by Lorraine Tan, 25 Mar 2022 Introduction: The GDPR, or General Data Protection Regulation, is a regulation on data privacy and protection in the European Union. When it went into effect in May 2018, it was directly legally binding on all EU member states. Now that Britain has officially left the EU, does the GDPR still apply in the UK? What are the relevant changes in data protection law in our jurisdiction? EU-GDPR: Before the GDPR, the EU relied on Article 8 of the ECHR (the right to respect for private and family life) for data protection, but realised there were inconsistencies in the implementation of relevant guidelines across member states. The GDPR was drafted to overcome the unnecessary restrictions on cross-border data flows and to create a centralised system of legislation. Article 5 of the EU-GDPR outlines 7 key data protection principles, including: (1) Lawfulness, fairness and transparency, (2) Purpose limitation (organisations should only collect data for legitimate purposes), (3) Data minimisation (only process data necessary for the purpose), (4) Accuracy (individuals have the right to request erasure of inaccurate data), (5) Storage limitation (deleting data after it is no longer needed for its intended purpose), (6) Integrity and confidentiality, (7) Accountability (organisations providing documentation/proof of compliance). Article 6 of the EU-GDPR states 6 legal grounds for data processing, including: (1) Consent given by data subject, (2) Performance of a contract, (3) Compliance with a legal obligation (e.g. testifying in court), (4) Protecting the vital interests of a person in instances such as a medical emergency (5) Performance of a task in the interest of the public (e.g. safeguard public health/security), (6) For any other legitimate interest. UK-GDPR: Following Brexit in 2020, the EU-GDPR no longer applies in the UK. However, the House of Commons modified existing domestic data protection laws by merging EU-GDPR regulations with the Data Protection Act 2018, creating the UK-GDPR which came into effect on 1 Jan 2021. Its content and language is largely identical to the EU-GDPR. However, it is governed and enforced by UK agencies. EU authorities cannot hold the UK accountable for any violations. The UK-GDPR may be subject to change by the UK Parliament in the future. It is expected that UK authorities will review the UK-GDPR and change certain regulations. For example, the UK’s ICO (Information Commissioner’s Office) has proposed that instead of requiring individuals to select “I agree” on cookie pop-ups every time they visit a website, they should be able to select a long-term privacy preference on their computers for data collection. Impact of the transfer on businesses based in the UK: Data can still be transferred easily between the EU and the UK. Data can also be transferred to third countries (countries outside the EU) if the country is considered to have appropriate data safeguards in place. In addition, UK businesses must appoint an EU representative dealing with EU data matters if: (1) they are monitoring the behaviour of EU residents, or (2) they don’t have a branch/office in the EU. Any violations of the UK-GDPR so far? A man who used his Amazon Ring doorbell system to capture data of his neighbour was fined under the UK-GDPR. In response, Amazon issued a statement calling for buyers to “respect their neighbours’ privacy and comply with any applicable laws”. References: https://www.infosecurity-magazine.com/blogs/uk-gdpr-brexit-need-to-know/ https://www.itgovernance.eu/blog/en/the-gdpr-understanding-the-6-data-protection-principles https://www.theguardian.com/technology/2021/aug/26/uk-to-overhaul-privacy-rules-in-post-brexit-departure-from-gdpr https://gdpr-info.eu/art-6-gdpr/ https://www.webhosting.uk.com/blog/15-essential-facts-about-general-data-protection-regulation-gdpr/
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2/14/2022 0 Comments the a-z of getting work experienceBy Aida, 15 Feb 2022 HOW THESE THINGS WILL CHANGE THE WAY YOU APPROACH GETTING WORK EXPERIENCE What is work experience? Well to begin with it is an experience and you will leave with more than you entered with. It’s a wonderful method to learn about the company and the industry you’ll be working in; not only you will be able to get immediate answers to your questions, but you’ll also be able to make lifelong relationships/connections with people who may employ you in the future. ________________________________________________________________________________________________________________________________________________________ Remember that firms invest time and money into making this the greatest experience possible for you, so it’s critical that you get and make the most out of it. And if you don’t like the job, don’t worry, everyone will have a different experience to yours , this will help you realize what you do and don’t like and where to not look for a job in the future. Remember that nothing looks as easy as it seems. It is really important that you put time and effort into looking for opportunities. Be proactive as well, the more consistent you are , the more likely you are to find something better that you were hoping to find to begin with. And if you do get rejected - rejection is redirection and don’t give up on the first try! ________________________________________________________________________________________________________________________________________________________ EXPERIENCE IN BUSINESS There are a lot of work experience programmes out there, but they aren't always advertised or easy to find, which is why it's important to do some research at the start of the academic year and during the summer to sign up for websites or company career pages that will notify you when something opens up. One thing you should avoid is limiting your research to the most well-known work experience companies such as the BIG 4 and the magic law firm circle especially if this is your first time trying to find an opportunity. Mostly because they receive a large number of applications, making it extremely competitive, and they frequently close the application portal before the deadline. So, before you start looking for opportunities on the internet, why not tap into your network and contacts, such as friends and family members who may already be working in that field or know someone who is, or teachers? ________________________________________________________________________________________________________________________________________________________ If that doesn't work out, start connecting with people who work at the company you want to intern at or in the field on LinkedIN, send them a professional message greeting them and asking them relevant questions such as “how did you get into this position”, but make sure you have a clear idea of their job position and what they do first, you'll find all of that information on their profiles. You must also ensure that your LinkedIn profile is appealing. You want to attract the top professionals to join your team. You'll also want to be seen as someone who keeps up with the company's news, so follow them on Instagram and Twitter. I recommend contacting the company directly by phone or email to find the opportunity. With this , it is very important to email the right team and attach a cover letter that covers the following three key points:
The same thing goes for when you are contacting the company by telephone. If they say they have nothing at the moment, ask them when they are expecting to have something and call them back around that date, sometimes they take the initiative to get your name and phone number to contact you back. ________________________________________________________________________________________________________________________________________________________ WHERE TO START? One way to begin the process is to attend a webinar or insight events . In that case, Young Professionals should be your best friends. They helped thousands of students learn more about the industry they want to enter and helped them gain work experience in top companies. They host lots of events every week and all you need to do is sign up to their network, very quick and easy! Next thing, download LinkedIN. What are you waiting for? This will open up a whole new perspective on the work of work for you and it’s free! Other websites l recommend are: RateMyApprenticeships - they have a great research engine incorporated into their websites. Prospects - will give you an idea of the different careers out there. Work experience programmes Top business firms offering work experience this year Ernst & Young (EY) BIG 4 FIRM Smart Futures Programme HSBC BANK -WORK EXPERIENCE PLACEMENT BANKING WORK EXPERIENCE PROGRAMMES ( Morgan stanley, Credit Suisse...) 2/14/2022 0 Comments The theranos trialBy Lorraine Tan, 14 Feb 2022 1. Introduction Elizabeth Holmes was the CEO of Theranos, which was valued at $9bn and was considered Silicon Valley’s most promising healthcare startup in the 2010s. However, in 2015, it was found that Theranos’ technology was unreliable and fake. The company’s involvement in multiple scandals led to its eventual bankruptcy and Holmes’ criminal convictions. 2. Background In 2004, Elizabeth Holmes, an engineering student, dropped out of Stanford to start her own healthcare company, Theranos. Citing her childhood fear of needles, she wanted to revolutionise the medical testing industry. She and her business partner, Mr Balwani, aimed to develop a patch that could test for the presence of multiple diseases, including different cancers and diabetes, with just a few drops of blood. Although her Stanford professors told her that her goal was scientifically impossible to achieve, she continued to engage in research, clinical testing and advertising for the patch. Holmes and Balwani soon realised that inventing the testing patch was unfeasible, so they attempted to develop other blood testing methods that did not require large needles and tubes, unfortunately without success. However, despite knowing about these problems, they refused to admit the failures of their product. Using false clinical data, Holmes boasted her “successes” externally in TedTalks, and to potential investors. She managed to attract high profile investors, such as Larry Ellison, Rupert Murdoch, Tim Draper and George Schultz, raising a total of $945 million on the promise of huge returns in the near future. 3. Development Holmes never resolved the technical issues in her products, but continued to falsify trial results. She claimed her tests were 95% accurate when they were only 65-80% accurate. In her presentations to potential investors, she explicitly announced that Theranos had formed partnerships with various big-name healthcare companies including Pfizer, which was untrue. She said Theranos “did not buy any analyzers from third parties”, which was also untrue. Theranos also signed deals with North America’s largest chain stores (Safeway and Walgreens), agreeing to provide cheap, quick and convenient blood testing at a medical space in each of their branches. The blood testing services Theranos offered were conducted using commercially available and unreliable machines that Holmes called “the Edison”. Eventually, in 2015, the Wall Street Journal, ex-employees of Theranos, doctors and patients who were mystified by the odd health data produced, uncovered the company’s lies and gave way to further investigation. 4. Charges In 2018, Theranos was dissolved, and Holmes was arrested on 11 criminal charges of wire fraud and conspiracy to commit wire fraud. 5. Requirements for wire fraud in the US (a) The defendant participated in a plan to defraud or obtain money by fraudulent pretences (b) The statements made were material (c) The defendant acted with the intent to defraud (d) The defendant used wire communication (electronic transmission e.g. emailing, calling) to carry out the scheme 6. Outcome In January 2022, Holmes was convicted on 3 counts of wire fraud and 1 count of conspiracy to commit wire fraud. The jury did not question her belief that her technology and business would eventually succeed, but the good faith defence did not apply in this case, hence she was deemed guilty of defrauding investors. However, the jury found her not guilty of defrauding patients because they claimed there were too many intermediaries between Theranos and patients in order to link the fraudulent events beyond reasonable doubt. Holmes will remain free on bail until September this year. At the time of writing (January 2022), it is unclear how long her prison sentence will be. 7. References https://youtu.be/Wsd6WoKWW2g https://youtu.be/7SPY9098mQs https://www.bbc.co.uk/news/business-58336998 https://www.natlawreview.com/article/trial-recap-us-v-elizabeth-holmes-podcast Elizabeth Holmes pictured above.
2/1/2022 0 Comments An introduction to journey2lawHello and welcome to our blog: Journey2Law! Journey2Law is a platform founded by a student for students. Our founder, Basma El Hayani, is currently an Undergraduate Student studying International Politics and Sociology, keen to pursue a career in law and technology - 'legal tech'. Basma launched this initiative in hopes to inspire and help young students who do not have the opportunity to gain an insight into various careers. This initiative will provide students with work experience opportunities, events with top employers in their industry, competitions and much more. It’ll also be a place where they can increase their commercial awareness and read about the latest news, debates and affairs & that’s where the articles come in! We have a team of students interested in various careers including, law, technology, politics, business and engineering. They'll be sharing tips on how to secure top work experience and internship placements, current affairs and news as well as further career prospects. Journey2Law will also be hosting numerous events with law firms, chambers, technological companies and more, including, Clifford Chance, Travers Smith, IBM and Atos. This will give prospective students an insight into the sector and career they'd like to pursue. Our first event will soon go live, follow our Instagram: @journey2law_ for updates and subscribe to our newsletter to be the first to know about our updates, competitions and more exclusive content! Thank you for all of the support on behalf of our Journey2Law team. Keep sharing and spreading our platform to your teachers, friends and family! Journey2Law INSTAGRAM: @journey2law_ |