Outlined below are the latest rights and duties for employees and employers.
‣ UK | ‣ EU | |
‣ Denmark | ‣ Australia | |
‣ France | ‣ Dubai | |
‣ German |
‣ India |
Schrems Strikes Back – EU data transfers under threat …againSix years ago, Maximillian Schrems brought about the demise of the US Safe Harbor system for US-bound transfers of EU data, successfully claiming against Facebook that, once in the US, there could be no guarantees that the data was being processed to the standards required by the EU given the US government’s powers of mass surveillance. The CJEU found in favour of Schrems. The Safe Harbor scheme was disbanded and replaced by the US/EU Privacy Shield. At the same time, the European Commission confirmed that the EU Standard Clauses were still a legitimate basis for transfers of EU personal data to recipients located outside of the EEA. The Standard Clauses being a written agreement that contractually commits the overseas receiver to apply EU standards to their data processing. Not content with seeing off the Safe Harbor regime, Schrems raised another complaint against Facebook with the Irish regulator this time focussing on the legitimacy of Standard Contractual Clauses and the new Privacy Shield. The Irish regulator referred the case to the CJEU who will give their binding opinion on the 12 December 2019 and a full decision in early 2020. Should the CJEU find in favour of Schrems for a second time and kill off the Standard Clauses and the Privacy Shield, it leaves international businesses in a very difficult position indeed. How exactly can a business lawfully transfer data outside of the EEA without them?
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Labour leasing under scrutinyAs of 31 August 2019, the South Australian Labour Hire Licensing Act 2017 (the Act) will become law. The Act regulates the use of labour leasing arrangements, whereby businesses provide workers to client companies to work within their business. A Professional Employers Organisation would fall within the provisions of the Act. The Act makes it unlawful for an end client to engage the services of an unlicensed provider of labour. The licensing arrangements demand that the applicant company abides by a series of laws and pays an annual licence fee. All licenced business will be listed in a public register. Unlicensed providers of labour are at risk of a $400,000 penalty and/or three years’ imprisonment. The end client will also be subject to a fine of $30,000 for the use of an unlicensed supplier. Currently there is no Federal Australian legislation on the subject, the South Australian legislation comes off the back of Queensland and Victoria implementing similar legislation and it is anticipated other States will follow suit. |
If you would like to discuss how these changes could affect you or your business please contact Stuart Buglass.
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