February



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February 4, 2016
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German DPA issues position paper on data transfer mechanisms in light of Safe Harbor decision

On October 14, 2015, the data protection authority (DPA) in the German state of Schleswig-Holstein  issued a position paper on the Safe Harbor Decision of the Court of Justice of the European Union (the CJEU).
 
In the Position Paper, the DPA disagrees with the European Commission's opinion that alternative data transfer mechanisms may be used in place of Safe Harbor.
 
According to the Position Paper, mechanisms such as consent and EU standard contractual clauses that are currently being discussed should be evaluated in a new way. This evaluation must focus on the principles established by the CJEU, in particular the comparable legal level of protection.
 
The Position Paper indicates that a long-term solution would require a significant change in U.S. law. It is unknown whether other German DPAs will concur with the Position Paper.

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February 4, 2016
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Why so many people lie about their training history

It's relatively common for workers to lie about their training history when they are applying for a job, according to a new survey.
 
In fact, 54% of respondents admitted that they had been dishonest to a potential employer when they were applying for a job. "Many of us have no doubt experienced job interviews where we panic and think we 're not good enough for a position, and then resort to exaggerating the truth in order to make ourselves look and sound better," said Shona Fletcher, CEO of Enterprise Study.
 
"Having said that, outright lies are a different thing”. The most common reason for lying was that the respondents were worried about the lack of knowledge needed, so they "exaggerated" their previous experience.

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| Health & Social Care
February 4, 2016
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Illegal working checks - are you protected?

The Home Office is focusing on the prevention of illegal working. Are your practices for checking right to work documents up to date and being adhered to?
 
As an employer, you may be liable to a civil penalty of up to £20,000 for each illegal worker if you fail to carry out the necessary checks on individuals before they commence work and are found to be employing someone who doesn't have the right to work in the UK.
 
Also, knowingly employing an illegal worker, regardless of whether you have conducted documents checks, is a criminal offence and could result in up to 2 years imprisonment and|or an unlimited fine.
 
This particularly impacts the healthcare sector due to the number of individuals employed. As an employer, failure to undertake the correct checks can result in civil and criminal prosecutions.

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