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GDPR: is the jargon holding up your preparation?

With the implementation of the General Data Protection Regulation (GDPR) a mere 3 months away, it may (or may not) surprise you to learn that 60% of organisations were reported as being not “GDPR ready” at the start of this month. The same report, by software technology firm Senzing, also found that almost 40% of UK-based directors were unsure as to whether they would be GDPR compliant come 25 May.

This is not the first study to reveal a lack of preparation for the GDPR. In January the department for Digital, Culture, Media and Sport urged business and charities to ensure they were compliant by 25 May after it was revealed that up to 50% were unaware of their new obligations.

With these statistics in mind, this is the first in a short series of jargon-busting blog posts to help tackle some of the confusion surrounding the introduction of GDPR. In this post we look at some commonly used terms in the GDPR which deal with the different types of data and those that will be handling the data:

Personal Data – the GDPR has a broader definition of what constitutes personal data than the Data Protection Act 1998, by incorporating reference to personal identifiers such as name, identification numbers, IP address and location. Generally, it means any information or data which relates to a living individual who can be directly or indirectly identified by it.

Sensitive Personal Data –the GDPR has a broader definition of this term than is the case under the Data Protection Act, as it incorporates biometric and genetic data.  It is also worth bearing in mind that under the GDPR it is no longer called sensitive personal data but is instead referred to as “special categories of personal data”. Personal Data consisting of political opinions, religious or philosophical beliefs, racial or ethnic origin, or trade union membership, genetic data, biometric data, data regarding health or data concerning a natural person’s sex life or sexual orientation will all be classed as “special category” data under the GDPR.

Data Subject – the person to which Personal Data  relates. For example, an employee.

Data Controller – a “person” who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. This will typically be the business entity employing staff and determining the use of their Personal Data.

Data Processor – unlike the Data Protection Act, the GDPR introduces specific responsibilities directly on Data Processors. These are third parties that process data on behalf of the Data Controller, for example, IT service providers and payroll companies. There are also additional requirement introduced under GDPR in relation to what must be contained in contracts with Data Processors.

Keep an eye on our blog for our next GDPR jargon-buster!

GDPR: is the jargon holding up your preparation?

Introducing our Immigration Practice

Immigration continues to be an area of focus for our clients as they adjust to the changing landscape brought on by Brexit, while continuing to manage a growing list of routine immigration compliance responsibilities and issues.

We understand the pressures on employers and the need for practical immigration advice and tips, information on changes and how to manage them, and commentary on future policy development and potential issues. To assist our clients and contacts we will be sharing regular immigration news updates, editorials on topics such as Brexit and immigration policy developments, upcoming deadlines and changes to be aware of, as well as invites to immigration seminars, training sessions and roundtable events.

In this immigration news update we have a news round-up, dates for your diary and employer actions, and the latest on Brexit.

https://www.dentons.com/en/insights/articles/2018/february/22/introducing-our-immigration-practice

 

Introducing our Immigration Practice

Brexodus continues…

Net migration from the EU has plummeted from 165,000 in 2016 to 90,000 in 2017

As expected, in the latest statistics released by the Office of National Statistics today, net migration from the EU has plummeted, with fewer EU nationals moving to the UK and more leaving:

2016 2017
EU nationals who immigrated to the UK 268,000 220,000
EU nationals who emigrated from the UK 103,000 130,000
Net migration +165,000 +90,000

This is of significant concern to industries and sectors that rely heavily on EU talent, with health and medical services, and farming and agriculture already dealing with considerable labour shortages.

The UK will officially leave the EU on 29 March 2019, and even though this is still over 12 months away, employers are already feeling the impact.

The other interesting statistic released today is the huge increase in EU nationals applying for British citizenship. In 2016 15,460 EU nationals applied for British citizenship – following the Brexit referendum this number more than doubled to 38,528 in 2017.

What we can take from both of these statistics is that the lack of certainty in citizens’ rights and future immigration policy following Brexit is forcing individuals to consider and protect their position in the UK. At one end of the spectrum we can see that EU nationals are securing their rights in the UK by naturalising as a British citizen, and at the other end EU nationals are reassessing whether the UK is the place to establish a life and career in the first place. Without certainty on citizens’ rights and future immigration policy we can expect these statistics to continue on the same trajectory.

Brexodus continues…

Annual increase in unfair dismissal and weekly pay caps

The following yearly increases have been laid before Parliament and will come into force on 6 April 2018:

  1. The statutory cap on compensatory awards for unfair dismissal will increase from £80,541 to £83,682 (or, if lower, 52 weeks’ pay).
  2. A maximum week’s pay will increase from £489 to £508 (including for redundancy payments and the unfair dismissal basic award).
Annual increase in unfair dismissal and weekly pay caps

The Government’s response to the Taylor Review

The Taylor Review (or, to use its formal title, the Review of Modern Working Practices) was published back in July 2017 and made over 50 recommendations. Renewed media and political interest followed, putting the vexed question of effective and coherent employment rights in the modern workforce back into the spotlight.
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The Government’s response to the Taylor Review

Disability – what do you know?

The Court of Appeal has handed down its decision in Donelien v. Liberata UK Ltd (see here) and provided reassurance to employers that they can rely on occupation health advisers in deciding the question of disability. However, this is subject to employers making their own enquiries also.
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Disability – what do you know?

Shared Parental Leave

Earlier this week, the Department for Business, Energy and Industrial Strategy revealed that as little as around 2% of eligible couples are taking up their entitlement to Shared Parental Leave (SPL). At the same time, the government announced that it will spend £1.5 million on a campaign drive which will be known as "Share the Joy". The campaign will focus on raising the profile of SPL with a lack of awareness of SPL amongst eligible parents having been identified as a significant factor in the particularly low levels of up-take.
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Shared Parental Leave

Stretched resources – immigration and gender pay

Two stories have made the headlines today, and both relate to stretched resources. The stories look at preparing the UK immigration system for after Brexit, and the Equality and Human Rights Commission (EHRC) enforcing employers to publish gender pay gap information.
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Stretched resources – immigration and gender pay

How are companies coping with the apprenticeship levy?

Take a look at our article for People Management by clicking here.

How are companies coping with the apprenticeship levy?

IFS report: Part-time work is playing a major role in the gender pay gap

The latest report from the Institute for Fiscal Studies (IFS) has highlighted the prevalence of part-time working among women, and particularly mothers, as contributing significantly to the gender pay gap, which although down from 30 per cent from the early 90s still stands at around 20 per cent.
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IFS report: Part-time work is playing a major role in the gender pay gap