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�Ѿ��پ������پ��Dz�—c��𳦰�������� How a sentence is reached When determining a sentence, a court will usually consider any statutory sentencing range, the applicable Sentencing Council (SC) guidelines including any offence specific sentencing guideline, the overarching guidelines and sentencing judgments from the Court of Appeal. The SC’s offence specific guidelines or the general guideline set out a stepped approach which the court must follow. See Practice Notes: Sentences imposed following conviction and Sentencing Council General Guideline—Overarching Principles. Generally, in sentencing exercises the court will need to consider the following: • the relevant starting point in the Sentencing Guidelines • the aggravating factors of the offence • the mitigation and personal circumstances of the defendant • any reduction in sentence for a guilty plea • whether the offender is dangerous and if there is a significant risk of harm through the commission of further specified offences • any ancillary orders that are appropriate • the totality of the sentence to ensure it is proportionate to the offending behaviour Mitigation The...

Bank Recovery and Resolution Directive (BRRD)—timeline [Archived]

Bank Recovery and Resolution Directive (BRRD)—timeline [Archived] Archived:This timeline has been archived. For developments from January 2024 onwards, see EU Bank Recovery and Resolution Directive—timeline if they relate to the EU BRRD, or UK bank recovery and resolution regime—timeline if they relate to the UK bank recovery and resolution regime, For further guidance on the EU BRRD, see Practice Note: Bank Recovery and Resolution Directive (BRRD)—essentials. For further guidance on the UK bank recovery and resolution regime, see Practice Note: The UK bank recovery and resolution regime. Date Source Document Description 20 December 2023 European Banking Authority The EBA publishes amendments to disclosures and reporting on MREL and TLAC The European Banking Authority (EBA) has published its final draft implementing technical standards (ITS) on amendments to disclosure and reporting of the minimum requirement for own funds and eligible liabilities (MREL) and the total loss absorbency requirement (TLAC). The amendments reflect the new requirement to deduct investments in eligible liabilities instruments of entities belonging to the same resolution group, the...

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EU GDPR—personal data breach notification—flowchart

EU GDPR—personal data breach notification—flowchart The EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) is directly applicable and fully enforceable in EU and EEA states. This Flowchart focuses on personal data breach notification under the EU GDPR. It covers: • a summary of the overarching obligations • key guidance • types of personal data breaches • the flowchart of notification requirements • general examples of personal data breaches and who to notify • detailed examples of personal data breaches and who to notify The EU GDPR includes the following definition of a personal data breach: ‘…a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.’ Overarching obligations In summary, among other things, the EU GDPR provides that: • data processors must notify the data controller without undue delay after becoming aware of a personal data breach • unless the personal data breach is unlikely to result in a risk to the rights...

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Measuring the in-house legal team

Measuring the in-house legal team This Practice Note discusses how in-house legal teams can use metrics such as staffing, spend, income and client satisfaction to demonstrate their value. Metrics are a useful tool to increasing self-awareness, implementing strategic improvements, focusing on reducing costs, increasing the influence of your legal function and developing and motivating your team. Why measure? Self-diagnosis Identifying trends and the current state of play, for example, workload, spend and staffing. Implementing strategic improvements Gathering the information you need to build business-wide support for your management strategies, for example:—maintaining headcount—pushing work to the business—outsourcing or insourcing—de-skilling or skilling-up—technology or further investment Focus on reducing costs A true focus on savings means keeping on top of data on costs or income, for example:—monitoring volume of external spend, discounts and rebates under alternative fee arrangements—building a platform from which to work closely with finance and procurement functions to achieve further savings Increasing the influence of your legal function Helping your legal team to become a key influencer...

Direct marketing compliance—data protection—checklist

Direct marketing compliance—data protection—checklist This Checklist is intended for private sector commercial organisations in the UK. It is intended as a mini self-assessment of your direct marketing systems from a data protection perspective. It reflects the Information Commissioner’s Office (ICO’s) Direct marketing checklist. For each item on the Checklist, further ICO guidance is provided, together with links to relevant ����Ӱ��® tools and materials. This Checklist is not intended for organisations that make live direct marketing calls about claims management services or pension schemes. ICO expectation Additional ICO guidance and ����Ӱ��® materials ☐  Define and allocate responsibility for compliance with data protection legislation and Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003), SI 2003/2426 when carrying out direct marketing activities or roles You should clearly allocate responsibility for the oversight of data protection when carrying out direct marketing activities.Where appropriate you should have steering groups to monitor performance in data protection and discuss relevant issues.You should have reporting lines and effective links between key roles to ensure a...

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Legal professional privilege—top ten tips

Legal professional privilege—top ten tips This Legal professional privilege—top ten tips document highlights key messages on how to attract and then protect legal professional privilege. For further details on all these tips, as well as more tips and information, see our [insert, eg Legal professional privilege—quick guide for staff]. 1. Legal professional privilege protects the organisation’s confidential legal advice and communications from third parties, including regulators and competitors. 2. It is the duty of all staff to protect the organisation’s privilege. 3. The key to asserting privilege is that the document or communication concerned is confidential, and

Business continuity plan—BCP—cascade system

Business continuity plan—BCP—cascade system Name Calls Contact number [Insert name, eg CEO or Senior Partner] [Insert name, eg Head of compliance or Head of legal] [Insert number] [Insert name, eg CEO/Senior Partner or Head of compliance/Head of legal] [Insert, eg Office manager] [Insert number] [Insert name, eg CEO/Senior Partner or Head of compliance/Head of legal] [Insert, eg Risk manager] [Insert number] [Insert name, eg CEO/Senior Partner or Head of compliance/Head of legal] [Insert, eg HR manager] [Insert number] [Insert name, eg CEO/Senior Partner or Head of compliance/Head of legal] [Insert, eg Finance manager] [Insert number] [Insert name, eg CEO/Senior Partner or Head of compliance/Head of legal] [Insert, eg Marketing/PR manager] [Insert number] [Insert name, eg CEO/Senior Partner or Head of compliance/Head of legal] [Insert, eg IT manager] [Insert number] [Insert name, eg CEO/Senior Partner or Head of compliance/Head of

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Is the permission of the court required for evidence from financial proceedings to be utilised in children proceedings (and vice versa)?

Is the permission of the court required for evidence from financial proceedings to be utilised in children proceedings (and vice versa)? In relation to evidence, first consideration should be given to the provisions of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. FPR 2010, SI 2010/2955, 27.10, provides that proceedings to which FPR 2010 apply will be held in private except where FPR 2010 or any other enactment provides otherwise or, subject to any enactment, where the court directs otherwise. A hearing held in private means proceedings at which the general public have no right to be present (FPR 2010, SI 2010/2955, 27.10(2)). FPR 2010, PD 12G covers the communication of information relating to children proceedings and sets out at FPR 2010, PD 12G, para 2.1 the categories of people to whom information may be communicated and for what purpose. Communication outside of these provisions amounts to a contempt of court. FPR 2010, SI 2010/2955, 12.73 also provides that, for the purposes of the law relating to contempt of...

Do I have to notify clients of a data breach under the SRA Codes of Conduct even where there is no requirement to notify the client of the breach under the UK GDPR?

Do I have to notify clients of a data breach under the SRA Codes of Conduct even where there is no requirement to notify the client of the breach under the UK GDPR? We are not aware of any specific guidance on this point. However, SRA requirements would apply alongside the UK GDPR and may be applicable even where there is no obligation to take action under UK GDPR. The SRA enforcement strategy points out that information security is of high importance to the public. In the context of parallel actions with other regulators, the SRA gives the example of a data breach, saying that while enforcement of data protection legislation is a matter for the Information Commissioner's Office (ICO), if a data protection breach also involves the disclosure of confidential client information, the SRA would investigate that as a regulatory offence. For more information on the position under UK GDPR, see the Practice Compliance subtopic: Data breaches—compliance—overview, and in particular Practice Note: How to manage a personal data breach....

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EIOPA revokes Guidelines and amends Opinion to align with upcoming DORA

The European Insurance and Occupational Pensions Authority (EIOPA) has announced that, in anticipation of the Digital Operational Resilience Act (DORA) coming into application, it will be withdrawing two previously published Guidelines and amending part of an Opinion. The two Guidelines and Opinion are all related, at least in part, to the use of information communication technology (ICT) by undertakings, and by withdrawing them, EIOPA aims to avoid duplications and overlaps with DORA. The changes will take effect from 17 January 2025.

FCA updates Unacceptable Behaviour Policy with expanded scope and clarified responses

The Financial Conduct Authority (FCA) has published its updated policy on Unacceptable Behaviour, broadening the definition of inappropriate conduct and clarifying potential responses. The Policy sets out what the FCA considers to be unacceptable behaviour, and the actions it might take if it considers a particular interaction to be unacceptable.