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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Bank Recovery and Resolution Directive (BRRD)—timeline [Archived] Archived:This timeline has been archived.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...

Obtaining authorisations for communications data for local councils—checklist

Obtaining authorisations for communications data for local councils—checklist STOP PRESS: The Investigatory Powers (Amendment) Act 2024 (IP(A)A 2024) received Royal Assent on 25 April 2024. The Act is the first major amendment of the Investigatory Powers Act 2016 since it was enacted and seeks to expand the surveillance powers of the UK’s police, intelligence services and government. The Investigatory Powers (Amendment) Act 2024 (Commencement No 1 and Transitional Provisions) Regulations 2024, SI 2024/1021 brings certain provisions of the IP(A)A 2024 into force on 14 October 2024. This Checklist is in the process of being updated to reflect the changes. This Checklist summarises the requirements on local authorities seeking authorisations to use surveillance powers under Regulation of Investigatory Powers Act 2000 (RIPA 2000) and the Investigatory Powers Act 2016 (IPA 2016). It should be read in conjunction with Practice Note: RIPA 2000 requirements RIPA 2000 requirements are: • prior authorisation of directed surveillance • prohibit the council from carrying out intrusive surveillance • authorisation of the conduct and use of a covert...

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DPO appointment decision tree

DPO appointment decision tree Under Assimilated Regulation (EU) 2016/679, the General Data Protection Regulation (UK GDPR), certain organisations are required to appoint an individual to act as their data protection officer (DPO). The appointment can be internal, eg an employee of the organisation, or external, eg a consultant under a service contract. This DPO appointment decision tree will help you determine whether your organisation needs to appoint a DPO under the requirements of the UK GDPR. If your organisation has operations in jurisdictions outside the UK, you will also need to check whether local law or regulations require you to appoint a DPO in any of those jurisdictions. For more information on the role of the DPO, see Practice Note: Data protection officer or, for law firms, Practice Note: Data protection officer—law firms. For a checklist of issues to consider when appointing a DPO, see: Data protection officer (DPO) appointment—checklist. Whatever decision your organisation makes about appointing a DPO, guidelines on DPOs published by the Article 29 Data Protection Working...

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Liability of public authorities

What is a public authority?A public authority is some manifestation of the state that exercises a public function.The distinction between a private body and a public authority has become increasingly important since the introduction of the Human Rights Act 1998 (HRA 1998) because HRA 1998 prohibits public authorities from acting incompatibly with any convention right under the European Convention on Human Rights (ECHR). The test for determining whether a body is a public authority may be wider under HRA 1998 than it is for the purposes of judicial review.Bodies which are obviously public in nature are always likely to be public authorities. Examples include:•central government•police and emergency services•local authorities•local education authorities•housing authorities•the Ministry of Defence•NHS bodiesThere are also a number of other bodies that exercise some public functions that may qualify as public authorities. If such bodies are considered public authorities, this will generally only be in relation to their exercise of public functions.Determining whether an organisation is a public authorityThere is no single test for determining whether an organisation...

Brussels I (recast)—choice of court agreements (art 25)

Brussels I (recast)—choice of court agreements (art 25) This Practice Note explains choice of court agreements, as set out in Article 25 of Regulation (EU) 1215/2012, Brussels I (recast). It covers a range of issues such as derogation, when Article 25 of Regulation (EU) 1215/2012, Brussels I (recast) does not apply, whether hybrid agreements are covered, the effect on non-EU parties and the requirements for a valid choice of court agreement. It also covers the hearing and the standard of proof required. This Practice Note includes discussion of the application of Article 25 to the UK as a non-EU Member State (or a third state as they are often known) following its departure from the EU (subject to the application of transitional provisions in the Withdrawal Agreement). For general guidance on the application of this article to third states, as well as the other provisions of the regulation that are relevant to third states, namely Articles 18(1), 21(2), 24, 26, 33 and 34 of Regulation (EU) 1215/2012, Brussels I (recast),...

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Software development agreement

Software development agreement This Agreement is made on [insert date] (the Commencement Date) between the following: Parties 1 [insert supplier name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (the Supplier); and 2 [insert customer name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (the Customer), each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties. Background (A) The Supplier is [insert Supplier’s background details and the background to the relevant transaction]. The Customer is [insert Customer’s background details]. (B) The Supplier wishes to develop certain Software (as defined below) and the Customer wishes to engage the Supplier to develop the same on the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 Words shall have the meanings given to them...

International data transfer—data recipient questionnaire

International data transfer—data recipient questionnaire The purpose of this questionnaire is to facilitate our assessment of the level of protection applying to the data we [intend to ]transfer to your organisation. We have completed section 1. We request that you check the information in section 1 and complete sections 2 to 5. 1 Details of data transfer This section has been completed by the data exporter but should be checked by the data recipient and amended as required. Data exporter [State which organisation is the data exporter—this could be an entity within a group structure] Data recipient [Identify the data recipient] What is the status of the data recipient in relation to the proposed transfer? ☐ Controller☐ Processor What type of organisation is the data recipient? ☐ Public sector organisation☐ Private sector organisation☐ Other [provide further information] Will the recipient share the data with any other parties, eg sub-processors? ☐ Yes☐ NoIf yes, please complete a questionnaire for all parties to the transfer Where is the data being transferred to? [Insert] Data or classes...

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If a worker who otherwise meets the eligibility conditions for statutory sick pay (SSP) is pinged or alerted by the National Health Service (NHS) coronavirus (COVID-19) app (and receives no other notification from the NHS Test and Trace), are they entitled to the SSP? If so, will the employer be able to recover the amount paid from the Coronavirus Statutory Sick Pay Rebate Scheme?

If a worker who otherwise meets the eligibility conditions for statutory sick pay (SSP) is pinged or alerted by the National Health Service (NHS) coronavirus (COVID-19) app (and receives no other notification from the NHS Test and Trace), are they entitled to the SSP? If so, will the employer be able to recover the amount paid from the Coronavirus Statutory Sick Pay Rebate Scheme? One of the temporary changes introduced by the government in response to the coronavirus (COVID-19) pandemic is that those who are required to self-isolate are potentially deemed incapable of working and therefore entitled to statutory sick pay (SSP). However, the answer to the question whether a worker is entitled to receive SSP if they self-isolate in response to an alert from the NHS COVID-19 app remains unclear, as explained below. According to the Public Health England (PHE): guidance for contacts of people with confirmed coronavirus (COVID-19) infection who do not live with the person, contacts who need to self-isolate will usually be notified and advised to...

In disclosure of an investigation, if any communications and documents leading up to a serious untoward incident report have been requested, can the defendant rely on section 41(1) of the Freedom of Information Act 2000 to not disclose such information? If so, are there certain circumstances where this exemption does not apply and are there any arguments a claimant can put forward in response to the denial of disclosure?

In disclosure of an investigation, if any communications and documents leading up to a serious untoward incident report have been requested, can the defendant rely on section 41(1) of the Freedom of Information Act 2000 to not disclose such information? If so, are there certain circumstances where this exemption does not apply and are there any arguments a claimant can put forward in response to the denial of disclosure? Serious untoward incidents (SUIs) often involve interviewing staff and preparing witness statements, assessing all the documentation and the history and then preparing a chronology, a root cause analysis of how the error came to occur, and an action plan of changes to be made with a time frame. The main purpose of the SUI is to ascertain how the mistake has occurred, learn from it and prevent it from happening again. From a claimant solicitor's point of view, the SUI and report are an important stage of the investigation into a legal claim. All the documentation relating...

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EU Competition law—daily round-up (11/12/2024)

A round-up of EU competition law developments, including the Commission’s announcement that it has launched a consultation on proposed revision of the State aid Aviation Guidelines.

Employment weekly highlights—5 December 2024

This edition of Employment weekly highlights includes: (1) the High Pay Centre’s ‘Charter for Fair Pay’, (2) an EAT judgment about harassment related to the claimant’s accent, (3) an EAT judgment about what needs to be included in the employment tribunal’s reasons in disability harassment claims, (4) a Ministry of Justice Call for Evidence on costs protection in discrimination claims, (5) an EAT judgment on whether a claimant could run a high value Parry v Cleaver argument for the first time on appeal, (6) analysis of the proposal to change the time limit to bring employment tribunal claims from three to six months, (7) our new Practice Note on neonatal care leave and pay, (8) our new risk assessment, checklist, action plan and monitoring log for employers to use when taking steps to prevent sexual harassment, (9) dates for your diary, and (10) other news items of interest to employment practitioners.