BEERG/HRPA/C’M’S Online Workshop, Jan 2021
Below are materials from the first day’s C’M’S’/BEERG/HRPA online workshop. There were two presentations:
- The EU’s Social Policy Agenda for the Year Ahead
- Brexit: What Happens Next
Here you can the two presentations as PDFs, along with the two full video files and two audio only files:
The EU’s Social Policy Agenda for the Year Ahead
Brexit: What Happens Next?
EWC Call Dec 1st 2020
Analysis of Spanish Royal Decree 901/2020
Analysis from Sagardoy Abogados, part of the Ius Laboris network, on the recently publish Spanish Royal Decree 901/2020 which imposes an obligation on all companies with more than 50 employees to draw up and negotiate equality plans. English and Spanish language versions:
BREXIT: a EU/UK data border?
As a “third country” the UK falls outside the scope of the General Data Protection Regulation (GDPR), even if the UK has incorporated the GDPR into its domestic legislation. This means that as and from Jan 1 next it could be illegal to transfer personal data from the EU to the UK unless:
- The EU grants the UK a “data adequacy decision”, which would mean that the EU accepts that the UK’s data protection framework is sufficiently robust that it is safe for EU citizens’ personal data to be transferred there.
- In the absence of an adequacy decision, businesses are able to make use of Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs).
However, recent decisions of the Court of Justice of the European Union (CJEU) have put questions marks over both a UK adequacy decision and the use of SSCs and BCRs. Schrems II and Privacy International both touch on the question of widescale security services access to personal data and whether such access is compatible with the GDPR and the Charter of Fundamental Rights.
Despite Brexit the UK economy is, and will remain, deeply integrated with the EU economy. Both are highly dependent on data transfers. There has never been a “data border” between the UK and the EU. The “data economy” was created and grew while the UK was inside the framework of the EU’s Custom Union and Single Market.
- What happens once such a border is created on Jan 1st next and what happens if there is no adequacy decision and/or SCCs and BCRs are also put in doubt?
- What would it mean for business if data transfers were blocked?
We discussed these issues in a BEERG webcast on Monday, October 26. Joining BEERG’s Executive Director Tom Hayes on the call were several BEERG members and guest speakers:
- Nikolaos Theodorakis of Wilson Sonsini Goodrich & Rosati, www.wsgr.com/nikolaos-theodorakis
- Dr Oliver Patel of UCL: www.ucl.ac.uk/oliver-patel
- Lewis Lloyd of the UK’s Institute for Government: www.instituteforgovernment.org.uk/lewis-lloyd
Introduction to Belgian Social Dialogue model (Nov 18, 2020):
Here is an invitation to a program designed to provide participants with a basic understanding of the Belgian Social Dialogue model and a comparison with other models with which they are familiar.
- Wednesday, November 18th, 2020, from 10 am until 11.30 am CET
- In order to facilitate an interactive session, the number of participants will be limited to 12.
From C/M/S Webinar June 24th and July 1st 2020
These 3 newsletters on Coronavirus are from Marco Sideri at Toffoletto Deluca – please note that the dates are important since the situation is developing.
Other notes and links
Friday March 27 – Covid-10 and Data Privacy
Hogan Lowell’s COVID resource center: https://www.hoganlovells.com/en/knowledge/topic-centers/covid-19
From Rubén Agote Eguizábal‘s presentation here are links to updated information by Cuatrecasas for Spain. Also, in the employment blog on the webpage www.cuatrecasas.com you will find updated information and webinars in English, Spanish and German about employment law in COVID-19 crisis in Spain.
About the declaration of the Spanish State of Alarm, updated March 20th https://www.cuatrecasas.com/publications/legal_flash_state_of_alarm_in_spain_legal_consequences_for_businesses_march_2020.html
About the new Spanish Covid-19 Act 8/2020 (March 18th ) https://www.cuatrecasas.com/publications/legal_flash_impact_of_covid19_legislative_changes_royal_decreelaw_82020_legal_consequences_for_businesses.html
From David Hopper, Lewis Silkin LLP: links circulated for the UK (these resources are updating regularly):
- on the UK Government’s new furlough scheme – https://www.lewissilkin.com/en/insights/furloughing-employees-what-does-it-mean-for-employers
- on general Q&As for employers – https://www.lewissilkin.com/en/insights/coronavirus-faqs-for-employers
- on UK data protection issues – https://www.lewissilkin.com/en/insights/covid-19-and-its-implications-for-data-protection-compliance
Also from Chris Engels:
Dr. Gerlind Wisskirchen adds: there is still considerable risk for the employer, but at least the following requirements would have to be met in order not to trigger further risks:
- Proper invitation to the constituent meeting of the SNB by the management as provided by law (section 12 para. 1 of the SEBG).
- Technical implementation of the video conference in such a way that all SNB members (also from abroad) are connected simultaneously, all participants can hear each other’s statements and can react immediately (the possibility of a discussion or discourse must be guaranteed); translators must also be able to participate.
- It must be a video conference and not just a telephone conference.
- Each SNB member must explicitly agree to the meeting in the form of a video conference (this can also be done during the video conference).
- It must be ensured that third parties cannot take note of the content of the SNB meeting (secured line, not ZOOM, Webex, skype!! )
- It must also be ensured that SNB members from abroad can speak the language of the video conference.
The requirements are therefore relatively high. Whether this can be technically implemented at all, we do not know.
Joël Grangé from Flichy Grangé also shared this link to their website (in English), providing for a quick overview of what employers and workers in France need to know about Covid-19, with links to the documentation: https://www.flichygrange.com/coronavirus-in-a-flash.htm
From the Economist magazine: https://www.economist.com/business/2020/03/24/the-coronavirus-crisis-thrusts-corporate-hr-chiefs-into-the-spotlight?