AUGUST 2019 – ARTICLES & ITEMS OF INTEREST

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AUGUST 2019 – ARTICLES & ITEMS OF INTEREST

AUGUST 2019 – ARTICLES & ITEMS OF INTEREST

 

PARENTAL LEAVE (AMENDMENT) ACT 2019

The Parental Leave (Amendment) Act 2019 SI No. 11 of 2019 came into operation on the 19thJuly 2019.

 

To view the Parental Leave (Amendment) Act 2019 (Commencement) Order 2019 see http://www.irishstatutebook.ie/eli/2019/si/356/made/en/print

 

 

NEW PARENTAL LEAVE LEGISLATION AND EMPLOYERS

In the summer edition of the Parchment, Louise O’Byrne and Helen Webb set out the new parental entitlement’s employers will have to provide and some of the factors to take into account when considering what family benefits to offer employees.

 

The Article discusses the Parental Leave (Amendment) Act 2019 and how employers need to update their parental leave policies and put in place a process for keeping parental leave records which must be retained for 12 years. The employee’s entitlement cannot be denied but can be postponed in circumstances where it would adversely affect the business.

 

The Article also discusses Parental Leave and Benefit Bill 2019 relating to the leave taken within 52 weeks of the birth or placement for adoption which they refer to as “baby leave”.

 

They state “Employers should start to consider how they can prepare for baby leave.  A process for keeping records will need to be set up, new policies and notification procedures may need to be prepared and an analysis of whether cover will be required if parents take baby leave.”

 

They also state by creating a culture which recognises and respects that employees have full lives outside of work means you attract top prospective talent particularly with millennials who prioritise flexibility and social responsibility from their employers.

 

To view this article in full see https://issuu.com/256media/docs/parchment_summer_2019-flipbook?fr=sMGQ5YzE1MTY1NA

 

PwC FINED €150k FOR PROCESSING EMPLOYEES PERSONAL DATA USING CONSENT AS THE LEGAL BASIS

PwC were fined €150,000 by the Hellenic Data Protection Authority.  In this case the DPA was investigating a complaint regarding the processing of personal data of employees at PwC where employees were required to give consent to the processing of their data.  It was deemed consent was not freely given in accordance with Article 7 paragraph 4 of the GDPR due to the clear imbalance between an employer and employee in an employment situation.

The DPC found PwC had unlawfully processed the personal data of its employees and also had unfairly and non-transparently processed the personal data giving them the false impression it was being processed under the legal basis of consent when in fact it was being processed under a different legal basis that employees had not been informed about therefore they were found to be in breach of the principle of transparency under Article 5 GDPR and in breach of their obligation to provide information pursuant to Article 13,14 GDPR.

Employers should check that existing policies, controls, procedures and contracts do not rely on consent as the legal basis for processing employee personal data.

For related articles on this see https://cloudprivacycheck.eu/latest-news/article/EUR-150000-gdpr-fine-imposed-on-pwc-by-greek-data-protection-authority-for-being-not-accountable/

and https://gdpr.report/news/2019/07/31/pwc-fined-e150000-by-greek-data-protection-authority/

 

QUICK GUIDE TO GDPR BREACH NOTIFICATIONS

The Data Protection Commission has issued a Quick Guide to GDPR Breach Notifications issued August 2019.

 

The quick guide has been published to help controllers understand their obligations regarding the notification of any personal data breach to the DPC and the communication of the breach to data subjects, where applicable.

 

To view this guide see https://www.dataprotection.ie/sites/default/files/uploads/2019-08/190812%20GDPR%20Breach%20Notification%20Quick%20Guide.pdf

 

 

 

SUCCESSION PLANNING

In the summer edition of the Parchment, Sandra Meade and Robert Burns look at Succession Planning for Businesses and the options available to individuals looking to sell their business or retire.

 

They say it is advisable for a taxpayer who owns a business to start planning his or her exit from work at least 10 years before actual retirement.

 

They set out and discuss some of the traditional options for exit namely (1) Transfer to a family member (2) Management Buy Out (3) Open Market Sale (4) Liquidation.

 

To view this article in full see https://issuu.com/256media/docs/parchment_summer_2019-flipbook?fr=sMGQ5YzE1MTY1NA