Personal data will need to be retained for longer in some cases than in others. How long you retain different categories of personal data should be based on individual business needs. A judgement must be made about:
the current and future value of the information;
the costs, risks and liabilities associated with retaining the information; and
the ease or difficulty of making sure it remains accurate and up to date.
There are various legal requirements and professional guidelines about keeping certain kinds of records – such as information needed for income tax and audit purposes, or information on aspects of health and safety. If an organisation keeps personal data to comply with a requirement like this, it will not be considered to have kept the information for longer than necessary.
The CIPD have a great resource regarding HR records which can be found here.
The General Data Protection Regulations (GDPR) will apply in the UK from 25th May 2018.
The government has confirmed that the UK’s decision to leave the EU will not affect their commencement.
They apply to ‘controllers’ and ‘processors’. The controller says how and why personal data is processed and the processor acts on the controller’s behalf. If you are currently subject to the Data Protection Act, it is likely that you will also be subject to the GDPR.
If you are a processor, the GDPR places specific legal obligations on you; for example, you are required to maintain records of personal data and processing activities. You will have significantly more legal liability if you are responsible for a breach. These obligations for processors are a new requirement under the GDPR.
However, if you are a controller, you are not relieved of your obligations where a processor is involved – the GDPR places further obligations on you to ensure your contracts with processors comply with the GDPR.
HMRC has updated its model declaration and help sheet on the fit and proper persons test for individuals who manage charities, etc entitled to UK charity tax reliefs. which is concerned with ensuring that charities are not managed or controlled by individuals who present a risk to the charity’s tax position. The guidance now includes a detailed description of the circumstances in which a charity manager who has used or been involved in the design or promotion of tax avoidance schemes may be deemed not to be fit and proper person.
The Court of Appeal dismissed a defendants’ appeal against an order requiring them to pay 75% of the claimants’ costs of the claim, despite the overall outcome at trial being less advantageous to the claimants than the defendants’ settlement offer.
This shows the risks of prevarication in relation to mediation.
(Thakkar and another v Patel and another  EWCA Civ 117)
The High Court held that an individual appointed as the “shepherd in charge” of the spiritual wellbeing of the congregation of a religious charity was a charity trustee and not an employee and had been validly removed from office by the trustees of the charity.
The Fundraising Regulator (FR) is inviting charities, sector professionals and members of the public to give their opinion on different elements of the development of the Fundraising Preference Service (FPS).
Anyone who registers online to take part in the consultation will receive a brief weekly email from the FR asking for feedback on different aspects of the FPS, ranging from function to appearance.