GDPR - Beyond the Panic
by Eduardo Ustaran, in the Internet Newsletter for Lawyers.
Eduardo is an internationally recognised expert in privacy and data protection law and
specialises in the legal issues that derive from the use of information technology and the Internet.
He is a dually qualified English Solicitor and Spanish Abogado and a partner in Hogan Lovells.
He advises some of the world's leading companies on the adoption of global privacy strategies.
The EU General Data Protection Regulation (GDPR)
is the most important change in data privacy regulation in 20 years. This site aims to
explain it and help firms prepared.
Intro from the site -
After four years of preparation and debate the GDPR was finally approved by the EU Parliament on 14 April 2016.
It will enter in force 20 days after its publication in the EU Official Journal and will be directly application in
all members states two years after this date. Enforcement date: 25 May 2018 - at which time those organizations in
non-compliance will face heavy fines.
The EU General Data Protection Regulation (GDPR) replaces the Data Protection Directive 95/46/EC and was designed
to harmonize data privacy laws across Europe, to protect and empower all EU citizens data privacy and to reshape
the way organizations across the region approach data privacy. The key articles of the GDPR, as well as information
on its business impact, can be found throughout this site.
Information Commissioner's Office (ICO), is the
UK’s independent authority set up to uphold information rights in the public interest, promoting openness by
public bodies and data privacy for individuals. It was previously the Data Protection Commissioner's office
and is now also responsible for Freedom of Information.
The site provides information on Principles of Data Protection, Guidance Notes,
and other publications. You can search the "register of data controllers".
Privacy Laws & Business is a private body
providing consultancy, newsletters, courses and conferences on this topic. There is
a particularly good set of international data protection links on the site.
PDP is the publisher of leading expert journals in the field of compliance. They publish Privacy & Data Protection journal and Freedom of Information journal, each of which contains
articles contributed by the leading experts in the field as well as news items and editorials.
Act Now Training is a company run by Ibrahim Hasan and Paul Simpkins specialising in
all aspects of data protection, Freedom of Information and surveillance law (RIPA and RIPSA). The website includes free webcasts and podcasts
on these topics which are eligible for CPD credits from the SRA and ILEX. There is also a Twitter feed to keep you up to date with the
latest information law news.
DataGuidance is a web resource designed to assist lawyers and companies
to understand data protection principles, as they apply in real life, in UK, Europe and (over a period of time)
the world as a whole. The resource has been created by Cecile Park Publishing Ltd, led by Lindsey Greig.
It brings together
all the legislation, official guidance and codes of practice as well as
Data Guidance Notes, written by data protection experts on key issues such as data transfer, e-mail marketing,
employee monitoring and data breaches. This is a subscription resource but it can be purchased in short access periods.
The company is very willing to provide a telephone-assisted free trial, on request.
Amberhawk Training run by Dr Chris Pounder and Sue Cullen, comprised formerly the
information law training business of law firm Pinsent Masons LLP. They are
the longest-established training team dedicated to information law and
developed the earliest accredited training courses for the ISEB
qualifications in data protection and freedom of information. Their
expertise also covers RIPA, Human Rights, Lawful Business Practice
Regulations, Re-use of Public Sector Information, PECR, direct marketing
rules and other aspects of information law, including information assurance
and security. Their topical Blog
Hawktalk, covers Data Protection and FOI issues.
Freedom of Information Act is a blog which provides
news and developments on Freedom of Information in the UK. The blog is run by the Campaign for Freedom of Information.
David Price Solicitors & Advocates - London,
are experts in media law and they provide a Guide to Media Law covering Defamation,
Breach of confidence and privacy, Malicious falsehood, Contempt of court and Copyright.
They provide a newsletter on the site (or you an sign up to receive it by email)
containing reports and comment on media law. They aim to cover all cases in the High Court
and Court of Appeal as well as decisions of the European Court of Human Rights on freedom
of expression and relevant adjudications of the Press Complaints Commission and the
Broadcasting Standards Commission.
One Brick Court
are recognised as leaders in the fields of defamation, privacy and the law as it affects
freedom of expression and the publication of false, damaging and intrusive information.
There is an extensive Media Law Update on the site, with reports of the latest cases and also
articles written by members of chambers.
5RB (5 Raymond Buildings) is a leading set of barristers specialising
in all areas of media and entertainment law, defamation and freedom of expression.
Most of the leading cases in recent times have
involved members of Chambers. There are over 300 case reports on the site including cases in this area.
The case reports include very recent ones and in many cases,
copies of the judgments are appended.
You can also register on the site for email briefings with monthly round-ups
of key issues and new cases covered on the site.
Inforrm stands for the International Forum for Responsible Media which
has been set up to debate issues of media responsibility. They say
"We believe in an independent, strong, free and responsible mass media. The media has important privileges in the
public interest to enable it to perform its role as a public watchdog. But with those privileges go responsibilities.
The media’s right to freedom of expression must be properly balanced against the rights to privacy and reputation".
There are frequent postings on topics of the media, privacy and the law.
The Equality and Human Rights Commission
is the statutory body set up to protect, enforce and promote equality across the seven "protected"
grounds - age, disability, gender, race, religion and belief, sexual orientation and gender reassignment.
Disability is a section
on the Government's Direct Gov site, providing information on the legal situation, policy, programmes and links to other bodies.
rehabwindow lists providers of disability
and rehabilitation related services and products. There is a good set of links to
bodies working in this area.
Deaf Lawyers UK covers issues relating to
Deaf lawyers, as well as Deaf issues within the legal system. The website was set up by a group of Deaf
solicitors, barristers, law students and people trying to qualify as lawyers. It aims to respond to access
issues, publicise specialised information and raise awareness of issues Deaf people face within the legal system.
The site includes a
Deaf Blawg. This is updated frequently
and includes contributions from a number of people. Prime topics appearing so far are immigration, citizenship and asylum,
and special problems for deaf people in these contexts, covered generally, but not entirely, from a legal point of view.
Employment Tribunal Claims: tactics and precedents is a blog
from barrister Naomi Cunningham to update and supplement her recently published book of the same name.
The site also contains links to all the statutory discrimination questionnaires in particular, Disability, Equal Pay,
Orientation, Race, Religion or Belief and Sex, which can otherwise be quite hard to track down.
The Incorporated Council of Law Reporting provide
"Industrial Cases Reports Express". This gives previews of the Industrial Cases
Reports before they are available in printed form. The Express service takes the form of summaries
giving the ratio of the decision and these will be updated as soon as headnotes become available. The reports
cover employment law, discrimination, competition and associated topics.
Disability Discrimination is a new website related to
a book written by Richard Oulton and Spencer Keen on disability discrimination. It covers legislation and recent
case law related to this topic.
Judicial Review is the topic covered by London-based solicitors
Pierce Glynn who specialise in
public law, discrimination law and human rights. They work with campaign groups and advice agencies, as well
as individuals, particularly relating to judicial reviews. They have set up a resource
on their site relating to judicial review including case studies on Post Office closures, access to healthcare,
playground redevelopmentand the Hounslow Language Service. There are also two guides: one explaining when judicial
review may be relevant, and the other providing an overview of judicial review procedure.
(see also under Employment Law, below)
Jordans Education Law Reports Online
are a subscription service covering cases from all levels of court including the European Court of Human Rights,
coverage of all levels of education from schools to university, and headnotes written by leading experts in the field.
Special Educational Needs & Disability Tribunal.
Parents whose children have special educational needs can appeal to this Tribunal against decisions made by
local education authorities (LEAs) in England and Wales about their children's education.
The Tribunal is independent of both central and local Government.
The Education Law Association (ELAS) was founded in
1991 to support the advancement of education for the public benefit from pre-school through primary, secondary,
further, higher and adult education.
The Employment Appeal Tribunal
provides Judgments in full text, indexed by type of case (Sex Discrimination, Transfer
of Undertakings, Unfair Dismissal etc), Appellant, Respondent or Judge. These are
available in html format. Other parts of the site are available in pdf format,
including Cause Lists and forms. There is also a good section written for non-lawyers,
on whether there is cause for appeal and what the procedures are.
EAT judgments are available on this website as Microsoft Word files or on the
BAILII website in html format.
Equal Opportunities Review (EOR Online)
provides equality, diversity and discrimination law and practice information for HR and legal professionals including news,
analysis, case studies, surveys, case law reports, analysis of legislation, codes of practice and a monthly
diary section discussing recent developments. Expert commentary is provided by leading people in the world of
discrimination law and diversity. Subscribers also receive email alerts for important breaking news.
You don't need a password to browse the topics or to search EOR Online, but you must be a subscriber to read the full text of
articles or case reports on the site.
Jordans Employment Law Online
provides latest case summaries and transcripts, commentary, precedents, news and developments in
employment law. It is not free but there are free trials (2 weeks) available.
XpertHR is a subscription service for HR professionals,
bringing together expertise from Personnel Today, IRS, LexisNexis Butterworths Tolley and specially
commissioned reports. The service offers: reference manual, employment law reports, a free
legal advice line, up-to-the-minute news, surveys and statistics, questions and answers,
benchmarking help, legislation (including upcoming law), statutory rates, recruitment help
(including a CV checking facility), model policies and contracts and a how to section.
There are flexible subscription options available, from single users to multiple user licences.
now a "Thomson Reuters Legal Solution", is an online subscription
service. It provides a comprehensive bank of practice
notes, standard documents, drafting notes and checklists.
A free trial is available and non-subscribers are able to access some parts of the service.
There are a number of Low Pay Units around the country
campaigning to end low pay and poverty and to make sure that these issues are not neglected or
forgotten by the government of the day and other key decision makers. Their websites, variously,
provide information and advice on employment rights, pay rates, benefit entitlement, tax
and national insurance, to individuals and advisers:
Employment Cases Update is a service for employment
lawyers from Bath Publishing that provides free access to the full text of key employment law cases as they are published, from
the Supreme Court, Court of Appeal, High Court and EAT, starting from January 2010. Many of the cases have
been sourced from existing free resources but are convenient to find in one place, rather than having to search across these other sources.
The text is all free to view and users can also sign up for a free weekly newsletter or a RSS feed. Associated with the case reports is a
modestly priced CPD facility.
Daniel Barnett, a barrister specialising in employment
matters, provides a free email bulletin,
usually one or two a week, detailing new legislation and important employment law cases.
Around 25,000 people subscribe to this mailing. There is
also an archive of the bulletins on his site.
Acas (Advisory, Conciliation and Arbitration Service) aims to improve
organisations and working life through better employment relations. There is free information on the site and there
is also a free telephone advice service. There offices in most regions.
Duggan Press has been established in 2015 by
Michael Duggan QC to publish high
quality practitioners' Textbooks in the field of Law and Human Resources. There is also a
case updater which refers to the cases, both reported and unreported, on an A-Z basis,
making it easy to see what cases have been decided in a particular field and where the cases
have been reported. This is free for 2015 but requires a subscription from 2016.
There is a also a series of very detailed briefings from Michael Duggan on recent cases
The Federation of European Employers
(formerly the EU Employers' Network) is an association for progressive employers operating
across Europe. The Federation was founded in 1989, with financial
assistance from DGV of the European Commission. Today it has members in
all EEA states - plus Switzerland, The Czech Republic, Russia, USA, Canada,
Japan and Israel. The site is a major source of pan-European national pay, employment law and collective
bargaining data on the web. It includes legislation from the many countries it represents.
Charles Price, of No5 Chambers, Birmingham, Bristol and London,
provides a site covering the latest developments in employment law and offering practical advice for employment lawyers.
You can subscribe to an employment law bulletin, which aims to give an in depth commentary on the law.
There are also employment related articles, useful resources and a blog.
HRBullets.co.uk is an HR and Employment Law service
for anyone with responsibility for managing staff. Subscribers have access to Checklists/How To documents;
a large employment law cases database; expert comment from leading lawyers on the impact of new developments;
access to a "LawTracker" service; a dedicated subscriber’s area; regular e-newsletters and e-Alerts with
links to recent developments and an email employment law advice line.
Lawrite HR provides
employment law and HR solutions for employers in the UK.
The Lawrite Employment Law software was first launched in 1999. The current
version works through the web browser and seamlessly combines locally-stored
document templates, PDF guides and manuals, with web-based news and update
files. There are more than 120 templates including employment contracts,
policies and procedures and sample letters to employees. The software is
available as part of a range of services including 24/7 telephone legal
support, an insurance-backed Employment Tribunal indemnity scheme and
different levels of HR support including bespoke drafting of contracts,
staff handbooks and other HR documents.
ENDS Environmental Data Services
provides daily news and many reports. This is a subscription service but there
are free samples on line and free trials available.
The UK Environmental Law Association (UKELA) is the national
association for those involved in the practice, study or
formulation of Environmental Law. It has amongst its aims:
* To collate and disseminate information relating to environmental law and
* To identify, review, advise and comment on issues of environmental law and its application.
There are events listed on the site and also copies of consultation papers and responses
to government and international initiatives.
Environmental Waste Permit Lawyers
provides information on environmental permitting, pollution prevention and control together with
guidance and assistance for waste, recycling and other industries.
As it says on the site "If you have been served with a regulatory notice by the Environment Agency
or local authority, if you are threatened with a criminal prosecution in the context either of
environmental permitting or the handling of waste, or if the regulator has refused you a permit,
then this site is here to help you." It also provides information about other pollution- and waste-
related matters such as court actions in private nuisance (including fire and flooding).
The site is maintained jointly by Yogesh Patel of
Edward Hayes solicitors and
of 6 Pump Court.
The site is intended to help businesses to identify and understand key legal issues.
"Best Environmental Directories"
A massive set of references in several languages to web environmental resources,
including legal ones, supported by the Belgian Government.
has become a major web resource for matters of environmental concern.
Earth's Environmental Experts (3E) Database,
with experts in many environmental and ecological specialisms.
The 3E Database is a searchable database. The search is free, online,
although you can ask the organisation to do the search for you, in which case a charge is made.
Building the Circular Economy is a blog
from barrister Jeremy Barnett. He is a fraud barrister who began representing companies (large and small)
and individuals in Regulatory and Disciplinary cases approximately 15 years ago. The blog is about designing stuff
to 'disassemble' rather than disposal and preventing uncessary use of energy.
Some people call it 'cradle to cradle' manufacturing, or C2C, the aim is to encourage reuse of materials or
using biodegradable ingrediants rather than landfill.
This is a very active blog with lots of entries.