In-house Advisor weekly highlights—19 August 2021

In-house Advisor weekly highlights—19 August 2021

In this issue:

In-house resources, events and networking

Risk & Compliance

Commercial

Employment

Information Law & TMT

New and updated content—Risk & Compliance

New and updated content—Commercial

New and updated content—Corporate

New and updated content—Employment

Useful information


 

In-house resources, events and networking

Crafty Counsel videos available in Lexis®PSL

˾ҹ® has entered into a content sharing partnership with , the market-leading provider of video guidance for in-house lawyers.

A selection of Crafty Counsel videos are now available within Lexis®PSL—you can find them in the ‘Training for you and your team’ topic within and they are also available alongside practical guidance and tools in related Lexis®PSL subtopic areas. Practice Note: contains a consolidated list of all the videos available.


 

Networking and forum events

There’s no need to feel isolated if you’re working from home—join one of our virtual networking or forum events. Even if you aren’t working from home, take some time to network with your peers, find out what challenges they’re facing and how they are meeting those challenges.

22 September 2021


Disrupted or accelerated? Digital transformation in legal teams

COVID-19 showed how an agile in-house team can be a competitive advantage for a business. Yet did the pandemic accelerate or disrupt digital transformation in legal teams? In this session, we explore the issues that deserve deeper consideration on the topic of legal tech. How are other legal teams using technology to increase productivity, reduce risk and collect meaningful data to demonstrate their value? Is there just a shift from legal tech to enterprise tech? What should you expect from your law firms in relation to use of technology to improve efficiency and reduce costs? What practical strategies can be used in implementing an effective change management initiative?

3 November 2021

Your essential regulatory and commercial news update

We are almost a year into Brexit and settling into a new way of life post-lockdown. Parts of the economy are rebounding after a tough 18 months. Yet challenges will remain, alongside renewing optimism. What should be on your radar to best support your organisation moving forward? Join us as we highlight the key priorities for legal departments from recent government and regulatory guidance updates and recommended practical next steps to consider.

8 December 2021


The fight against modern slavery

40 million people are estimated to be trapped in modern slavery worldwide. 1 in 4 of them are children. 71% are women and girls. 10,000+ were identified as potential victims by the authorities in the UK in 2019. Join us as we welcome guest speakers and senior counsel to discuss the critical role you can play as senior counsel in helping in the fight against modern slavery. This is not only a moral obligation it is a regulatory obligation.

26 January 2022


The effective leader—how to lead amid disruption and complexity

This free-to-join forum brings together in-house lawyers working solo, or in smaller teams, to network and learn from one another. It is a chance to connect, debate topical issues and stay ahead of the latest regulatory and legal commercial updates for legal teams. Held in partnership with Flex Legal, Radius Law and Crafty Counsel.

Various dates


˾ҹ® Aspire Forum for Junior In-house Lawyers

To register your interest in joining the events, sign up as an Aspire member today

Aspire is a professional development and networking forum for junior in-house counsel. We have several events planned for the new year to continue supporting you through these uncertain times and provide a platform for you to connect with your peers. Events take place at the same time each month, from 5 pm to 6.30 pm.

 


 

Risk & Compliance

Risk & Compliance forecast

Our new Risk & Compliance forecast (as at 17 August 2021) is now live. This month, we report on issues including (1) a new draft international data transfer agreement from the ICO; (2) a consultation on the UK AML/CTF regime; and (3) updates to the MLR 2017. You can rest assured we’re tracking forthcoming regulatory changes so you can plan ahead.

See News Analysis: .


ICO seeks views on draft IDTA and guidance which replaces SCCs

The Information Commissioner’s Office (ICO) has opened a consultation which seeks views on its draft international data transfer agreement (IDTA) and guidance, which is set to replace Standard Contractual Clauses (SCCs). The IDTA and associated documents further conform to ‘a wider UK package to assist international transfers, including independently supporting the Government’s approach to adequacy assessments of third countries.’ The consultation considers plans for updates to guidance on international transfers, transferring risk assessments and the IDTA itself. The ICO states that it seeks views on any relevant privacy rights, legal, economic or policy considerations and implications. The consultation closes at 5 pm on 7 October 2021.

See: .


SCC launches consultation on surveillance camera code of practice

The Surveillance Camera Commissioner has opened a consultation on the surveillance camera code of practice. The SCC is consulting on revisions to the code of practice to reflect changes in legislation, which is said to be the first revision to the code since it was introduced in June 2013. The Code will provide guidance on 'the appropriate use of surveillance camera systems by local authorities and the police'. The consultation closes at 11.45 pm on 8 September 2021.

See: .


Sentencing Council publishes guidelines on sentencing modern slavery offenders

The Sentencing Council has published new guidelines for sentencing offenders convicted of modern slavery offences in England and Wales. This concerns offences under the (), including slavery, servitude, forced or compulsory labour and trafficking for the purposes of exploitation. The guidelines are expected to increase consistency in this area of sentencing and allow courts to pass appropriate sentences. They will come into effect on 1 October 2021.

See: .


Dancing to the EU’s tune—why its Whistleblowing Directive may still affect you

The 27 remaining EU Member States have until 17 December 2021 in which to introduce domestic legislation implementing the Whistleblowing Directive from 2019. With scarcely four months to go, how are things going? David Whincup, partner at Squire Patton Boggs analyses the impact of the Directive.

See News Analysis: .


Ransomware not deterring cyber insurers

Law360: Ransomware payments for cyberattacks have raised concerns for cyber insurers, but experts say those worries have not led to an exodus in the cyber insurance market, just a hardening.

See News Analysis: .


 

Commercial

Weekly roundup of HMRC post-Brexit import, export and customs guidance—16 August 2021

HMRC has updated its import, export and customs guidance to reflect the post-Brexit regime. The update covers the period from 9 August 2021 to 16 August 2021.

See: .


Finance company liable in damages for supplier’s misrepresentation

In a claim under sections 56 and/or 75 of the (), the court considered in relation to the principal, underlying contract allegations of misrepresentation in antecedent negotiations, ostensible authority and vicarious liability, estoppel and the measure of damages. Written by Graeme Kirk, barrister at Lamb Chambers.

See News Analysis: .


 

Employment

ICO launches consultation on employment practices

The ICO has launched a on data protection and employment practices to help shape its upcoming guidance products. The new guidance will address the changes in data protection law, reflect the changes in the way employers use technology and interact with staff and meet the needs of the people using the products. The ICO is seeking input from relevant stakeholders, including employers, professional associations, those representing the interests of staff, recruitment agencies, employment dispute resolution bodies, workers, volunteers, and employees, as well as suppliers of employment technology solutions. The consultation closes on 21 October 2021.

See: .


Acas publishes findings of coronavirus (COVID-19) vaccine study in the workplace

The Advisory, Conciliation and Arbitration Service (Acas) has reported that one in four employers are not giving staff paid time off to receive the coronavirus (COVID-19) vaccination. Also, one quarter of employers are not providing sick pay for those who are off work due to the side effects of the vaccine.

See: .


ESFA updates apprenticeships standards funding bands spreadsheet

The Education and Skills Funding Agency (ESFA) has its spreadsheet listing the apprenticeships standards approved for delivery from August 2021 and the funding bands that apply for each apprenticeship framework.

See: .


DWP updates Maternity Allowance claim form

The Department for Work and Pensions (DWP) has updated its to update the test period table to include dates up to December 2022. The test period is the 66 weeks up to and including the Saturday before the week the baby is due, ie the expected week of confinement (EWC), which is used to calculate maternity allowance.

See: .


HMRC publishes list of excuses given for not paying minimum wage

HM Revenue and Customs (HMRC) has some examples of excuses given by employers for not paying the national minimum wage. According to HMRC, it has helped over 155,000 workers recover more than £16m owed to them and issued over £14m in penalties over the last year.

See: .


HMRC publishes employer bulletin for August 2021

HMRC has published its bi-monthly providing the latest information on payroll-related topics for employers and agents.

See: .


 

Information Law & TMT

EDPB publishes report on resources of Member States’ data protection authorities

The European Data Protection Board (EDPB) has published its response to a request from the Committee on Civil Liberties, Justice and Home Affairs (LIBE) of the European Parliament to share data protection statistics. Specifically, the LIBE Committee requested information on the resources made available by Member States to the relevant state data protection authorities. The EDPB’s responding report contains a breakdown on the budget of each Member State’s data protection authority’s financial budget, number of employees and total number of enforcement cases.

See: .


UK spy agencies found to have unlawfully collected personal data (Privacy International v Secretary of State for Foreign Affairs & others)

In this milestone case, the government and security services conceded that the collection of bulk communications data was incompatible with EU law, even when it had been collected for the purpose of safeguarding national security and for use by Security and Intelligence Agencies.

See News Analysis: .


 

New and updated content—Risk & Compliance

New Practice Notes


Updated Practice Notes


Updated Precedent


 

New and updated content—Commercial

New Practice Notes


New Precedent


Updated Practice Notes


New Q&A


 

New and updated content—Corporate

● New Q&A:


 

New and updated content—Employment

● New Practice Note:


Latest Articles:
About the author:
Allison is a former partner of Shoosmiths, with extensive experience of legal management and practice compliance.