Monthly Archives: November 2020

Control the process: mastering your data processing agreements

Data controllers and processors are required to have in place certain mandatory clauses in respect of personal data governed by the GDPR, while transfers of personal data between the EEA and the rest of the world add an extra layer …

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Litigation privilege does not apply to tax advice from accountancy firms, rules High Court

When provided by an accountancy firm, advice on how to structure your affairs for tax purposes is not protected by legal advice privilege, and it may therefore need to be disclosed in a subsequent HMRC investigation or in litigation. This …

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Regulating Remotely

In this webinar members of our Financial Services group explore the various issues caused by remote working that financial services firms face. A mass return to the workplace may be many months away. Working from the home office is now …

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Furlough Extension: This week’s important updates

If you have missed our previous furlough extension updates, please click here for the key points of the scheme including how much employers can claim, how the scheme can be used, cash grants for businesses which have been forced to …

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No rest for the European Data Protection Board

This month has seen a flurry of activity amongst European authorities and regulators in the data protection sphere.The European Data Protection Board (EDPB), which includes representatives from the data protection regulators of each EU member state, has published a number of recommendations that businesses should take note of in order to comply with the General Data Protection Regulation (GDPR).Firstly, in the wake of the much-publicised Schrems II case this summer, the EDPB has endeavoured to give some much-needed clarity on what organisations need to do if they want to transfer personal data outside of the European Economic Area (EEA). Assuming that other routes to achieving this in compliance with the GDPR (such as sending personal data to a country that has received an adequacy decision from the EU) are unavailable, where organisations wish to rely on the EU Commission’s standard contractual clauses (SCCs), the recommendations confirm that they must verify on a case-by-case basis whether the destination country affords equivalent levels of protection as within the EEA. In addition, they must supplement the SCCs with additional measures, ranging from technical and organisational to contractual. Whichever steps are taken must be documented to comply with the GDPR’s accountability duty.The recommendations also stress the need to consider whether access to transferred personal data by government or surveillance authorities in the destination country is likely. If so, exporting organisations will need to consider whether this access may undermine the SCCs. A second set of recommendations sets out four criteria, known as ‘essential guarantees’, against which to determine whether the interference of the destination country’s surveillance laws with individuals’ data protection and privacy rights is acceptable by EU standards. These are as follows:Is the processing is based on clear, precise, and accessible rules?Is the processing is necessary and proportionate to the legitimate objectives pursued?Is there is an independent oversight mechanism?Are effective remedies available to individuals concerned?In addition, the European Commission has at last published its draft set of revised standard contractual clauses, which are currently open for consultation and are expected to be formally adopted early next year. Happily, these include processor-to-controller standard contractual clauses, which, in the event the UK receives no adequacy decision from the EU before the end of the Brexit transition period, could be the lifeline businesses need to establish compliant personal data flows from the EEA to a UK that will soon be a ‘third country’.Raj Shah and Howard Ricklow from Collyer Bristow’s data privacy team will be discussing all of the above and more in a live interactive webinar on Thursday 26 November 2020 at 11am GMT. To register your interest, please click here.

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The prospect of further CGT changes – bad news for taxpayers, homeowners, and business owners?

With the economy still suffering the consequences of the Covid pandemic, the job of Chancellor of the Exchequer is perhaps even more challenging than usual.  Yet even before the pandemic, there were rumours of changes ahead for capital gains tax …

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PRESS RELEASE: Collyer Bristow calls for an extension to the stamp duty holiday

The call follows a sustained period of unprecedented demand on property lawyers, surveyors and lenders that is likely to result in many homebuyers missing out on the valuable relief. Janet Armstrong-Fox, Partner and Head of Private Client Property at Collyer …

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Furlough Extension: Further Guidance Released

Following the government’s announcement last week that furlough is to be extended until 31 March 2021, further guidance on the scheme has now been published. If you missed our furlough extension update last week, click here for the key points …

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The importance of having a Will and reviewing it regularly

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The Collective Redress Directive- extending class actions for consumers

The Collective Redress Directive extends the availability of class actions and forms part of the European Commission’s 2018 “New Deal for Consumers” initiative aimed at strengthening enforcement of EU consumer law. Its intention is to address EU-wide infringements and to …

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