May



CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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May 26, 2016
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Hogan Lovells Issues Legal Analysis of the EU-U.S. Privacy Shield

In a thorough legal analysis of the EU-U.S. Privacy Shield framework, a report from Hogan Lovells says the framework would stand up in the Court of Justice of the European Union (CJEU), and that the true level of data protection afforded by the Privacy Shield framework will only be demonstrated by its functioning and the practices of its participants. The report provides an objective view of the new framework concerning transatlantic dataflows and includes a rigorous assessment of the Privacy Shield based on European jurisprudence. The Hogan Lovells analysis finds that the Privacy Shield Framework substantially meets the criteria for adequacy under Article 25(6) of the Data Protection Directive, as interpreted by the CJEU, and concludes that the framework provides an 'essentially equivalent ' level of protection for personal data transferred from the EU to the U.S.

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CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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May 26, 2016
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Criminal Records Checks "Arbitrary" and Unlawful

The High Court has upheld a challenge by way of judicial review to the criminal records disclosure scheme used in England and Wales. It has found the scheme to be "arbitrary" and disproportionate, and it was ruled unlawful, as incompatible with Article 8 of the European Convention on Human Rights.
 
Under the Rehabilitation of Offenders Act 1974, convictions, cautions, reprimands and warnings become "spent" after a certain period of time. However, in certain "excepted positions" (principally those working with children or vulnerable adults) the general rule does not apply and all prior convictions must be disclosed, however old or trivial, where there has been more than one previous conviction.
 
The focus of the challenge was on this exception. Employers should take preparatory steps in anticipation of the changes to the law.

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CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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May 26, 2016
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More Than 50% of UK Employees Feel they Must Switch Jobs to Get a Pay Rise

Some employees think it is better to choose a different path at a new job rather than ask for a salary change. Nearly 50% of employees globally say their employers still do not share pay data internally, according to the Glassdoor 's Salary Transparency Survey. Furthermore, the majority of employees in the UK (69%) wish they had a better understanding about what fair pay actually is for their position and skill set at their company and in their local market. More than half of employees in the UK (57%) believe they must switch companies in order to make a meaningful change in their compensation. Perception among employees may be that the grass is greener elsewhere, as many believe they could earn more at another company�an important message to employers. The majority of UK employed adults (74%) believe salary transparency is good for employee satisfaction and approximately the same% (76%) believe it is good for business.

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