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News 30 November – 5 December 2018

Published 07 December 2018

With the recent turn of events in the Houses of Parliament now calling into question the validity of the very basis of the Brexit deal Theresa May is trying to make into law, the prospect of having anything in place by March 2019 is looking increasingly unlikely.  But since Brexit is the order of the day in almost all quarters, this weeks News Round-up casts an eye over the issues which we have to look forward to whether the government manages to put in place an orderly retreat or suffers an overwhelming rout.

 

Currently the argument raging relates not to life after the United Kingdom has separated from the European Union but the terms and conditions to be established through ‘The Transition Period’ which will cover 20 March 2019 to 31 December 2020, in essence, the first 21 months.  (1)During this time the country will still be subjected all European Union laws until the end of that period, our law courts will still be compliant and all new laws created in Westminster must conform to EU boundaries.

 

Whilst UK legislators frequently be-moan the ‘interfering’ bureaucracy of Brussels, they are less keen to admit the universally accepted employment success stories such as the WorkingTime Directive and legislation directly addressing the rights of temporary workers.  A more recent addition to the list is the GDPR (General Data Protection Regulations) which came into force on 25 July 2018. (3)The legislation effectively built on the existing Data Protection Act 1998 but is much wider in scope and notably grants powers to the Information Commissioners Office to fine companies guilty of privacy breaches.  (2)The issue of administering the GDPR after Brexit raises a number of issues relating to both data transfers and breaches across boundaries that simply didn’t exist when the legislation came into effect so what should we all expect?

 

As for the future, there are issues relating data transfers and 3rd party processors and data controllers.  There are potentially implications for future contractual terms in Employment Contracts which may require clauses which specifically address this.  All of this could mean that for companies whose business is focussed Europe and likely to remain so, they find themselves in the position of having to pay more attention to European data legislation than that of Westminster.

 

 

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For free employment law advice or if you are affected or want information and support by any of the issues in this article please give us a call. 0333 772 0611

A reputation built on success

For employment law advice or if you are affected or want information and support by any of the issues in this article please give us a call. 

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