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Legal professional privilege and the Data Protection Act 2018

A finger print being taken

GDPR, the mammoth new data protection regulation, came into force across the EU in May this year. Alongside it, the Data Protection Act 2018 was passed by the UK Parliament, replacing the DPA 1998 and giving the UK a single source of data protection legislation.

Designed to be read alongside GDPR, the DPA added to the bits of law that GDPR does not cover and expanded on the areas the UK chose to opt-out from or amend. One of these key areas is legal professional privilege. Legal professional privilege is a fundamental human right which allows clients to have open conversations with their lawyers in order to allow lawyers to provide their clients with the best service.

While the GDPR does not include any provisions for legal professional privilege, the DPA 2018 clearly stipulates that the provisions of the act do not apply to personal data that consists of information in respect of which a claim to legal professional privilege could be maintained. This could refer to legal professional privilege in legal proceedings or information in respect of which a duty of confidentiality is owed by a professional legal advisor to a client of the advisor.

Due to these changes, and what they mean for GDPR rights such as subject access requests, VinciWorks has produced a comprehensive guide to the DPA and legal professional privilege, in addition to our in-depth webinar on the Data Protection Act 2018.

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8 min read

US sanctions on Iran – avoiding sanctions chaos

Flags of Iran and USA painted on broken wall

What Sanctions Have the US Imposed on Iran?

On Monday August 6, the US reimposed the first round of trade sanctions against Iran that had been suspended following the 2015 international nuclear agreement (Iran Deal). The sanctions officially ‘snapped back’ at one minute past midnight on Tuesday.

The reimposition of sanctions means Iran is prohibited from using US dollars in the global market. US trade in Iranian cars and Iranian metals are banned. Furthermore, permits allowing the import of everyday goods from Iran to the US, from Persian rugs to pistachios, have been revoked. Iranian companies can no longer even get a license to buy US-made commercial aircraft parts.

Modern Slavery Act prosecutions are up – but whose job is it to enforce the Act?

Construction worker

Last week, the Crown Prosecution Service published its first report into Modern day slavery following the introduction of the Modern Slavery Act in 2015. The report showed that there was a 27% increase in the number of suspects charged with slavery offences in 2017/18 compared with the previous year. Referrals of modern slavery allegations have also risen to their highest level and the number of prosecutions is on the increase too.

Awareness increasing

These are all positive signs that the Modern Slavery Act which was introduced in 2015 is beginning to have an effect on ending the scourge of people trafficking, domestic servitude and prostitution. However, a BBC programme, The Prosecutors: Modern Day Slavery, highlighted the ongoing difficulty of actually bringing the perpetrators of these crimes to justice. One of the reasons is the method of spotting and reporting incidents of slavery.

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3 min read

New online sanctions course release – Sanctions: Know Your Transaction

New interactive sanctions training

The Sanctions and Anti-Money Laundering Act 2018 will ensure the UK is able to implement international sanctions post-Brexit. To help organisations comply, VinciWorks has released a brand new scenario based training course, Sanctions: Know Your Transaction. Following the success of our anti-bribery and anti-money laundering training, this course drops users into a set of immersive scenarios to test their knowledge, understanding and ability to comply with new the sanctions law.

Sanctions: Know Your Transaction screenshot

Free demo

How the #MeToo movement brought to light the issue of sexual harassment

Screenshot of the first #MeToo tweet

What incident started the MeToo movement?

The #MeToo movement started off with a simple tweet on Sunday night, October 15th 2017, by activist and actress Alyssa Milano. Lying in bed next to her daughter, she saw a post by a friend online saying, “If all the women who have been sexually harassed or assaulted wrote ‘Me too’ as a status, we might give people a sense of the magnitude of the problem”. No one could have predicted the light a single match in the dark would create when Mrs. Milano tweeted it. By the time she awoke Monday morning the tweet had garnered over 30,000 replies and by Monday evening it had surpassed 53,000 comments, including stories from other celebrities, women and men alike.

Corporate gifts and donations: when to say no thank you

A brief guide to avoiding bribery

Gifts and donations are often a part of business, whether it is cultural norms or celebrating a completed negotiation. However, there are certain instances in which it is important to be vigilant of the circumstances behind donations as they may be attempts to bribe. here is a short guide to spotting potential red flags and avoiding bribery.

Charitable or political donations can be viewed as attempts of bribery if there is something unusual about the inherent qualities or timing of the donation. Bribery is not always a mutual arrangement and it may not be known to the donee if there is a bribe occurring. When receiving gifts and donations it is important to be vigilant as some types may be seen as improper.

On-demand GDPR webinar – Understanding the Data Protection Act 2018

On 25 May 2018 the long-awaited GDPR came into force across the EU. On the same day, the UK’s Data Protection Act 2018 also became law. While the DPA 2018 incorporates large chunks of GDPR wholesale, it also carved out some specific exemptions that UK businesses need to know about.

On-demand GDPR Webinar – UK’s Data Protection Act 2018

In our webinar on understanding the Data Protection Act 2018, VinciWorks’ GDPR experts Nick Henderson and Gary Yantin explored the newly enacted DPA 2018 and the key differences and derogations from GDPR you need to know about. These include:

The interconnected relationship between GDPR and the DPA
The powers and role of the ICO
How Brexit will affect data protection law
Using automated decision making and customer profiling
How to process criminal offence data in the UK
The new criminal offences in the UK

Watch now

Prepare for GDPR – free on-demand GDPR webinars

Over the weeks leading up to the General Data Protection Regulation (GDPR) coming into force, VinciWorks has hosted a number of webinars on the topic, answering hundreds of questions in the process. You can get instant access to all our GDPR webinar recordings by clicking on the links below.

Understanding the Data Protection Act 2018

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Full-day GDPR webinar

On 24 May, the day prior to GDPR coming into force, VinciWorks hosted a full-day webinar including live Q&As, interviews with GDPR experts and helpful advice on complying with the new regulation.

Watch full webcast

GDPR – Data Protection Impact Assessments

During this webinar, Nick guided listeners through the process of conducting a DPIA. He also answered questions on the topic of DPIAs and gave guidance on next steps to those who have already begun the process.

Watch webinar

How to use the consolidated sanctions list

What is the consolidated sanctions list?

The consolidated list is a list of financial sanctions targets in the United Kingdom. If you are doing business with an individual or company associated with a person on this list, even if it is just a target match, you must report it to the Office of Financial Sanctions Implementation (OFSI). The guidance given in this blog has been taken from VinciWorks’ e-learning course on sanctions regulations.

What is a target match?

A target match occurs when the individual in question matches information that is included on the consolidated list. This means there is either a name match, close name match, similar date of birth, or other information that may lead you to conclude the individual and person on the list are the same. When in doubt, you can contact the OFSI for assistance.

The human resources guide to employee data protection regulations

Now that GDPR (General Data Protection Regulation) day has passed, the role of human resources officers within an organization has become even more significant. With the new regulations now in place, it is important for individuals working in HR to be aware of the new laws and standards in place for employee data protection in your area. VinciWorks’ guide to GDPR compliance for human resources staff will give you a clearer understanding and general knowledge of what is required.