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Processing means obtaining, recording, holding, or carrying out any operation on personal data. It includes organisation or alteration; retrieval or use; disclosure and anonymisation, blocking or destruction. Most operations in relation to personal data will constitute processing.
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MVNO agreement鈥攃hecklist This Checklist covers some of the main provisions to be included in a mobile virtual network operator (MVNO) agreement under which a mobile network operator supplier will provide wholesale access services to an MVNO for resale to its own retail customers. It covers some of the main provisions that are specific to an agreement of this kind. See also the Precedent: MVNO agreement. In this Checklist, the following definitions are used: 鈥 Agreement鈥攎eans the MVNO agreement between the MVNO and the Supplier for the provision of the Services 鈥 End-User鈥攎eans a customer of the MVNO 鈥 IPR鈥攎eans intellectual property rights 鈥 MVNO鈥攎eans mobile virtual network operator, the customer in the Agreement 鈥 Services鈥攎eans the wholesale network services being provided to the MVNO by the Supplier 鈥 Supplier鈥攎eans the mobile network operator providing network services to the MVNO The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) General terms and conditions 鈽 Consider duration....
FCA consultation paper tracker鈥2017 [Archived] This tracker sets out the consultation papers published by Financial Conduct Authority (FCA) in 2017, along with the publication of any subsequent rules and guidance. For details of FCA consultation papers from other years, see: FCA consultation paper tracker. For details of Prudential Regulation authority (PRA) and Financial Services Authority (FSA) consultation papers, see: 鈥 PRA consultation paper tracker 鈥 FSA consultation paper tracker [Archived] Topic area Consultation Paper Description Publication date End of consultation period Policy Statement/ Handbook Notice Payment systems and services CP17/44: PSR regulatory fees The Payment Systems Regulator (PSR) and the FCA published a consultation and decision paper setting out their policy decision on the way they will collect PSR regulatory fees in 2018/19 and in subsequent years, and consulting further on the proposed fees allocation method. 15 December 2017 26 January 2018 Handbook Notice 53 (23 March 2018)CP18/8 (23 March 2018) Consumer credit, mortgage and home finance CP17/43: Credit card market study: Persistent debt...
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Legitimate interests assessment flowchart The UK General Data Protection Regulation (UK GDPR) permits processing of personal data where that processing is necessary for the purposes of the legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular, where the data subject is a child. There
Evaluating an objection to processing request鈥攆lowchart This document reflects the UK GDPR regime. References and links to the GDPR refer to the UK GDPR (Assimilated Regulation (EU) 2016/679) unless expressly stated otherwise. The UK General Data Protection Regulation (UK GDPR) provides a number of rights for data subjects, including providing a right to object. Data subjects can make a request to an organisation to exercise their right to object to processing at any time. This is not, however, an absolute right to object鈥攊t only applies in specific circumstances. There are strict time limits for complying with requests made. See Practice Notes: 鈥 Data subject rights鈥攐bjection to processing 鈥 How to handle data subject requests This Flowchart maps out a process for evaluating a data subject request under the right to object that your organisation receives under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018) together with guidance issued by the Information Commissioner鈥檚 Office (ICO). It should be...
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Archived: This Practice Note has been archived and is not maintained.This Practice Note is intended for use where a notification offence was committed before 25 May 2018. Where a notification offence occurred before 25 May 2018, it may still be prosecuted under Data Protection Act 2018 (DPA 1998) despite the fact that the legislation has been repealed. Notification offences under DPA 1998 cannot be committed after 25 May 2018. There are no equivalent notification offences under Data Protection Act 2018 (DPA 2018) so that a notification offence could only have been committed historically and prior to 25 May 2018 when DPA 1998 was in force. For information on the data protection offences created by DPA 2018, see Practice Note: Offences under the Data Protection Act 2018.Notification required under the Data Protection Act 1998Note these offences cannot be committed after 25 May 2018.Failure to notify the Information CommissionerDPA 1998 required data controllers who processed personal data to register their processing with the Information Commissioner for the purposes of the register maintained...
ARCHIVED: This archived Practice Note provides information on the data protection regime before 25 May 2018 and reflects the position under the Data Protection Act 1998 (DPA 1998). This Practice Note is for background information only and is not maintained.Changes as a result of the General Data Protection RegulationThe General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) (applicable from 25 May 2018) introduces substantial amendments to EU and UK data protection law and replaces the DPA 1998 and Directive 95/46/EC (the Data Protection Directive) from that date.For further information, see Practice Notes: Introduction to the EU GDPR and UK GDPR and Rights of data subjects.A data subject is a living individual who is the subject of personal data, ie data from which he can be identified. For key definitions under the DPA 1998, see Practice Note: Key definitions under the DPA 1998. For a comprehensive introduction to the GDPR, collating key practical guidance, see: Data protection toolkit.Right of access to personal dataAn individual has a right to be informed...
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Accounts procedures for fee earners and support staff 2011 [Archived] 1 This document sets out our [accounting OR finance] systems and controls for fee earners and support staff. 2 Basic principles 2.1 We have an overriding duty to protect client money and assets. 2.2 To ensure compliance with this duty and with the SRA Accounts Rules 2011 (the rules), all fee earners and support staff must comply with the systems and procedures set out in this document. 3 Accounts department 3.1 The [Accounts OR Finance] department is located at [insert location, eg office if you have more than one office or location within your office] and is led by [insert name and/or title], [who is also the firm鈥檚 Compliance Officer for Finance and Administration (COFA)]. 3.2 [insert any other information regarding the structure of your accounts departments, eg if you have different teams for different functions]. 4 Accounts system 4.1 We have a central accounting [and time recording] system called [insert name...
Accountability, governance and compliance鈥攍ist of further risk and compliance precedents In addition to the Precedents referred to in this Accountability, governance and compliance sub-topic, the following risk and compliance focused Precedents are also available in Lexis+庐 UK Risk & Compliance: Identifying and assessing data protection risks 鈥 Precedent: Data protection compliance鈥攕elf-audit 鈥 Precedent: Data protection risk assessment鈥攍ong form 鈥 Precedent: Data protection risk assessment鈥攕hort form 鈥 Precedent: Privacy risk register DPOs 鈥 Precedent: Memo to the board making recommendations in relation to appointing a DPO 鈥 Precedent: Meeting minutes鈥攁ppointment of a data protection officer 鈥 Precedent: Message from CEO/Senior Member/Senior Partner on the appointment of a data protection officer 鈥 Precedent: External data protection officer (DPO)
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Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information? This Q&A assumes that the organisation that has received the SAR is a 鈥榗ontroller鈥 of the relevant data. For an introduction to the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime, including key data protection terms and concepts, such as 鈥榩ersonal data鈥, 'processing', 'data subject' and 鈥榗ontroller鈥, see: Data protection toolkit. As further explained in Practice Notes: The UK GDPR and DPA 2018 for insurers and Data subject rights鈥攁ccess, Article 15 of the UK GDPR gives individuals a right to obtain confirmation from a data controller as to whether or not personal data concerning them is being processed, and where it is, access to the personal data and certain further information. A request for such information is commonly known as a 鈥榮ubject access request鈥 (or a 'SAR' or 'DSAR'). In order to assist...
What should I consider if my client wishes to apply under Tier 2 but the sponsor licence is yet to be granted? Can my client apply for leave to remain under Tier 2 even though a new sponsor鈥檚 licence has not yet been granted? If an application is lodged under the Immigration Rules pertaining to Tier 2 and a decision is made without your client being in possession of a Certificate of Sponsorship (CoS), you will need to advise your client that it will fall for refusal. If the client鈥檚 leave is due to expire shortly and they have been offered a job which will qualify under Tier 2 by an employer that needs to obtain a sponsor licence, it is important to make a request to the Sponsor Licensing Unit for the licence application to be expedited. You should ask for the application to be decided by, or in advance of, the date that the individual鈥檚 leave is due to expire. Can I ask the...
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A round-up of EU competition law developments, including (amongst other things) the latest EUMR developments.
The Payment Systems Regulator (PSR) has issued its final report on the market review of card scheme and processing fees, revealing that Mastercard and Visa have increased their core scheme and processing fees to acquirers by at least 25% since 2017. The PSR says that the increase has resulted in businesses incurring at least 拢170m more annually. The report highlights that the lack of clear and detailed fee information has contributed to higher costs for acquirers and merchants, particularly affecting small retailers, hampering businesses' ability to invest and grow. The PSR plans to publish annexes to the report and a consultation paper to gather views on potential remedies for the identified issues.
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