Muklesur Bharuya

The Data Protection Act 2018 (c. 12) is a United Kingdom Act of Parliament which updates data protection laws in the UK. It is a national law which complements the European Union's General Data Protection Regulation (GDPR) and replaces the Data Protection Act 1998. https://lnkd.in/e9X7XTnd When it comes to data protection within a solicitors’ company, understanding the relevant regulations and best practices is crucial. Here are some key points to consider: GDPR and DPA Guidance for Solicitors: The EU General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018 (DPA) apply to solicitors and law firms. Solicitors are data controllers of their clients’ personal data, which means they have legal responsibilities regarding how this data is processed. Law firm data protection leads should also consider the management of personal data beyond the solicitor-client relationship. Key Responsibilities for Solicitors: As a solicitor, you’ll mostly be a controller of data, not a processor. Your responsibilities include: Processing personal data lawfully and fairly in line with data protection principles. Ensuring data processing protects the data subjects (individuals) involved. Types of Personal Data Held by Solicitors: Solicitors hold various types of personal data, including: Employee data: Information related to employees working within the firm. Client data: Information about clients and their legal matters. Third-party data: Data related to individuals connected to clients or legal cases. Compliance Measures: Solicitors should: Obtain informed consent when collecting and processing personal data. Implement appropriate security measures to protect data. Maintain accurate records of data processing activities. Be aware of data subject rights, such as the right to access and rectify personal data. Training and Awareness: Solicitors and law firm staff should receive regular training on data protection. Awareness of data protection principles helps prevent breaches and ensures compliance. Dealing with the ICO: The Information Commissioner’s Office (ICO) is the UK data protection regulator. Solicitors should know how to handle any data breaches and report them to the ICO if necessary. https://lnkd.in/eQZ7USts Paragraph 6.3 of the Code of Conduct for Solicitors, RELs and RFLs and of the Code of Conduct for Firms (referred to collectively as ("the Codes") requires you to keep the affairs of current and former clients confidential unless disclosure is required or permitted by law or the client consents. This duty of confidentiality exists as an obligation under both common law and data protection legislation as well as being one of the core professional principles set out in section 1(3)(e) of the Legal Services Act 2007 and professional standards in our Codes.

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📊 THE OSBORNE SALARY SURVEY IS HERE!! ✔ ---> https://lnkd.in/euxNSuvg <--- Check out how your industry sector is remunerating in 2024. Is your company paying enough to attract and keep the best talent? Could a move make a positive difference to you? #SalarySurvey #PayRates #MarketRate #IrishJobs #KnowYourWorth #MarketInsights Osborne - Recruitment Consultancy

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Employers can ensure GDPR compliance by clearly communicating data protection policies through regular training sessions, accessible policy documents, and interactive workshops. *Tip:* Regularly update and reinforce data protection training for employees to ensure they understand and comply with GDPR requirements effectively. #supportsmallbusiness #legaladvice #businesssupport #smallbusiness #confidentiality #businessmanagement #antimoneylaundering #aml #briberypolicies

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As the UK General Election approaches, the potential changes to employment law under Labour’s "New Deal for Working People" are significant. Here's a quick overview of what might be coming and how CML People Solutions can help you stay ahead of the curve! How CML People Solutions Can Help: We understand that navigating these changes can be daunting. Our expert team is here to support you every step of the way. 🔍 Risk Mitigation: We help you enhance recruitment processes, use probationary periods effectively, and ensure fair dismissal processes. 📄 Contract Reviews: We assist in reviewing and updating employment contracts to comply with new laws. 👥 Training: We provide training for managers on performance management and fair treatment. 💼 Consultation: Our experts offer tailored advice and solutions to help you adapt to new regulations seamlessly. Don't wait until the last minute! Prepare your business now to ensure compliance and foster a positive working environment. Contact us today to arrange a free discovery call and see how we can help your business thrive amidst these changes. 📞 Get in touch with CML People Solutions today!📞 #UKGeneralElection #LabourNewDeal #EmploymentLaw #HR #BusinessSolutions #CMLPeopleSolutions #FutureOfWork #EmployeeRights #HRConsulting #BusinessPreparedness

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Stage 1: Application: - Apply for divorce or civil partnership dissolution alone or together. - Application filed online or via paper. - Pay £593 application fee. - Sole applicant serves documents on spouse/civil partner. Stage 2: Application Service: - Court serves application on respondent in England/Wales. - Service by email or post. - If undeliverable, applicant arranges alternative service. - Joint applicants complete application together. Stage 3: Responding: - Respondent(s) complete acknowledgment of service within 14 days. - Sole respondent needs court permission for own application. Stage 4: Conditional Order: - Apply for conditional order 20 weeks after application. - Joint applicants can apply separately. - Conditional order made if entitlement confirmed. Stage 5: Final Order: - Apply for final order six weeks after conditional order. - Joint applicants can apply separately. - Giving notice makes applicant sole, other becomes respondent. WorkPermitCloudLawyers #sponsorlicence #ukimmigration #sponsorlicenceapplication #skilledworkersponsor #skilledworkerroute #uksponsor #lawyers

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Joint online webinar from #CRL and #CILEX. Don't miss this important opportunity to advance your career and gain valuable insight. #practicerights #lawfirms CILEX

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This article from 43Legal discusses some important issues around ICO data protection and enforcement including the difference between an enforcement notice and a reprimand. If you fail to comply with a reprimand it could result in a fine of up to £17.5 million or four per cent of the organisations annual worldwide turnover in the preceding year, whichever is the highest. Also it’s worth noting that if you have a project that is processing personal data the requirement to conduct a DPIA and it might also be worth checking any direct marketing practices you undertake, and whether these are compliant so as to avoid any issues cropping up with the ICO. #sme #legal #help

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Don’t miss the chance to gain recognition for the outstanding contribution you or your firm make to the legal landscape.  You have until midnight on 17 June to register your interest and submit your entries.  👉 https://lnkd.in/eiFeksHb Have you entered yet?  #ParalegalAwards #LegalProfession #CILEX #RegisterNow #CelebrateExcellence

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A High Court appeal has dismissed a challenge to a licensing authority’s use of remote hearings. The case involved a challenge to the use of video conferencing technology for a licensing hearing. In this article, we delve into this ruling and provide an overview of the case and its implications for licensing authorities and those involved in licensing hearings. Read more here: https://lnkd.in/eadpQUaE #Licensing #HighCourt

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Learning from IBBI Disciplinary Orders against Insolvency Professionals As a passionate follower of insolvency law, enhance your knowledge with a physical copy of the Insolvency Journal right on your desk. Subscribe now and get a copy of Sept Edition also: https://lnkd.in/eqAB9maW #ibclaws #ibc #insolvency #bankruptcy #law #legal Insolvency & Bankruptcy Board of India (IBBI) #ibbi #ip #disciplinary #orders

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New in JUST. Ready to invest in AI but unsure of where to invest or allocate resources? Tali Green offers her top tips for lawyers on how to find the tools that will alleviate pain-points, increase revenue, and make your team happier and more productive.

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As a trusted law firm knowledge hub, we understand the importance of robust compliance measures.  Here’s how we can assist: ⭐ Independent Audits: Ensure adherence to AML 2017 Regulation 21. ⭐ Tailored Training Programmes: Equip staff with necessary compliance knowledge at all levels. ⭐ File Reviews and Auditing: Identify areas for improvement and offer practical solutions. Learn more about how we deliver monthly compliance reports: https://bit.ly/3R4A3Qc #legal #compliance #lawfirms

What is a tort? There will be plenty of analysis today on the new statutory tort of serious invasion of privacy. Privacy lawyers like me will be getting overexcited about the news, following as it does a mere 18 years after the 2006 ABC case that opened the door for a common law tort and 10 years since the ALRC recommended a statutory tort. But most clients, quite understandably, don't share my enthusiasm. They care about what it means for them. For those new to torts, a tort is a legal wrong which one person or entity commits against another person or entity and for which the usual remedy is an award of damages. The ALRC's model which is expected to be followed, considers that the invasion of privacy must be either by intrusion into seclusion, or by misuse of private information. How these 2 are defined will be key. It must be proved that the plaintiff would have had a reasonable expectation of privacy, the invasion was committed intentionally or recklessly, it must be serious, need not cause actual damage and the court must be satisfied that the public interest in privacy outweighs any countervailing public interests. Civil remedies include damages, including for emotional distress and, in exceptional circumstances, exemplary damages, an account of profits, injunctions, delivery up, destruction and removal of material, correction and apology orders, and declarations. The key questions for organisations will be about consent. What private information are you collecting and using? Do you have the right consent in place? Have you ignored advice in the past about your data practices and continued to turn a blind eye to questionable data practices? If so, you're in the territory of being reckless. Nobody wants to be the test case for this new tort. Organisations would be well advised to take stock of their practices. (PS - not to be confused with a torte)

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What are the key rules about exclusion clauses from the Unfair Contract Terms Act 1977? The Act gives the courts considerable power to control exclusion clauses. UCTA deals with business-to-business contracts only; therefore, consumer contracts are excluded from this statute. Section 2 of UCTA states that clauses which exempt liability for negligence must pass the reasonableness test. Section 3 states that clauses which exempt liability for breach of contract must be subject to the reasonableness test. Section 11 of the UCTA is the reasonableness test. At SimpleStudying, we have all the simplified and condensed study materials in contract law to help you get a first class. Subscribe now! https://loom.ly/TYF6ni4 #LegalEducation #LLB #GDL #LPC #LLM #law #lawstudent #firstclasslawdegree #firstclass #exams #contract #simplestudying #exclusionclause #reasonableness #lawschool

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Change is in the air for senior legal recruitment. In 2024, we're witnessing a revitalising commitment to gender diversity in the Middle East. This is not just a fleeting trend—firms and organisations are backing up their words with action and seeking out women for top legal positions. The move towards a gender-balanced leadership is a strategic necessity. Evidence suggests firms with diverse leadership outperform their peers, and we're seeing this play out in the legal sector. 🔎𝐓𝐡𝐚𝐭 𝐢𝐬 𝐰𝐡𝐲 𝐰𝐞 𝐚𝐫𝐞 𝐞𝐱𝐜𝐢𝐭𝐞𝐝 𝐭𝐨 𝐛𝐫𝐢𝐧𝐠 𝐨𝐮𝐫 𝐖𝐨𝐦𝐞𝐧 𝐢𝐧 𝐋𝐚𝐰 𝐒𝐞𝐫𝐢𝐞𝐬 𝐭𝐨 𝐭𝐡𝐞 𝐌𝐢𝐝𝐝𝐥𝐞 𝐄𝐚𝐬𝐭 𝐚𝐧𝐝 𝐀𝐏𝐀𝐂. 𝐖𝐞 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐬𝐡𝐢𝐧𝐢𝐧𝐠 𝐚 𝐥𝐢𝐠𝐡𝐭 𝐨𝐧 𝐭𝐡𝐞 𝐰𝐨𝐦𝐞𝐧 𝐥𝐞𝐚𝐝𝐢𝐧𝐠 𝐭𝐡𝐞 𝐜𝐡𝐚𝐫𝐠𝐞, 𝐨𝐯𝐞𝐫𝐜𝐨𝐦𝐢𝐧𝐠 𝐨𝐛𝐬𝐭𝐚𝐜𝐥𝐞𝐬, 𝐚𝐧𝐝 𝐫𝐚𝐢𝐬𝐢𝐧𝐠 𝐭𝐡𝐞 𝐛𝐚𝐫 𝐢𝐧 𝐭𝐡𝐞 𝐥𝐞𝐠𝐚𝐥 𝐫𝐞𝐚𝐥𝐦. 🌟 Are you a trailblazing female legal leader in the region? We would love to hear from you and share your story. Please contact me to learn more! #WomenInLaw #LegalRecruitment #GenderDiversity #middleeast #APAC

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