26th September 2017
The General Data Protection Regulation – It’s Coming Ready or Not
GDPR is going to be incorporated into the UK law and everyone doing business in the UK/EU even if they are located outside will be subject to its provisions.
The UK Data Protection Bill has started it passage through Parliament having been announced in the Queen’s Speech on 21 June 2017. It has had its first reading in the Lords with the second read scheduled to take place on 10 October 2017. The Regulation will be directly applicable to all Member States including the UK from 25 May 2018.
The Bill is intended to replace the 1998 Data Protection Act and according to the coverage is designed to provide “a comprehensive and modern framework for data protection in the UK, with stronger sanctions for malpractice”. It is intended to ensure that the UK and EU regimes are aligned following Brexit. The aim is to demonstrate that the UK is an adequate jurisdiction for data from the EU, and so will allow for data flows between the EU and the UK, particularly after Brexit.
There is a lot going on with this new data protection regime, and it is beyond this note to examine the changes at this time. The Regulation runs to 99 Articles spread over 88 pages. However, one should be aware that there are new rules relating to consent, enhanced protections for employees, (including erasure), the requirement for promulgated policies, and substantial increases in penalties for non-compliance and potentially criminal proceedings in relation the de-anonymising data.
We are constantly monitoring this legislation and are always available to advise businesses and individuals in relation to this new legislation. In addition, we plan to hold a seminar later this year to bring those attending up to date on the Regulation and to consider what businesses should be doing in anticipation of the Bill being passed in May 2018.
To register your interest, or to simply get some immediate advice on company and commercial law, please get in touch with Alex Lee who will be pleased to help. He can be reached at Tel: 01892 502 362 or Email: alee@bussmurton.co.uk
Profile
Alex leads the Company/Commercial team at Buss Murton. He joined the firm in 2012 from his own boutique corporate firm that he started up in 2010, bringing with him 20 years’ experience in leadership positions as in-house corporate counsel for such companies as FremantleMedia Limited (the makers of the X Factor and Grand Designs) and as Head of Corporate Strategy and General Counsel for the Jamie Oliver group of companies. Educated in New Zealand and the UK, and having worked with global organisations, Alex has gained significant experience, and led and contributed to high profile international media acquisitions and business strategy.
As a result, Alex is not only able to advise on the legal aspects of an enterprise’s business, but is also able to bring a unique perspective having been involved in the operational aspects of those enterprises. In addition to these insights, Alex has also been at the heart of a number of change management projects, and led transformation and integration initiatives.
With this wealth of experience, Alex can advise on a broad spectrum of company and commercial law. These include corporate and business acquisition and disposals, debt financings, corporate finance, insolvency, restructuring, and corporate governance right through to employment (non-contentious and contentious), commercial contracts, agency arrangements, data protection and intellectual property.
Alex brings to the firm the passion he also exhibits in his interest in sailing and classical guitar. Originally qualifying in New Zealand, he still supports the All Blacks (and everyone else playing Australia). He qualified as a solicitor in the UK in 1990 and obtained a Masters of Law from the London School of Economics in 1991. He regularly speaks on subjects such as the legal and business impacts of social media, data protection and cybersecurity.
Expertise
Company Commercial
Incorporations
Corporate and business acquisition and disposals
Debt financings
Corporate finance
Insolvency
Restructuring
Corporate governance through to employment
Shareholder agreements
Cross Option arrangements
LLP Incorporation
LLP Agreements
Employee shareholder arrangements
Commercial contracts
Agency arrangements
Intellectual property
Exploitation and protection
IT and website development
Data protection
Franchising
Dispute resolution
Employment
Employment contracts
Service contracts
Settlement agreements
Redundancy
Disciplinary and grievances
Staff handbooks
Business reorganisation and redundancy
Employment Tribunal claims
Dismissals
Consultancy agreements
Transfer of Undertakings (Protection of Employment) Regulations
Employee share schemes