EU: EDPB Adopts “Information Note On GDPR Data Transfers”

By Israel Group on February 24, 2019

The European Data Protection Board (EDPB) last week adopted a paper clarifying the position in relation to data transfers between the EU and UK in the event of a no deal Brexit.

The EDPB confirmed that if the UK exits the EU without a deal, then with effect from 30 March 2019 the UK will be regarded as a “third country” for the purposes of the GDPR and any transfers of personal data from the EU to the UK from that point. The UK will in effect be treated in the same way as other “third countries” (such as India and the US) from that date.

This post summarises the impact of the EDPB’s note and outlines the practical implications and steps which UK businesses may want to consider. In the discussion below, we refer to transfers into and out of the European Economic Area (EEA) rather than the EU because the EEA countries have adopted the GDPR, and the position relating to data transfers will be the same in respect of the three additional EEA countries, as for the core EU countries. Readers may also find it useful to review our previous blog post on the data protection implications of a deal/no deal Brexit which contains our GDPR Brexit flowchart.

Click here to read more.

Posted in Articles

Be Aware UK: Deadline approaches for employers to comply with new payslip requirements for employees and workers

By Israel Group on February 21, 2019

The Government’s achingly slow progress in implementing many of the key recommendations of the Taylor Review means that some of the proposals may be in danger of slipping from many employers’ radars. Indeed, a whole year has passed since the Government published its response to the Taylor Review (which itself was published in July 2017).

Employers should be aware that in that response, as part of its aim to increase ‘transparency of entitlement’, the Government committed to extending the right to receive a payslip to all workers and to require that employers state the hours being paid for on the payslips of all time-paid workers. This proposal had also been recommended by the Low Pay Commission, and accepted by the Government, back in 2016. It took until early 2018, however, to publish the relevant legislation (click here and here) and the changes are now due to come into force on 6 April 2019.

Click here to read the key points of which to be aware from 6 April 2019

Posted in Alert

False Claims Act – Year in Review: 2018

By Israel Group on February 19, 2019

One month into 2019, we can look back on 2018 as a year of shifting enforcement policies and continuing jurisprudential uncertainty in the wake of Escobar.

In 2018, False Claims Act (FCA) recoveries by the Department of Justice totaled $2.8 billion – a considerable decrease in recoveries from the more than $3.4 billion in total recoveries in 2017 and the more than $4.9 billion in total recoveries in 2016.

Industry-specific data reflect recoveries holding steady for the healthcare industry, while recoveries in cases involving the defense industry were cut in half. Recoveries for all non-healthcare and non-defense industries dropped even further.

The most significant developments for FCA defendants in 2018 came from the DOJ, which announced three shifts in policy favorable to potential FCA defendants. And there were significant jurisprudential developments as well. We address these developments, as well as high-profile FCA cases and emerging trends to watch in 2019, in our latest handbook.

Read the handbook

Posted in Alert

Sharpen your pencils: California AG’s Office announces start of its important CCPA pre-rulemaking, schedule for its important CCPA rules

By Israel Group on February 18, 2019

Businesses have until March 8 to file comments in an important pre-rulemaking proceeding for a critical California AG rulemaking that will clarify the requirements of the CCPA. The California AG will most likely not enforce the CCPA privacy requirements until July 1, 2020.

As we have written before, the CCPA is both a landmark privacy law and a work in progress. The law requires the California Attorney General’s Office to conduct a rulemaking on several issues and ties the date on which its privacy provisions can be enforced to six months after the completion of that rulemaking.

The AG’s Office may also choose to address other issues in its rulemaking. Because the CCPA is littered with drafting errors and confusing definitions of key terms, this AG rulemaking is extremely important.

Learn more

Posted in Accelerate

Growing your global workforce through contractors

By Israel Group on February 14, 2019

By Yana Zubareva

“If you can’t figure out the employee thing, just hire an independent contractor.” This is a common refrain for companies looking to expand into other countries. While hiring a contractor may seem like a quick and easy way to get an individual on the ground, failing to structure and document the contract properly can create issues that could come back to haunt your company.

This article provides an overview of some of the key issues to consider when engaging contractors outside the US.

Click here to read more.

Posted in Event

Israel Real Estate Summit 2019

By Israel Group on February 14, 2019

Our 7th Annual Israel Real Estate Summit will be on 3 April 2019. Attending will be major Israeli institutions active in the global real estate markets, leading real estate professionals from around the world and DLA Piper partners from the profiled regions. Register your interest on the website now!

Posted in Articles

California Consumer Privacy Act: what’s new for retailers?

By Israel Group on February 7, 2019

By Carol A. F. Umhoefer, Jim Halpert, Jennifer M. Kashatus and Andrew A. Kingman

The California Consumer Privacy Act (CCPA), adopted last summer, brings to California residents GDPR-like privacy rights, such as rights of access, information and deletion, and institutes statutory damage class actions for most data security breaches.

Click here to read the full article.

Posted in Articles

Addressing Health and Safety Issues for US-based Remote Employees

By Israel Group on February 4, 2019

A review of various health and safety issues employers must consider when engaging remote working arrangements.

Issues include Workers’ Compensation, Occupational Safety and Health Act (“OSHA”) and Benefits. To read the full post on The Labor Dish, click here.

Posted in Accelerate

Accelerate is DLA Piper’s dedicated online resource for entrepreneurs

By Israel Group on January 30, 2019

Through Accelerate, we provide #entrepreneurs with easy to read materials that clearly explain key legal and business issues every founder of a company should know. Follow DLA Piper Accelerate for insights and resources to help accelerate your company’s formation, growth and expansion.