Brought to you in partnership with BCL Legal Recruitment, our first session of the year covered the following areas: • contract and IT update - see what just happened whilst you weren’t looking! Richard Nicholas will look at the practical steps you should take to draft around or negotiate the latest changes • employment update - Modern Slavery, bad, spying on staff, good? How to protect your business from your employees whilst complying with modern slavery law. James Tait, Elish Kennedy and Kerren Daly will be your guides • data protection update - after three years of negotiation, the General Data Protection Regulation is now published and the changes will be significant (Brexit or no Brexit) - you had better be ready! Helena Wootton will show you how • consumer law - one year in, some practical consequences of the Act and solutions to common problems faced by retailers and others - Caroline Green and Alex Watt have this covered • corporate update - are you a person of significant control and influence (of course you are). This will start to matter this year, as companies are required to identify and register these individuals. How do you do that and what does this mean? Don’t worry, we’ll show you. https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal

1. In house lawyers forum
March 2016, London & Manchester

2. Introduction
Richard Nicholas

3. Employment law update
Modern Slavery Act
Elish Kennedy

4. Modern Slavery Act 2015
Modern slavery - slavery, servitude,
forced/compulsory labour and human trafficking
World’s fastest growing organised crime worth USD
38-50 billion a year
ILO estimate: 21 M men, women and children work in
modern slavery conditions today

5. Modern Slavery Act 2015
Slavery and Human Trafficking statement
Any organisation who:
• is a body corporate or partnership
• supply goods or services in the UK, and
• has a total annual turnover of more than £36 million
must prepare a slavery & human trafficking statement for
each financial year
Turnover includes any subsidiary and excludes trade
discounts, VAT and some other taxes.

6. Modern Slavery Act 2015
So who does that apply to?
• Local authorities – probably
• Charities and universities if they fulfil the relevant
criteria
• Organisations with a global turnover of £36m or
more
And even if an organisation does fall within the s54
threshold it may be required to assist customers and
suppliers with their supply chain analysis

7. Modern Slavery Act 2015
What does your organisation have to do?
• Publish a slavery and human trafficking statement
on its website - with a prominent link to the
statement on the website’s home page.

8. What should the statement
include?
No mandatory requirements, but may include:
• its structure, business model and supply chains
• its policies relating to slavery and human trafficking
• the parts of its business and supply chains
• where there is a risk of slavery and human trafficking
taking place, and the steps it has taken to assess and
manage that risk

9. What should the statement
include? (cont.)
• its effectiveness in ensuring that slavery and
human trafficking is not taking place in its
business or supply chains, measured against
appropriate key performance indicators
• its due diligence processes in relation to slavery
and human trafficking in its business and supply
chains
• the training about slavery and human
trafficking available to its staff.

10. Modern Slavery and Human
Trafficking Statement
The statement needs approval at a senior level:
• In the case of a company, the statement must be
approved by the board of directors and signed by a
director
• LLPs – the LLP members must approve the
statement and it must be signed by a designated
member
• Other types of partnership – A partner must sign
the statement

11. Modern Slavery and Human
Trafficking Statement
When?
• If your organisation’s financial year ends on/after
31 March 2016 the first statement must be made in
respect of financial years ending on or after 31
March 2016.
• If your organisation’s financial year ends before 31
March 2016 it does not have to make a statement
regarding the current financial year (but will for
next year).

12. Modern Slavery and Human
Trafficking Statement
What if we don’t bother?
• The Secretary of State may enforce the duty by
way of injunction
• Reputational risk

13. Monitoring Emails
Barbulescu v Romania [2016]
• ECtHR decision
• Dismissed for personal internet use at work
• Employer accessed private messages sent to the
employee’s friends and family relating to personal
matters
• Dismissal upheld – proportionate interference with
Article 8 rights

14. Monitoring Emails
But beware:
• Unusual for policy not to tolerate at least some
personal use
• Data Protection Act still applies
• Limited application

15. Our Modern Slavery product
• Board minutes - for consideration and, if agreed, approval of the
organisation’s modern slavery and human trafficking statement - once
prepared.
• Anti-slavery policy - for an organisation to detail its own specific
approach and publish within the organisation.
• Slavery and human trafficking statement - for an organisation to detail
its own approach and publish via its website as required by Section 54.
To help you get started tailoring these templates to your organisation we have
included one hour of phone or email time to enable you to discuss development of
these templates with one of our specialists, as part of this Modern Slavery Act product.
The product is a fixed price of £750+VAT.

16. Any questions?

17. Are you a senior manager?
The extension of the FCA’s Senior Managers
Regime to in-house lawyers
Catriona Lothian

18. Senior Management Functions
• FCA and PRA have specified SMFs
• BUT the list is not exhaustive
• ‘Also important to
identify any other individuals
who have overall responsibility for an
activity, function or area’ - FCA

19. What about the legal function?
‘We now recognise that some confusion
exists in this area’ - FCA
• ‘Providing legal advice to the Board would not
automatically bring a General Counsel within
scope’
• ‘Rather we should focus on individuals having
overall responsibility for a firm’s legal function’

20. Impact on privilege?
• is a lawyer participating in a decision or simply
ancillary to a decision?
• perception that a lawyer might be pressured by
regulators to disclose privileged information
• implications for legal professional privilege if a
lawyer is treated as part of senior management?
• potential effect on the way firms structure
businesses and decision-making processes

21. Consultation plans
• FCA consultation paper ‘in due course’ seeking
views on pros and cons of capturing those with
overall responsibility for legal function
• What would be the impact on you and your firm?
Have your say – contact us to be part of the
concerted response.

22. In the meantime…
Good faith
• ‘firms that have sought to make decisions in good
faith about whether or not approval is needed, on
the basis of our published rules and other
communications, should not need to change their
approach in the interim.’ - FCA

23. Any questions?

24. Persons of significant control
and influence – are you ready?
Emma Grant

25. A new company register - PSC
• Who? All UK companies (non-listed) and LLPs
• What? New register to identify and record PSCs (stipulated
information)
• When? 6 April 2016 (internal) and 30 June 2016 (file at
Companies House)
• Why? Transparency, trust, terrorist funding, tax evasion
• How? Small Business, Enterprise and Employment Act 2015
(SBEEA) plus statutory instruments and guidance

26. What do companies need to do?
• Internal register – 6 April 2016
• Reasonable steps to identify PSCs (plus notices)
• Enter required information on register & update
• Available for inspection (free) or copies (£12)
• File at Companies House – 30 June 2016
• Must have a PSC register – never be blank
• Criminal offence if fail to comply

27. Who is a PSC?
“Significant control conditions”
• Holds, directly or indirectly, more than 25% of shares
• Holds, directly or indirectly, more than 25% of voting rights
• Has the right, directly or indirectly, to appoint or remove a
majority of the board of directors
• Has the right to exercise, or actually exercises, significant
influence or control (see guidance – nb minority protections)
• Exercises, or has the right to exercise, significant influence
or control over a trust or firm, which itself meets any of
above conditions

28. Indirect ownership / RLEs
• Rights might be held indirectly (i.e. corporate groups)
• When legal entity holds shares/rights and someone has majority
stake in that entity
• Don’t need to enter that person on register unless legal entity they
held interest through is not an RLE
• Majority stake: majority voting rights, appoint/remove majority of
board, right to exercise or actually exercise dominant influence
• RLE: meets one or more of four control conditions and keeps own
PSC register/DTR5/listed on relevant overseas exchange
• Registrable RLE: only if first RLE in ownership chain

29. Examples
1. Simple 3. More complex 4. Very complex
2.
50% 50%
UK Company A
20% 20% 20% 20% 20%
P1 P2
UK Company B
PSCs = P1 + P2
100%
P1
UK Company Z
UK Company Y
UK Company X
Company Z PSC
register = P1
Company Y PSC
register =
Company Z
30%
Company X PSC
register =
Company Y
70%
P1 P2
Overseas
Company B
(unlisted)
Overseas
Company C
(unlisted)
No PSC register
UK Company A
No PSC register
Company A PSC
register = P2 only
(majority stake)
“Look through non-RLE’s”
Still need a PSC register stating
no PSCs
No PSCs (unless
arrangements)
100%
100%
100%
100%

30. What else will the SBEEA change?
• Private co registers may be held at Companies
House (June 2016)
• End of annual return – replaced by annual
confirmation (June 2016)
• Prohibition on corporate directors (currently
October 2016 – already delayed by 12 months)

31. Any questions?

32. Coffee break

33. Commercial law update
Richard Nicholas

34. Commercial law update
• Penalty Clauses/ Service Credits
• Indemnity
• In the 5 mins before signature

35. Quick advert…
In house lawyer “checker” Product
- Free second opinion/expert view/check a point
– Approx 20 minutes on the telephone
- Equivalent to seeing a specialist at their desk
- Exclusively for in-house lawyers
Terms and conditions apply ☺

36. From last time..
Parkingeye v Bevis (2015) 2015 SC
- £85 for overstaying free parking time – penalty?
- Genuine pre-estimate of loss?
- Deterrent?
- Unfair?
- Extravagant and unconscionable?
- Commercial Justification?

37. Supreme Court
- Heard alongside Cavendish v Makdessi (2015) SC
- Dunlop “test” too rigid – so….
(Several tests, depending on Judgement)
“Legitimate Interest”
+
“not exorbitant or unconscionable”
[“secondary, not primary obligation”]

38. So What?
- “Genuine Pre-estimate of loss” – not needed.
Instead:
- legitimate interest?
“parties have agreed, in order to…..”
- not extortionate
“no more than…” “represents…..”

39. So What?
“secondary obligation”
Avoid breach of contract entirely, so:
“If Supplier completes by [a] then charges are [£y]”
“If Supplier completes by [b] then charges are [£yyyy]”
Deposits – a secondary obligation?
- Use “legitimate interest/not extortionate” wording

40. Service credits
Sole remedy for breach?
Scottish Power v BP (HC) 2015
- BP required to deliver quantity of gas from a site
- Sole remedy for “underdelivery” based upon default
gas price. Replacement gas was more expensive.
- Deliberate action rather than “force majeure”

41. So What?
• When setting service credits consider – what should
happen if there is no delivery (at all).
• “…without prejudice to any other remedies the
parties might have”
• Avoid “Genuine pre-estimate of loss” (limiting
what is “in the contemplation of the parties”)

42. Indemnities
Capita v RFIB Group (2015) CA
- Sale of company by R to C
- R indemnified C for “services, goods or
advice” provided by the company “prior to the
Transfer Date”
- Effect of bad advice – damages accrued daily

43. Indemnities
2000 - Employee of R gave (wrong) advice
2004 - Sale of Company (+ indemnity)
2004 - Same employee notified of mistake
(ignored advice)
2005 - Misrepresentation –rectified
2008 - C sought to claim under indemnity

44. So what?
- Consider ongoing indemnities and their scope
- If the intention is to have a clear break pre/post
sale then this will need to be clear, otherwise the
first cause of loss will continue until any new one
intervenes.

45. In the 5 mins prior to signature
• Gordon Ramsey v Love (2015) HC
- Signature applied to a guarantee
- Statute of Frauds (1677)
- in writing
- signed

46. Lessons
• Liquidated damages clauses/ Service credits
– Save “penalty” clause by following the drafting –
legitimate interest, because, unrelated to breach
– Consider your total loss (& whether they’re enough)
• Indemnity
– Bear in mind the possibility of continually accruing
damages

47. Lessons
• A signature may not mean someone signed – check
the person had authority
• If you’re looking for quick, free answers to legal
questions over the phone…ask about “Checker”
today.
Thank you

48. Questions

49. Consumer Law Update
Practical Application of the CRA 2015
Caroline Green

50. Background
• “The Consumer Rights Act is the biggest shake-up
in consumer law in a generation. It's aim is to
simplify, strengthen and modernise the law, giving
people clearer shopping rights” Which
• “The changes are relevant to all consumers and
every business which sells directly to them.UK
consumers spend £90 billion a month. Transparent
rights will help them to make better choices when
they buy and save them time and money” Citizens
Advice

51. Higher Profile
• “Revealed: 13 major stores' web return rights are
WRONG
• Thankfully after we reported the issues to them,
13 of the 17 firms have agreed to review their
sites – some have already made changes …. But
the following haven't and we've reported them to
Trading Standards” MoneySavingExpert

52. Higher Profile
• Citizens Advice Campaign
– “It’s estimated a quarter of UK consumers spend
more than four hours trying to sort out problems,
one in ten having to take time off work to do so”
– “[The CRA] ..should make life easier for shoppers
who encountered more than 18 million problems
with consumer goods and services over a 12 month
period”
• Social media

53. 1. Implementation of the
Consumer Rights Directive
The Consumer Rights (Payment Surcharges) Regs
2012 – banning excessive payment surcharges.
Payment surcharges must reflect the actual cost of
processing the payment

54. 1. Implementation of the
Consumer Rights Directive
The Consumer Contracts (Information, Cancellation
and Additional Charges) Regs 2013 (“CCR”)
• Contracts entered into after 13 June 2014
• All consumer contracts with some exceptions (usually where
other legislation applies e.g financial services, package
travel)
• Rules for on premises contracts as well as off premises and
distance sales contracts
• provision of information to consumers
• additional rights for distance sales

55. The CCR…
• In particular:-
– Express prior consent required before additional
payments are taken; pre-ticked boxes are not
permitted
– Unless the consumer agrees otherwise, goods must
be delivered within 30 calendar days of purchase
– No premium rate telephone line for complaints,
after sales services etc

56. 2. Unfair Commercial Practices
Consumer Protection Amendment Regulations
2014 (“CPUT”)
• Prohibit traders from engaging in unfair
commercial practices in dealings with consumers
• New civil right of redress for consumers against
traders
• Offences carry criminal sanctions ranging from a
fine to imprisonment for up to two years

57. Unfair Commercial Practices..
• utility companies demanding payment from non-
customers;
• private car-clamping companies;
• agents acting for retailers demanding payment
for "civil recovery" from alleged shoplifters
• Law Society Guidance - solicitor acting on a sale
or letting of property to a person for personal use
or private investment

58. 3. Empowering Consumers
• Various (non-statutory) initiatives to give
consumers more rights and powers
• Midata
– voluntary scheme to give consumers more access to
their transaction and consumption data, to
encourage consumers to compare and switch
suppliers
– Currently suppliers in 3 key sectors (energy, current
accounts and credit cards, and mobile phones), but..

59. 4. Reform of Consumer Law
Enforcement Institutions
• Abolition of the OFT
• Trading Standards - primary enforcer of key
consumer protection legislation
• Citizens Advice/Citizens Advice Scotland -
consumer advice, education and consumer
advocacy
• The Competition and Markets Authority (CMA) -
leadership role in relation to unfair terms
enforcement

60. 5. Consumer Rights Act 2015
• Came into force on 1 Oct 2015
• Consumer - an individual acting for purposes which
are wholly or mainly outside that individual's
trade, business, craft or profession.
• Directive “trade purpose is so limited as not to be
predominant in the overall context of the
contract”
• Trader has burden of proving customer is not a
consumer

61. CRA - Key Terminology
• Trader - a person acting for purposes relating to
that person's trade, business, craft or profession,
whether acting personally or through another
person acting in the trader's name or on the
trader's behalf
• Includes the activities of any government
department or local or public authority
• Includes activities leading up to or otherwise
related to the contract

62. CRA - Key Terminology
• Goods
– Any tangible moveable items including water, gas
and electricity supplied in limited volume /quantity,
e.g. a bottle of water, a gas cylinder or a battery.
• Digital Content
– New category of product treated similarly to
goods
– ‘data which are produced and supplied in digital
form’

63. CRA - Digital Content
• Includes computer programs, apps, games, music,
videos and texts, whether accessed through
downloading or streaming, from a tangible medium
or through any other means
• Includes digital content stored and processed
remotely e.g. software supplied via cloud
computing.
• Includes digital content supplied as the result of a
service e.g. a website design service.

64. CRA - Supply of Goods
• 3 key conditions - goods must be: -
– of satisfactory quality;
– fit for purpose; and
– as described (if a customer has seen a sample or
model, goods must match the sample or model)
• Installed goods: if installation is part of the
contract, the goods will not be considered to
conform to the contract if the installation is
carried out incorrectly

65. CRA - Supply of Goods
• Goods with digital content: where there is a mix
of goods, the goods will not be deemed to conform
to the contract if the digital content does not
conform
• Excluded contracts:-
– supply of coins or notes for use as currency
– goods sold by execution or authority of law
– Contracts operating as a mortgage, pledge, charge
or other security

66. CRA - Supply of Goods – Key
Changes
• Goods must match a model seen or examined
• New short-term right to reject
• Only one attempt to repair or replace
• New limits on deduction for use
• BUT consumer has no remedy for non-conformities
in goods which are caused by materials he has
supplied

67. CRA - Supply of Services
• Supply of Goods and Services Act 1982 (“SGSA”)
continues. Services must be:-
– carried out with reasonable skill and care;
– within a reasonable time;
– for a reasonable price
• contracts of employment/apprenticeship excluded
and the Secretary of State may make orders
excluding other contracts

68. CRA - Supply of Services – Key
Changes
• Pre-contract information
– information required to be given by a trader under
the Consumer Contracts Regulations in relation to
the services, will form part of the contract
• Information provided voluntarily
– information given voluntarily about trader or
services, orally or in writing, relied on by the
consumer when deciding will form part of the
contract

69. CRA - Supply of Services – Key
Changes
Pre-contract information
• information required to be given by a trader under
the Consumer Contracts Regulations in relation to
the services, will form part of the contract
Information provided voluntarily
• information given voluntarily about trader or
services, orally or in writing, relied on by the
consumer when deciding will form part of the
contract

70. CRA - Supply of Services – Key
Changes
New remedies:
– Services not performed with reasonable skill and
care /trader does not comply with information it has
provided about the service: right to repeat
performance, or, if this is impossible or not done
properly, a price reduction
– Services not performed within a reasonable time/not
in line with information provided about the trader,
the consumer has the right to a price reduction.

71. CRA - Supply of Services – Key
Changes
• Ban on excluding liability
• Ban on limiting liability to below the contract
price
• The services provisions apply regardless of
whether a price is paid for the services
(although in Scotland they do not apply where a
service is provided for free).

72. CRA - Unfair Contract Terms
• Fairness Test – significant imbalance to detriment
of the consumer
• Written terms must be “transparent”
– Exemption for price and subject matter: if clear
– Grey List Terms…
• An unfair contract term is not binding and is liable
to potential enforcement action by Trading
Standards or the CMA, but consumer can choose to
rely on unfair terms

73. CRA - Unfair Contract Terms
• Grey List Terms (Schd 2 Pt 1) - examples:
– limiting liability for death or personal injury
– limiting the legal rights of the consumer
– overly high compensation for non performance
– allowing trader to dissolve on a discretionary basis
– binding terms without opportunity to know them
– trader decides subject matter after the terms are binding
– terms giving the trader the discretion to decide the price
– terms limiting the trader’s commitments undertaken
– limiting a consumer right to take legal action

74. REMEDIES - GOODS : Tier 1 First 30 days -
short-term right to reject
• Applies during the expected life of the product
– Faulty products: right to reject i.e. return the
product, treat the contract as at an end and receive
a refund
– BUT if the customer agrees to repair/replacement,
the 30 day period is suspended for repair or
replacement and is extended until the later of:-
 7 days after the waiting period ends;
 until the 30 day period + the waiting period ends.

75. REMEDIES - GOODS: Tier 2 First 6 months
- repair, replace, final right to reject
• Faulty products - after 30 day period has passed,
but before 6 months from the date of sale, the CRA
assumes that the product was faulty at the date of
sale
– Trader has to prove that the product was not
defective at the date of sale.
– one opportunity to :-
 replace; or
 repair

76. REMEDIES - GOODS: Tier 2 First 6 months
- repair, replace, final right to reject
• If repair/replacement within the 30 day period, the
trader will have used up its one opportunity
• If the customer elects for a repair or replacement,
but the new or repaired product is faulty or
repair/replacement not carried out within a
reasonable time, the customer has the right to:-
– an “appropriate” price reduction; or
– a final right to reject.

77. Remedies - Goods
BUT:
• A trader can no longer refuse to repair or replace goods
on the basis that it would represent a disproportionate
remedy compared to a reduction in the purchase price
or termination of the contract.
• A consumer is no longer required to allow the trader a
reasonable time to repair or replace goods before
seeking the alternate remedy, or exercising the short-
term right to reject, if to do so would cause the
consumer significant inconvenience

78. Remedies - Services
• Right to Repeat Performance
Where the Services are NOT:
– performed with skill and care; or,
– performed in accordance with information provided
concerning the service
• If exercised, the trader must:
– provide it within a reasonable time, without
inconvenience to the consumer; and
– bear the costs incurred (inc any labour or materials)

79. Remedies - Services
• Right to a reduction in price
– If repeat performance not possible, not carried out
within a reasonable time without inconvenience, not
in accordance with information provided about the
trader
– “appropriate” reduction takes into account the
benefit the consumer has already derived. Normally
= the difference in value between the service paid
for and the value of the service as provided

80. 6. Alternative Dispute Resolution
“The government wants to encourage the
development of ADR. Better ADR and easier access
to it should also be good for all businesses
committed to giving their customers the best
possible service” BIS

81. Alternative Dispute Resolution
• European Regulation on Dispute Resolution
• The Alternative Dispute Resolution for Consumer
Disputes Regulations 2015 (2 sets)
• Regs apply to contracts formed on a website or by
other electronic means
• Regs do not apply to a contract to the extent that it is
for health services provided by health professionals to
patients to assess, maintain or restore their state of
health, including the prescription, dispensation and
provision of medicinal products and medical devices

82. Alternative Dispute Resolution
• If a trader cannot settle a complaint with the
consumer must tell customer in durable medium of
the name and website address of an ADR entity;
and
• whether the trader is obliged, or prepared, to
submit to ADR operated by that ADR entity
• In addition, from 15 February 2016 online traders
must tell consumers about the ODR platform
established by the Commission

83. Practical Steps
• On-premises contracts – review all store notices,
till receipts and other documentation in the light
of information and fairness requirements. Avoid
“your statutory rights are not affected”
• Off-premises contracts – ensure you have terms
and conditions for off-premises and telephone
sales. Many traders do not!
• Distance contracts – review your website and
terms & conditions

84. Practical Steps
• Train your staff – they are in the “front line”
• Provide scripts or cheat sheets for consumer-
facing staff
• Offer a helpline for consumer-facing staff
• External and internal escalation procedure for
complaints
• ADR – tell all customers about ADR options. Will
you submit to ADR?

85. Watch this space….
• BIS consultations:-
– draft directives relating to the sale of digital
content and the online sale of goods to consumers
– on how T&Cs can be made more user-friendly and on
proposals to introduce fines for unfair terms
• Common European Sales Law?
• the government is considering making ADR
mandatory across all consumer goods and services
in the UK …

86. Questions

87. General Data Protection
Regulation
Are you prepared?
Mark Gleeson

88. Agenda
• Key issues from the GDPR
• To do list
• Brexit

89. Introduction
• The General Data Protection Regulations received
informal political approval
• The Regulation has set a 2 year implementation
period
• The Regulation is likely to come into force in spring
2018

90. Scope and new concepts

91. In brief…
• Scope: EU based data controllers and processors in the context of its
activities in the EU.
• Where no EU presence, the GDPR will still apply whenever an EU
resident’s personal data is processed in connection with goods/services
offered to them or the behaviour of individuals within the EU is
“monitored”.
• The GDPR allows Member States to legislate in many areas.
• The data protection principles are revised but are broadly similar:
fairness, lawfulness and transparency; purpose limitation; data
minimisation; data quality; security, integrity and confidentiality.
• A new accountability principle

92. Children’s data

93. In brief…
• Under 16
• Restrictions and clarifications around the ability to rely on “legitimate interests”
• Consent subject to additional conditions
• Effective prohibition on “bundled” consents and offering of services contingent on
consent.
• Consent must be separable from other written agreements, clearly presented and as
easily revoked as given.
• Children are “vulnerable individuals” and deserve “specific protection”
• Further restrictions may be imposed by codes of conduct.
• Additional rules for online services provided to children under 16.

94. “Special categories of personal data”

95. In brief…
• Genetic data and biometric data
• Sensitive personal data
• New conditions regarding the processing of genetic, biometric or
health data

96. Transparency
In brief…
• Controllers must provide information notices to ensure
transparency of processing
• Specified information must be provided
• There is also a general transparency obligation
• Much of the additional information will not be difficult
to supply – although it may be hard for organisations to
provide retention periods
• There is an emphasis on clear, concise notices

97. Rights for individuals
In brief…
• Rights to object
• Subject access rights
• Data portability
• Right to erasure and right to restriction of
processing

98. Demonstrate data governance
In brief…
• Implement measures to reduce the breach risk
• Take governance seriously
• Privacy Impact Assessments, audits, policy reviews,
activity records and appointing a Data Protection
Officer

99. Breach notification
In brief…
• Notification regime applies to data controllers and
data processors
• Data controllers must maintain an internal breach
register
• Additional breach notification requirements under
PECR still apply

100. Transfers of Personal Data
In brief…
• Transfers outside the EEA continue to be regulated and
restricted
• Remains a significant issue
• Non-compliance proceedings can be brought against
controllers and/or processors
• Safe Harbor and Privacy Shield

101. Remedies and liabilities for breach
In brief…
• Higher of €20,000,000 or, in the case of
undertakings, 4% of global turnover
• Compensation claims

102. Impact of a Brexit
• UK would be outside EEA
• Would need to offer “adequate level of protection”
• Commission views UK as inadequate due to defective
implementation of 1995 Directive
• Commission’s infraction proceedings against UK are still
live
• If UK doesn’t meet 1995 Directive it will not meet GDPR
• UK would need to implement “essentially equivalent”
measures or non-UK businesses would need to rely on
derogations/exemptions

103. Questions

104. Speak to us…
Emma Grant| 0115 934 2043
emma.grant@brownejacobson.com
Catriona Lothian| 0115 976 6182
catriona.lothian@brownejacobson.com
Elish Kennedy| 020 7337 1033
elish.kennedy@brownejacobson.com

105. Speak to us…
Mark Gleeson| 0207 871 8534
mark.gleeson@brownejacobson.com
Caroline Green| 020 7337 1026
caroline.green@brownejacobson.com
Richard Nicholas| 0121 237 3992
richard.nicholas@brownejacobson.com