Lawyers Afternoon Update Thursday 14th September 2017 - PowerPoint PPT Presentation

Partners Employment Lawyers Afternoon Update Thursday 14th September 2017 www.partnerslaw.co.uk 02073746546 - 07809694400

Hina Belitz Hina Belitz is a senior employment lawyer, author and trainer with over 20 years’ experience. She has headed up employment teams at a number of City firms, including DLA Piper, Dentons and Pinsent Mason, and has, for the last eleven years, been managing partner of her own City of London law firm – Partners Employment Lawyers – now part of Excello Law. She works with a team including solicitor She and her teams have been listed in the Legal 500. Partners Employment Lawyers, founded by managing partner Hina Belitz in Hina acts for a wide range of companies including financial 2006, has merged with national, new-model law firm Excello Law. Based institutions, IT, service and property organisations, charities in the City of London with a significant portfolio of corporate and executive and educational establishments, as well as for international clients, the merger will see Hina, employment solicitor Ben Payne and royalty, and UK-based embassies advising on employment paralegal Zahra Mahmood bring additional strength and experience to the law, supporting on strategy and board level decision Excello Law employment team. making. She also advises senior executives on termination and settlement agreements. Hina qualified in 1995 building her career of over 20 years within major City firms including DLA Piper, Pinsent Masons and Dentons before establishing She has personally conducted the advocacy in over 80 her own practice in 2006. She has significant experience in Employment claims at Employment Tribunal, Employment Appeal Tribunal, Employment Appeal Tribunal and High Court cases and her teams Tribunal and the High Court, often partnering with barristers have been recognised in the Legal 500. to assist with representation. She is a recognised trainer and commentator on employment law, co- The most substantial part of her work is working with authoring the ‘Penguin Guide to Employment Rights’ with preface by Cherie executive teams to advise on employment law when viewed Booth, barrister and wife of Tony Blair, and published her first fictional alongside commercial strategy ensuring the smooth running novel, ‘Set Me Free’ in 2016, named as one of Amazon’s Best Debut of their organisations, especially when faced with Novels last year. She was approached by Morgan Freeman and his team to redundancies, TUPE and corporate re-organisations. feature in a National Geographic series on inspirational people due for release later this year called ‘The Story of Us’.

‘We appointed Hina and her team to represent us in protracted Employment Tribunal proceedings involving complex legal issues and a difficult personality. Hina and her team guided us with great care and focus and her professional consultative style assisted us in making key strategic decisions. We won the Employment Tribunal claim hands down which we know deflected much larger threatened proceedings. This was an important case for us as we were able to publicly demonstrate that we will stand against those who unfairly challenge us when we have sought only to do the right thing. This was a great victory not only for the management, but because of the message it sent to everyone in the company. Hina’s guidance, along with the hard work of her dedicated team, meant we received the advice, and representation necessary to enabled us to achieve this outcome.’ NICK WATSON, DIRECTOR, PEARL & COUTTS LTD ‘A special thanks to Hina Belitz for her interesting talk on what we must take into account before employing someone at any level. She carried us through what could be a “heavy weight” topic with such ease that we could have listened to her for hours!’ MARILENA NARBONA, THE ATHENA NETWORK ‘I was very nervous and unsure about my situation, however, right from the initial meeting Hina and Ben guided me and managed my expectations in a very personal and professional manner. They negotiated on my behalf a package which reflected the situation and was fair so that I can maintain professional relationships with the firm for the future. A win for both sides. I would happily recommend Partners Employment Lawyers to anyone.’ KP, SENIOR EXECUTIVE, CITY OF LONDON ‘I have worked with Hina Belitz on numerous complex employment issues within our business. We have an open and consultative relationship which ensures risks are addressed in a consistent manner. This has led to the honesty and openness I rely on to make key strategic decisions for the business.’ HEAD OF HUMAN RESOURCES & RECRUITMENT, BUSINESS MONITOR INTERNATIONAL

Team • Ben Payne - Solicitor • Zahra Mahmood - Paralegal

Guest Speakers • Gus Baker - Outer temple Chambers • Mukhtiar Singh - Six Pump Court Chambers • Smita Tharoor - Unconscious bias

Topics • General Data Protection Regulation • Employment Tribunal Fees • Maternity Cover • Unconscious bias • Post Termination Restrictions

General Data Protection Regulation

25th May 2018 Date for your diary - UK data protection law will change on 25 May 2018 when the EU General Data Protection Regulation takes effect, replacing the Data Protection Act 1998.

Why? • Significant advances in information technology • Fundamental changes to the ways in which individuals and organisations communicate and share information • EU member states have take different approaches to implementing the Data Protection Directive

What will this achieve? General Data Protection Regulation: - more updated - more future-proof and forward-looking - more technology-agnostic - more harmonised data protection law

Impact of the GDPR on business and what they should be doing now Many of the principles in the new legislation are much the same as those in the current Data Protection Act. If you are complying properly with the current law, then you have a strong starting point to build from. But there are important new elements and some things will need to be done differently. The GDPR will introduce several new concepts and approaches, some of the most significant of which will be outlined.

Key concepts and changes KEY CONCEPT Greater harmonisation The GDPR introduced a single legal framework that applies across all EU member states. This means that businesses will face a more consistent set of data protection compliance obligations from one EU member state to the next. CHANGES Positive change The GDPR is likely to require significant changes for many businesses, and many of these changes will require substantial lead time. Member states will have some flexibility over decisions, for example, the age at which online service providers must verify that parental consent has been given before providing the services can be set at 13 to 16 years of age.

Key concepts and changes KEY CONCEPT Expanded territorial scope Non-EU data controllers and data processors will be subject to the GDPR if they either: - offer goods or services to data subjects in the EU irrespective of whether payment is received. - Monitor data subjects behaviour insofar as their behaviour takes place within the EU. This means that many non-EU businesses that were not required to comply with the Data Protection Directive will be required to comply with the GDPR. CHANGES Broadly negative change for most businesses Businesses established outside the EU are not subject to the Data Protection Directive should consider whether any of their entities are subject to the GDPR.

Key concepts and changes KEY CONCEPT Increased enforcement powers Currently, fines under national law are low (for example, the UK maximum fine is £500,000). The GDPR will significantly increase the maximum fines based on a two tier basis: • Up to 2% of annual worldwide turnover of the preceding financial year or 10 million euros (whichever is the greater) for violations relating to internal record keeping, data processor contracts, data security and breach notification, data protection officers, and data protection by design and default. • Up to 4% of annual worldwide turnover of the preceding financial year or 20 million euros (whichever is the greater) for violations relating to breaches of the data protection principles, conditions for consent, data subjects rights and international data transfers. CHANGES Broadly negative change for most businesses Businesses that had previously regarded non-compliance with EU data protection law as a low-risk issue will be forced to re-evaluate their positions.

Key concepts and changes KEY CONCEPT Consent, as a legal basis for processing, will be harder to obtain The Data Protection Directive distinguished between ordinary consent (for non-sensitive personal data) and explicit consent (for sensitive personal data). The GDPR requires a very high standard of consent, which must be given by a clear affirmative action establishing a freely given, specific, informed and unambiguous indication of the individual's agreement to their personal data being processed, such as by a written (including electronic or oral) statement. CHANGES Broadly negative change for most businesses Businesses that rely on consent, as a legal basis for processing personal data, will need to carefully review their existing practices to ensure that any consent they obtain indicates affirmative agreement from the data subject (opt in) (for example, ticking a blank box). Mere acquiescence (for example, failing to un-tick a pre-ticked box) does not constitute valid consent under the GDPR.