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Legal Update – 2018

Employment Law Update

Shepherd Stubbs’ Legal Update – providing a legal overview of legislative changes impacting the employment arena…

Employment law in 2018 – what’s coming up…..

 

Trade Union (Deduction of Union Subs from Wages in Public Sector) Regs 2017 (March 2018)

This legislation currently in draft form puts in place new arrangements for ‘check-off’ for public sector employees.  When a collective agreement and/or contract of employment contains arrangements for check-off, the agreement can only continue if the trade union meets the cost of the administration of the deductions and workers are given the option of paying their subscriptions by other means in tandem.

The draft legislation is available here:

Trade Union (Deduction of Union Subs from Wages in the Public Sector) Regulations 2017

 

General Data Protection Regulation (GDPR) (25 May 2018)

The General Data Protection Regulation (GDPR) replaces the previous Data Protection Act.

The new regulations harmonise data protection law throughout the EU and will extend to foreign companies processing EU residents’ data.

In summary, it:-

  • provides for the creation of a single data protection authority instead of a supervisory authority for each member state; the creation of data protection officers for all public authorities and companies processing high volumes of data;
  • allows for the imposition of a fine of €20 million or 4% of global turnover, whichever greater;
  • requires the positive consent of individuals to have their data processed;
  • provides for the notification of breaches to the data protection authority; and
  • extends the special categories of information, such as trade union membership and religious belief or political opinion, to include information relating to health.

The Bill also outlines enhanced rights of individuals over their data, for example in relation to consent and erasure of personal data ( the ‘right to be forgotten’).  It creates the requirement for mandatory data protection officers within organisations, whose role is to monitor compliance, and applies greater sanctions for data breaches.

The government has produced the Data Protection Bill for the purpose of repealing the Data Protection Act 1998 and bringing data protection rules in the UK into line with the requirements of the GDPR.

The following link outlines 12 steps that you can take now to prepare for the GDPR:

Preparing for the General Data Protection Regulation (GDPR): 12 steps to take now

 

Trade Secrets Directive (June 2018)

The Trade Secrets Directive sets out an EU wide definition of the term ‘trade secret’.  I.e. company information that is ‘secret’, has commercial value because it is such and that the holder has taken reasonable steps to maintain its secrecy.  The legislation protects against unlawful acquisition, use or disclosure that is deemed contrary to ‘honest commercial practice’.

 

 

Shepherd Stubbs takes all reasonable steps to ensure that legal information is up-to-date and accurate, but makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the information provided.  Information on this site is not intended to provide specific legal advice – in this case, clients should refer to their own employment law specialist.