Russia: double burden data protection

The GDPR applies to the entities having establishments within the EU, as well as to those that do not have a physical presence in the EU where their processing activities, either as a data controller or processor, are related to the ofering of goods or services to data subjects in the EU, or to the monitoring of data subjects’ behaviour taking place within the EU….

Mexico: New labour courts

In Mexico, a new labour law came into force at the end of February 2017, which will transform the labour court system and procedures. The Federal Congress and State Legislatures now have a transitional period lasting until February 2018 to make the necessary legal adjustments to implement the changes. All types of labour and employment disputes used to be dealt with by the labour boards,…

Sweden: Midwife case now at European Court of Human Rights

  In 2014 a midwife sued the County Council of Jönköping for discrimination. It had refused to give her work in three different clinics after she told it that she would not carry out abortions on grounds of her Christian beliefs. The clinics said that their reluctance to employ her was not based on her faith but because she did not intend to carry out…

Belgium: Shareholders' right directive

The Directive amends the so-called Shareholders’ Rights Directive (EU Directive 2007/36 as regards the encouragement of long-term shareholder engagement). The stated objective is to overcome certain corporate governance shortcomings in European listed companies and to promote the long-term engagement of shareholders. The Directive deals with a wide range of corporate law and governance issues, such as identifying shareholders, providing information about shareholders, facilitating voting, making…

Belgium: Employment law review

Belgium has introduced some new legislation on agile and flexi-working as well as wage moderation. Below you will find the most important aspects. Agile and Flexi-working The long-awaited Act on agile and flexible work was published on 15 March 2017 and it provides a legal framework that meets employers’ requests for more flexibility in the organisation of work and working time while it is also…

Italy, France, Germany, Sweden and USA: Dress code and appearance policies

Personal dress and appearance is a common way individuals express their personality, including their political and religious views. Unfortunately, the personal choices individuals make in attire, hairstyle and other personal appearance factors may collide with workplace rules, creating conflicts. Federal U.S. law does not directly regulate employer dress codes or appearance policies. However, it does prohibit employers from discriminating against employees based on a number…

Brazil: Changes to outsourcing rules

Up until now, the courts have interpreted the law as meaning that it is illegal for a business to outsource its core business. Businesses could only lawfully outsource ancilliary activities. And yet, certain sectors, such as construction, clothing and the automotive industries have been consistently allowed to subcontract specialised services or parts of their processes.  The new Law turns this on its head by providing…

Robotics in the workplace - From a North American and European perspective

While automation in the workplace has been used for decades to improve speed, efficiency and cost effectiveness, until recently, automating work requiring judgment and perception was reserved for science fiction films. In the last five years, however, the wide availability of powerful computer chips, big data storage and processing, and inexpensive sensors, as well as the development of new algorithms, have led to improvements in…

EU General Data Protection Regulation (GDPR) – countdown of one more year

Die EU-Datenschutz-Grundverordnung – noch ein Jahr bis zur Anwendbarkeit – bi-lingual posting / zweisprachiger Beitrag – The European General Data Protection Regulation (GDPR) will become applicable throughout the European Union on 25 May 2018, with additional national legislation. By then, companies need to be compliant. The German Bundesrat has recently passed the new Bundesdatenschutzgesetz, which will adapt the European Regulation into national German law. This…

Belgium: Increase in the credit of additional hours for certain part-time employees

In line with earlier announcements in the framework of the Workable and Agile Work project of Secretary of Employment Kris Peeters, the legislator – in view of more flexibility for certain part-time employees – has increased the so-called “credit of additional hours”. An RD of 23 March 2017 (Belgian State Gazette of 5 April 2017) provides the necessary amendments to the RD of 25 June 1990…