Data Protection Principles (1) Lawful, fair and transparent processing Specific, explicit and legitimate purposes and no incompatible use Adequate, relevant and limited to what is necessary Accurate and kept up to date TLT LLP TLT LLP
Data Protection Principles (2) Kept for no longer than is necessary Kept securely Controller is responsible for demonstrating compliance with the principles above TLT LLP TLT LLP
Key GDPR changes • Demonstrate compliance Accountability • Documented policies and procedures • Required for high risk Data protection processing impact • Identify privacy risks assessments and mitigating actions Privacy by design • Data minimisation • Pseudonymisation and by default TLT LLP TLT LLP
Key GDPR changes • Higher standard Consent • Audit trail required • Expanded notices Privacy notices • Clear and accessible • New mandatory Data processor clauses • Expanded due contracts diligence TLT LLP TLT LLP
Key GDPR changes: data subject rights Information (Articles 13 and 14) Automated decisions Access and/or (Article 15) profiling (Article 22) Data Object to Rectification Subject Processing (Article 16) (Article 21) Rights Data Erasure (to Portability be forgotten) (Article 20) (Article 17 ) Restrict Processing (Article 18) TLT LLP TLT LLP
Key GDPR changes • To regulators unless Breach low risk • To individuals if high notification risk • € 20million or 4% of Fines global turnover Regulatory • Audits • European Data powers Protection Board TLT LLP TLT LLP
GDPR – Issues for Receivers What personal data are you collecting – do you need it all? How are you keeping personal data confidential – who can see it? Consider pseudonymisation of data – sale information etc When is data being destroyed? Data Subject Access Requests Are your contractors holding personal information – are they keeping it safe? Have a documented policy and evidence of compliance and review TLT LLP TLT LLP
Questions? alison.deighton@tltsolicitors.com 0333 006 0160 philip.collis@tltsolicitors.com 0333 006 0285 TLT LLP
AML & POCA Page 62
Glossary • Proceeds of Crime Act 2002 (“ POCA ”) • Terrorism Act 2000 (“ TA ”) • Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (SI 2017/692) (“ MLR 2017 ”) • Fourth Money Laundering Directive (EU) 2015/849 (“ MLD4 ”) • Terrorist Asset-Freezing etc Act 2010 (“ TAFA ”) • Criminal Finances Act 2017 (“ CFA ”) • Second Wire Transfer Regulation (EU) 2015/847 (“ WTR2 ”) Page 63
POCA • Three principle offences of money laundering : • Concealing , disguising, converting, transferring or removing criminal property out of the jurisdiction • Entering into or becoming concerned in an arrangement that facilitates the acquisition, retention, use or control of criminal property • Acquiring, using or possessing criminal property • Failure to disclose (ss330-332) • Tipping off (s.333A) • Prejudicing an investigation (s342) • NB s.314 POCA 2002 – obtaining / disposal of property re insolvency Page 64
MLR 4 – new regime • MLR 2017 came in to force on 26 June 2017 and creates a number of new offences in its own right, placing a greater emphasis on a risk-based approach : • Contravening a relevant requirement (in addition to one attaching to the Wire Transfer Regulations) • Prejudicing an investigation • Provides for a corporate officer to be charged in addition to the body corporate where consent or connivance can be evidenced • Provides for similar prosecutions re partnerships and unincorporated associations (lack of supervision by officers) Page 65
Suspicious activity reports (SARs) • Compulsory when have knowledge or suspicion of ML or TF, failure to do so strips you of any defence to the principal offence and liable to a failing to report offence • A relevant person must have system for internal referrals re POCA / TA, including appointed a nominated officer to receive internal reports and decide whether to report externally to NCA Section Offence Who can commit the offence 330 Failure to disclose ; regulated Anyone acting in the regulated sector sector 331 Failure to disclose ; nominated Nominated officer officer in regulated sector 332 Failure to disclose ; nominated Nominated officer officer in unregulated sector Page 66
Tipping off and prejudicing an investigation • Different offences across the regulated and unregulated sectors • Criminal offence to disclose that a SAR or ML investigation is being considered or conducted, and that disclosure is likely to prejudice an investigation • Both sectors are subject to an additional offence regarding the tampering / interference with documents Page 67
Client due diligence • Obligation is absolute • Not risk-based approach although some components allow for flexibility, therefore requires risk assessment • Permitted to rely on third party but principal remains liable Page 68
Training • A relevant person must train relevant employees on the law re AML and TF on how to recognise and deal with issues • No prescribed for or frequency • Every two years appears to be good standard although annually Page 69
Are we paranoid ? Page 70
Fire Safety Legislation Presentation Anthony Buck www.alcumusgroup.com
72 Presentation Aim • This presentation is about the fire safety legislation & management policy and procedures that should be operated and the required response of key personnel. • This presentation will give an overview of fire safety legislation as well as the management procedures that should be operated at properties.
73 Fire Safety Legislation Legal Requirement Place duties on the “Responsible Regulatory Reform (Fire Safety) Order Person” (“Duty holder” in Scotland, 2005 “Appropriate Person” in Northern Island) Part 3 of the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Guidance documents have been Regulations 2006 produced by the various governments to assist. Article 50 of the Fire and Rescue Services (Northern Ireland) Order 2006 and the Fire Safety Regulations (Northern Ireland) 2010 Replaced most other legal requirements with regard to fire safety
Detail 74 • 20+ Sector specific documents • Not prescriptive • Guidance only, legislation only has key functional requirements achieved through risk assessment • Fire Precautions necessary for life safety • Reduction of risk from dangerous substances • Means of fire warning • Means of fighting fire • Means of escape • Emergency Procedures • System of maintenance • Provision of information • Training • Coordination/Cooperation • Measures need to be appropriate to risks, but flexible • “Where necessary”
75 The Responsible Person (Duty Holder/Appropriate Person) Undertake a Risk Assessment Consider who is at risk Remove/reduce risk of fire Make general fire precautions Eliminate/reduce risk from dangerous substances Create an emergency plan
76 Who is the “Responsible Person”?
77 The Responsible Person is… • The employer in relation to any work place is to any extent under his control or • The person in control of a premise (As occupier or otherwise) or • The owner Also every person who has to any extent control of those premises relating to matters under his control. Ensure the duties imposed upon them are complied with in respect to those premises so far as requirements relate to matters within his control
Competent Person 78 Who is the Competent Person under the Regulations? “ 18. — (1) The responsible person must, subject to paragraphs (6) and (7), appoint one or more competent persons to assist him in undertaking the preventive and protective measures. ” Therefore competent persons can include: Fire Risk Assessor - Fire Alarm Engineer - Extinguisher Service Technician - Caretaker/Building Manager (weekly tests, etc) - Etc. A person is to be regarded as competent where he has sufficient training and experience or knowledge and other qualities to enable him properly to assist in undertaking the preventive and protective measures. (6) & (7) – Allow RP’s to be the Competent Person as well for any area in which they have the necessary skills & experience. (8) requires competent employees to be used in preference to outside contractors where they exist.
Fire Risk Assessment 79 Simple Five Step Process The purpose of the risk assessment is; To reduce the risk of fire hazards to as low as level as possible; To assist the RP in deciding what physical fire precautions and management arrangements are necessary to ensure the safety of people in the premises.
80 What are the benefits of undertaking a Fire Risk Assessment?
Benefits of a Fire Risk Assessment 81 • Compliance with statute law • No Enforcement Notices (Public Register) • No Prohibition Notices (Loss of Trade) • No prosecution/fines/imprisonment • No negative press • Compliance with insurance requirements maintaining cover • Possible premium rebates for certain controls • Payout more likely should loss occur • Reduce the likelihood of fire • Avoid Injury & Death • Avoid loss of trade, affecting suppliers & customers as well • Avoid negative press • Avoid damage to the environment • Should tailor precautions to the risk reducing overspend with little benefit
Recording of a Fire Risk Assessment 82 11. — (1) The responsible person must make and give effect to such arrangements as are appropriate, having regard to the size of his undertaking and the nature of its activities, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures. (2) The responsible person must record the arrangements referred to in paragraph (1) where — (a)he employs five or more employees; (b)a licence under an enactment is in force in relation to the premises; or (c)an alterations notice requiring a record to be made of those arrangements is in force in relation to the premises.
What to expect if a Fire Safety Inspector Calls 83 right of entry any workplace at any reasonable hour, without giving notice, though notice may be given where appropriate. part or full inspection to check out the workplace, the work activities, your management of fire safety, and audit your fire risk assessment may offer guidance or advice to help you. may also talk to employees or their representatives, take photographs, serve notices and take action if there is a risk to fire safety that needs to be dealt with immediately. Informal Advice, Enforcement Notice, Prohibition Notice, Alterations Notice 21 days to appeal, right to apply for determination by Secretary of State where there is a disagreement on the measures required to correct an issue
Fire & Rescue Services Act 2014 7(2)(d) Visit 84 Local crews regularly visit premises to gather risk data: - Persons at risk - Hazardous substances and processes - Familiarisation with premises layout - Familiarisation with fire service facilities in premises They have a power of entry under the Fire & Rescue Services Act but are not Enforcement Officers and may not have the specialist training to correctly advise on fire precautions in commercial premises.
Defences 85 - Due Diligence (But NOT 8,1(a) take general fire precautions for employee safety or 12 dangerous substance risk) prove that it was not practicable or reasonably practicable to do more than was in fact done to satisfy the duty or requirement. (But onus on accused, not prosecution) Determination of disputes by Secretary of State (before court action) 36- responsible person or any other person with control has failed to comply; and the enforcing authority and that person cannot agree on the measures which are necessary to remedy the failure.
Thank you, Any Questions? Stephen.copp@alcumusgroup.com www.alcumusgroup.com
NARA Training Day Rochdale 2 November 2017 Conflicts of interest Will Glassey Partner, Mayer Brown International LLP wglassey@mayerbrown.com Mayer Brown is a global legal services organisation comprising legal practices that are separate entities ("Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP, a limited liability partnership established in the United States; Mayer Brown International LLP, a limited liability partnership (regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); and JSM, a Hong Kong partnership (and its associated entities in Asia). The Mayer Brown Practices are known as Mayer Brown JSM in Asia. In Brazil Mayer Brown is in association with Tauil & Chequer Advogados, a Brazilian law partnership.
What is a Conflict of Interest? • What is the central duty of a Professional? – To advise and represent clients objectively and independently without regard to the consequences to any third party or the professional • A conflicting interest is an interest which detracts from the professional’s ability to discharge that duty. It may be: – An “Party” Conflict – An “Own Interest” Interest – A “Confidential Information” Conflict 935718280 88
What was the problem? • Perception of “double dipping” / prejudice to consumers • Adverse Press • Questions in Parliament • Potential threat to confidence in Profession 935718280 89
RICS response (1) • Regulatory objectives of RICS: • Royal Charter: – “to secure the advancement and facilitate the acquisition of that knowledge which constitutes the profession of a surveyor” – “to maintain and promote the usefulness of the profession for the public advantage in the United Kingdom and in any other part of the world.” • Per RICS: – “To assure competence and thereby enhance members’ professional status through providing confidence to consumers and markets” 935718280 90
RICS Response (2) • Existing Rule: "Members shall at all times act with integrity and avoid conflicts of interest and avoid any actions or situations that are inconsistent with their professional obligations". • Regulation – Enforcement v Education – Rules v Guidance • The effect of Regulation should not be to disadvantage Members in competitive markets 935718280 91
RICS response (3) • Working Group formed June 2015 • Consultation Summer 2016 • Professional Statement published 1 March 2017 • UK Commercial Property market investment agency Professional Statement on Conflicts of Interest to be launched Monday 22 May 2017 • Both effective 1 January 2018 935718280 92
What is an RICS Professional Statement • “A document that provides members with mandatory requirements or a rule that a member or firm is expected to adhere to.” • The term also encompasses practice statements, Red Book professional standards, global valuation practice statements, regulatory rules, RICS Rules of Conduct and government codes of practice. • Global and all disciplines 935718280 93
Structure of the Professional Statement • Introduction • Professional Statements on: – Conflicts of Interest – Confidential Information • Definitions • Supporting Guidance Notes: – General Commentary Notes – Supporting Commentary Notes 935718280 94
Conflicts of Interest (1) 1.1 An RICS member or regulated firm must not advise or represent a client where doing so would involve a Conflict of Interest or a significant risk of a Conflict of Interest; other than where all of those who are or may be affected have provided their prior Informed Consent. Informed Consent may be sought only where the RICS member or regulated firm is satisfied that proceeding despite a Conflict of Interest is: (a) in the interests of all of those who are or may be affected and (b) is not prohibited by law, and that the conflict will not prevent the member or regulated firm from providing competent and diligent advice to those that may be affected.” 935718280 95
Conflicts of Interest (2) • Systems , management and records • Professional Statements 1.2, 2.2 and 2.3/ Guidance note 1 – Identify and manage conflicts – Keep records of decisions – Implement systems (by 1 January 2018) “appropriate to the size and complexity of their business” – Individuals are not required to ‘vet’ their firm’s systems, but they are required to know their firm has considered them 935718280 96
Confidential Information • 2.1 RICS members and regulated firms must maintain confidentiality of Confidential Information unless disclosure is required or permitted by law, or the RICS member or regulated firm concerned can demonstrate that the relevant party consented to the disclosure before it was made. • 2.2 Every RICS member working independently or within a non-regulated firm or within a regulated firm must provide to every client all the information that is material to that client’s professional assignment of which that RlCS member has knowledge. • Definition of Confidential Information 935718280 97
Informed Consent • Acting with a conflict of interest is permitted with Informed Consent • RICS considered the alternative of an absolute prohibition • Informed Consent means what it says. Affected clients should: – Understand the conflict and what its consequences might be – Give consent freely and unambiguously – In writing • Can a client ever be asked to consent to an Own Interest Conflict? 935718280 98
Information Barriers – What can they do? • Facilitate acting with a Conflict and Informed Consent – What can they not do? • Become a regular business tool • Overcome a Conflict on their own – Where should the risk lie? 935718280 99
Other issues • How to manage personal conflicts • Will it overcome a Conflict if separate but related firms act? 935718280 100
Recommend
More recommend
