: scope of rules on profiling not confined to solely automated processing, data watchdog says – OUT-LAW.com

Posted October 23rd, 2017 in data protection, EC law, news, regulations by sally

‘Laws that place restrictions on the ‘profiling’ of individuals do not just apply to data processing completed entirely automatically, EU data protection authorities have said.’

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OUT-LAW.com, 20th October 2017

Source: www.out-law.com

GDPR – the golden opportunity behind the administrative nightmare – Hardwicke Chambers

Posted October 20th, 2017 in data protection, EC law, news, privacy by sally

‘Olive Cooke. You may not recall her name but you may remember the terrible story of the little old lady driven to take her own life partly as a result of being pursued relentlessly for donations by various charities who had obtained her contact details directly or indirectly.’

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Hardwicke Chambers, 6th October 2017

Source: www.hardwicke.co.uk

The Great Repeal Bill: What will happen to accrued rights to claim Francovich damages? – Blackstone Chambers

Posted October 20th, 2017 in bills, damages, EC law, human rights, news, repeals by sally

‘In the Miller litigation, the UK Government placed considerable weight upon its intention to enact a “Great Repeal Bill”. As the Supreme Court understood it, such a Bill would “…repeal the 1972 Act and, wherever practical, it will convert existing EU law into domestic law at least for a transitional period” (see the majority judgment at ¶34, see also ¶¶94, 263). Now that the European Union (Withdrawal) Bill has been published, it appears that Francovich damages are an important exception to this intention.’

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Blackstone Chambers, 3rd October 2017

Source: www.blackstonechambers.com

The Final Destination? The Court of Appeal’s decision in Gahan v Emirates – 4 KBW

Posted October 20th, 2017 in airlines, compensation, delay, EC law, jurisdiction, news, treaties by sally

‘On the 12 October 2017, the Court of Appeal delivered judgment in the joined cases of Gahan v Emirates and Buckley and ors v Emirates [2017] EWCA Civ 1530, in which both the Civil Aviation Authority and the International Air Transport Association intervened.’

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4 KBW, 13th October 2017

Source: www.4kbw.net

ECJ status post-Brexit – Counsel

Posted October 20th, 2017 in bills, brexit, EC law, interpretation, news by sally

‘Will the UK need to keep an eye on ECJ rulings after withdrawal? Rhodri Thompson QC examines the practical and political difficulties.’

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Counsel, October 2017

Source: www.counselmagazine.co.uk

Robert Craig: Why an Act of Parliament Would Be Required to Revoke Notification under Article 50 – UK Constitutional Law Association

Posted October 20th, 2017 in EC law, news, parliament, treaties by sally

‘The possibility of the UK revoking its Article 50 notice is hitting the headlines. The Prime Minister was asked last Monday in Parliament if she had received legal advice that she could revoke the triggering of the Article 50 process. Her equivocal response led many to believe that such advice does indeed exist. Last Tuesday, this blog published an analysis of whether revocation was possible at the European Union level. This post considers the same question from a domestic law point of view. Many similar questions to those raised in the recent Miller litigation are relevant to determining if the Government can revoke the notification under Article 50. This post concludes that as a matter of domestic law, revocation cannot lawfully be attempted without direct authorisation by an Act of Parliament.’

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UK Constitutional Law Association, 16th October 2017

Source: ukconstitutionallaw.org

Keir Starmer Talks Human Rights, Brexit, and Everything In-Between – RightsInfo

Posted October 20th, 2017 in brexit, EC law, human rights, news, terrorism by sally

‘Human rights took centre-stage – alongside a healthy dose of politics – at a discussion between Shadow Minister for Brexit Sir Keir Starmer and the BBC’s Jo Coburn this week.’

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RightsInfo, 19th October 2017

Source: rightsinfo.org

GDPR: Businesses will be considered ‘aware’ of data breaches when their data processors notice the breach, says watchdog – OUT-LAW.com

Posted October 20th, 2017 in data protection, delay, EC law, news, notification by sally

‘Businesses that outsource the processing of personal data to other companies will be said to be aware of data breaches experienced by those processors as soon as the processors themselves recognise the breach, according to proposed new guidance.’

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OUT-LAW.com, 20th October 2017

Source: www.out-law.com

UK withdrawal bill ‘rips the heart out of environmental law’, say campaigners – The Guardian

Posted October 18th, 2017 in bills, EC law, environmental protection, news by sally

‘The cornerstones of wildlife and habitat protection have been quietly left out of the withdrawal bill ripping the heart out of environmental law, campaigners say.’

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The Guardian, 17th October 2017

Source: www.theguardian.com

Cormac Mac Amhlaigh: Can Brexit Be Stopped under EU Law? – UK Constitutional Law Association

‘Ominous clouds are gathering and the terrain underfoot increasingly resembles a quagmire on the Brexiteers’ ‘sunlit uplands’. The latest reminders that the reality will be significantly different from their utopia of a prosperous global Buccaneering Britain has come in the form of a trade dispute between the U.S. and a Canadian aircraft manufacturer which could have a devastating impact on the Northern-Irish economy where the manufacturer has a significant base; and the threat from a gang of countries that they will not accept a proposed agreement (one of the few agreements for now) between the EU and UK as to the divvying up of agricultural import quotas after Brexit. Perhaps most galling on this front is the fact that the gang involves those with whom it was hoped trade deals would be swiftly struck; including the U.S. and New Zealand.’

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UK Constitutional Law Association, 10th October 2017

Source: ukconstitutionallaw.org

FRAND – NIPC Law

Posted October 9th, 2017 in competition, EC law, inventions, licensing, news, patents, public interest, standards by sally

‘FRAND stands for “fair, reasonable and non-discriminatory”. It refers to the terms upon which the owner of a patent for an invention that is essential to a standard (“standard essential patent” or “SEP”) should license its use.’

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NIPC Law, 8th October 2017

Source: nipclaw.blogspot.co.uk

Brexit and the Irish Bar – Brexit Law

‘The Brexit vote has opened a Pandora’s box of uncertainties for UK lawyers, not least the issue of how leaving will affect their rights to practise in the EU.’

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Brexit Law, 6th October 2017

Source: brexit.law

Foster carer fights for workers’ rights – BBC News

‘A foster carer is launching a legal claim to argue for workers’ rights for people in her role.’

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BBC News, 9th October 2017

Source: www.bbc.co.uk

Merris Amos: Red Herrings and Reductions: Human Rights and the EU (Withdrawal) Bill – UK Constitutional Law Association

Posted October 4th, 2017 in bills, EC law, human rights, news by sally

‘When Parliament resumes next week, the EU (Withdrawal) Bill will be entering its Committee stage in the House of Commons. Whilst a variety of issues were raised during the Second Reading debates, the treatment of the EU Charter of Fundamental Rights caused particular concern. The purpose of this post is to clarify the status granted by the Bill to the human rights protected by the Charter after exit day, and to consider how the human rights protected by the Charter might continue to enjoy effective protection when retained EU law is converted into domestic law.’

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UK Constitutional Law Association, 4th October 2017

Source: ukconstitutionallaw.org

FCA chief calls for continued cooperation in financial sector post-Brexit – OUT-LAW.com

Posted October 3rd, 2017 in brexit, EC law, financial regulation, news, treaties by sally

‘The chief executive of the UK’s Financial Conduct Authority (FCA), Andrew Bailey, has called for close cooperation between regulatory bodies to ensure continuity of service for financial institutions after Brexit.’

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OUT-LAW.com, 2nd October 2017

Source: www.out-law.com

The case of the missing mandate – New Law Journal

Posted October 3rd, 2017 in constitutional reform, EC law, news, referendums, treaties by sally

‘David Wolchover contends that there is no mandate for the UK to be taken out of the EU & considers how the European Parliament may force a further referendum.’

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New Law Journal, 8th September 2017

Source: www.newlawjournal.co.uk

Data law: don’t expect a soft start, lawyers warned – Law Society’s Gazette

‘Any hope that a tough new data protection regime will be enforced lightly at first were dashed this week by a senior figure at the Information Commissioner’s Office (ICO). The EU General Data Protection Regulation (GDPR) comes into force on 25 May next year, regardless of domestic legislation currently before parliament.’

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Law Society's Gazette, 29th September 2017

Source: www.lawgazette.co.uk

House of Lords committee to look into need for Brexit transition deal – OUT-LAW.com

Posted September 29th, 2017 in brexit, EC law, inquiries, international relations, news, select committees, speeches, treaties by sally

‘A House of Lords committee is to examine the legal basis for, and potential costs to the UK of, a time-limited Brexit transitional period.’

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OUT-LAW.com, 28th September 2017

Source: www.out-law.com

Oliver Butler: The Data Protection Bill and Public Authority Powers to Process Personal Data: Resurrecting Clause 152 of the Coroners and Justice Bill 2009? – UK Constitutional Law Association

Posted September 28th, 2017 in bills, data protection, EC law, local government, news, public interest by sally

‘The Data Protection Bill currently before Parliament substantially resurrects the controversial clause 152 of the Coroners and Justice Bill 2009. Careful scrutiny of this provision is needed and it must not be lost in the legislative morass as the UK grapples with data protection reform.’

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UK Constitutional Law Association, 28th September 2017

Source: ukconstitutionallaw.org