#SCC by UK

[michellesanches]

Data transfers based on the old EU SCC’s must be replaced before 21 March 2024

In February 2022, the UK introduced the International Data Transfer Agreement (IDTA) and the UK Addendum to the European Commission’s new standard contractual clauses (new EU SCCs). These documents, essential for data protection in the post-Brexit era, are designed to ensure that personal data transfers from the UK to countries not covered by the UK’s adequacy regulations comply with the UK…

[mostlysignssomeportents]

This day in history

I'm Kickstarting the audiobook for The Bezzle, the sequel to Red Team Blues, narrated by @wilwheaton! You can pre-order the audiobook and ebook, DRM free, as well as the hardcover, signed or unsigned. There's also bundles with Red Team Blues in ebook, audio or paperback.

#10yrsago Total corruption: Organised crime infiltrated and compromised UK courts, police, HMRC, Crown Prosecution Service, prisons, and juries https://www.independent.co.uk/news/uk/home-news/the-corruption-of-britain-uk-s-key-institutions-infiltrated-by-criminals-9052617.html

#10yrsago What blogging meant https://web.archive.org/web/20140111184521/https://www.hyperorg.com/blogger/2014/01/08/what-blogging-was/comment-page-1/

#5yrsago In DHS tests, prototypes of Trump’s chosen barrier posts were easily defeated by hacksaws https://www.nbcnews.com/politics/immigration/test-steel-prototype-border-wall-showed-it-could-be-sawed-n956856

#5yrsago A month after the statutory restoration of expat Canadians’ voting rights, Supreme Court says taking those rights away was illegal https://www.ctvnews.ca/canada/scc-sides-with-overseas-canadians-in-expat-voting-decision-1.4249319

#1yrago John Deere's repair fake-out https://pluralistic.net/2023/01/12/beg-forgiveness-ask-permission/#deerey-me

#1yrago Good riddance to the Open Gaming License https://pluralistic.net/2023/01/12/beg-forgiveness-ask-permission/#whats-a-copyright-exception

Back the Kickstarter for the DRM-free audiobook of The Bezzle, read by Tumblr's own @wilwheaton!

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[technolgy0411]

Self-Compacting Concrete Market Trends, Company Profile, Global Expansion Strategies by Top Vendors till 2031

The Insight Partners stands out as a reliable ally in the syndicated market research and consultation through its steadfast commitment to the market research industry. With extensive experience and proven dedication, we have been delivering outstanding outcomes. With a team of researchers catering to distinct business requirements, we can emerge as a trusted research partner in the past decade.

By prioritizing precision and trust ahead, we are proud to announce the addition of the latest offering titled “Self-Compacting Concrete Market Growth Outlook to 2031”. This report ensures spotless coverage of recent updates and a range of business environment factors impacting the Self-Compacting Concrete market growth. The meticulous approach opted by our researchers can assist companies in transforming business space into the Self-Compacting Concrete market.

Self-Compacting Concrete market report offers a comprehensive analysis of regional and global scenarios. The scope of the market report extends to the competitive landscape, cost analysis, key players, specific market regions, profit margin, and market situation. A glance at wide-ranging factors restricting Self-Compacting Concrete market growth is deliberately included in this study.

Objectives of Self-Compacting Concrete Market Report

To deliver a detailed market overview by integrating quantitative and qualitative analysis

To unveil growth strategies by evaluating the competitive landscape and examining key companies against their position and strategic advantage

To offer estimates on sales volume, market share, size, and CAGR for the projected period.

To offer segment wise insights

This detailed report on Self-Compacting Concrete market size is heavily based on verified information and authoritative sources. The study intended to offer market players an overview of market opportunities in the coming period. This report helps clients as a first-hand source of knowledge on the market while providing a full-fledged analysis of each segment.

The study contains details on frontrunners in the market along with their recent collaborations, segments, revenues, product launches, and Self-Compacting Concrete market trends. It projects the competition in the Self-Compacting Concrete market for an estimated duration. This research further looks at industry channels and the performance of key market players to help businesses stay ahead in the market.

Our Report Sample May Brief On:

Scope of Self-Compacting Concrete market report

Brief introduction of Self-Compacting Concrete market and Industry Overview

Table of Contents

Top market players covered in this report

Report Structure

Research Methodologies by The Insight Partners

Regional Insights:

This section includes insights on different regions and key players present in the region. This section attempts to analyze the growth of a specific regional market based on economic, technological, and environmental factors. Readers may expect revenue-based data and sales insights gathered by our team after comprehensive research. This informative chapter remains an absolute perk for investors, as it will help them to understand potential investment value and expected returns in specific regions.

Report Attributes

Details

Segmental Coverage

Type

Powder Type SCC

Viscosity Type SCC

Combination Type SCC)

Application

Metal Decking

Drilled Shafts

Column

Concrete Frames)

End User Industry

Oil and Gas Construction

Building and Construction

Infrastructure)

Geography

Regional and Country Coverage

North America (US, Canada, Mexico)

Europe (UK, Germany, France, Russia, Italy, Rest of Europe)

Asia Pacific (China, India, Japan, Australia, Rest of APAC)

South / South & Central America (Brazil, Argentina, Rest of South/South & Central America)

Middle East & Africa (South Africa, Saudi Arabia, UAE, Rest of MEA)

Market Leaders and Key Company Profiles

Cemex S. A. B De C. V.?

Holcim Ltd.?

CRH Plc.?

Sika AG

ACC Limited

Ultratech Cement Ltd.?

Breedon Group Plc.?

Firth Industries

Buzzi Unicem Spa

Unibeton Ready Mix

Other key companies 

Why The Insight Partners?

Proven Expertise: The Insight Partners comprises expert market research analysts who have extensive industry-specific knowledge. Through this report, our team is bringing years of experience to the table while safeguarding the accuracy of insights.

Actionable Insights: TIP relies on a combination of primary and secondary research methodologies that drive tangible results. We are committed to keeping our offerings clear, accessible, and concise to guide businesses in the decision-making process.

Integration of Technology: We embrace technology in all its forms as the core of our research tactics. We use various tools and platforms to analyze and interpret the data. This allows timely results.

Summary:

Current and Future Market Estimates- Self-Compacting Concrete Market Share, and Size | 2031

Market Dynamics – Drivers, Challenges, Regional Trends, and Market Opportunities

Market Segmentation – Product, Application, End-use Industries, and Regional Growth Prospects.

Competition Matrix – Key Market Players and Strategies

Recent Developments and Innovation contributing Market Growth

Author’s Bio:

Shashikant Ligade

Senior Analyst The Insight Partners

[gdprinpractice]

Are you adequately covering GDPR within your ISMS?

Certification body (CB) assessors conducting ISO 27001 audits have increasingly emphasized compliance with the General Data Protection Regulation GDPR principles. Previously, assessments primarily focused on whether organizations were registered with the Information Commissioner's Office (ICO), GDPR compliance with the "Privacy and protection of personally identifiable information" control (ISO 27001 Annex A control 18.1.4), and the existence of a legal and regulatory register and a data protection policy.

However, since the implementation of the GDPR, CBs now expect a more rigorous approach, understandably so. They require:

Integration of the GDPR into the organization's risk and opportunity considerations (ISO 27001 Clauses 4 and 6.1.1), including determining actions under Article 3 (main establishment/territorial scope).

Allocation of resources and competencies to the data protection officer (DPO) role (ISO 27001 Clause 7) as part of the support provided.

Establishment of a defined process to handle all types of data subject requests (ISO 27001 Annex A Control 18.1.4), with particular attention given to data subject access requests (DSARs).

Inclusion of steps for reporting information security events to the ICO in the information security breach process (ISO 27001 Annex A, A.16).

Addressing data transfers to non-UK and non-EEA countries within the context of supplier relationships and related controls, as outlined in ISO 27001 Annex A, specifically A.15 controls, as well as contracts, is a critical aspect of ensuring the security and compliance of an organization's data management practices. In today's globalized business environment, data often needs to traverse international borders, and it is essential to navigate this complex landscape while upholding data protection standards.

The European Court of Justice's ruling in the Schrems II case has added an additional layer of complexity to this challenge. This ruling underscored the importance of assessing the adequacy of data protection measures when transferring data to countries outside the EEA or the UK. To meet these requirements, organizations must evaluate their data transfer mechanisms carefully and ensure they comply with the highest standards of data protection.

Two crucial instruments for ensuring compliant data transfers are the International Data Transfer Agreement (IDTA) provided by the Information Commissioner's Office (ICO) and the European Union's standard contractual clauses (SCCs). These documents offer a framework for legally binding agreements that help protect the data being transferred. The IDTA, in particular, can serve as a valuable tool for organizations in the UK when establishing secure data transfer mechanisms.

However, it's important to note that these mechanisms are not standalone solutions. They must be integrated into supplier relationships and contractual agreements, especially when data is passed along within the supply chain. This requires organizations to formalize the use of the IDTA, EU clauses, and SCCs in their contracts and agreements. This formalization includes specifying the security measures required in Annex II of the SCCs, which provide a blueprint for protecting data during its journey across borders.

By incorporating these essential safeguards into their data transfer strategies, organizations can help ensure the integrity and security of their data as it moves within supplier networks, between the UK and non-UK/EEA countries, and beyond. This not only mitigates legal and compliance risks but also enhances trust and transparency in supplier relationships, ultimately contributing to a more robust and secure data ecosystem.

Incorporating security and privacy considerations (e.g., privacy by design and default) into system acquisition, development, and maintenance controls (ISO 27001 Annex A, A.14 and A.6.1.5).

Specifying retention periods for personal data under the "Protection of records" control (ISO 27001 Annex A, A.18.1.3).

While one could argue that all these measures are appropriate and part of prudent planning, they do represent a significant change in CBs' expectations.

[ocmontessoriacademy]

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[harleyluvhorror142]

Looks like the UK was the true winner of eurovision since the next euronvison will be place in the UK provvly Scotland since it could be glasgow SCC so well done Sam Ryder but it is sad that Ukraine had to pull out but I understand why since they probbly do not have the money to have one for them and also because they do not know when this war will end but I hope they get peace soon sending prays and love to them and my respects but yeah if it dose come to Scotland that will be great so next year eurovision is comeing to the UK

Overall I still say both winners 💕xxx

[fuckyeahabocado]

2020年おすすめ新譜アルバムVol. 62：Trouchpac「Diggy Chronicles」

新譜アルバム紹介Vol. 62です。

今回紹介するのは、フランスのビートメイカーのTrouchpacがリリースした「Diggy Chronicles」です。ジャケットを��リックすると購入先へ飛びます。

Trouchpacはフランス出身のビートメイカーです。

10年代前半からフランスに留まらずUKやアメリカの作品に参加し、14年にはMC WiseRapのアルバム「G Funk UK Wave」で全曲をプロデュース。16年にはModestとのタッグ作「De L'Ombre À La Lumière」をリリースしています。19年にはYoung Hypeとのタッグ作「King Me」、Bad Habitsとのタッグ作「The French Blues」をリリース。また、Big ProdejeやEnois Scrogginsなどの作品にも参加し、Diggy Down RecordsやSCCの周辺で活躍しています。

トラップや「2001」期のDr. Dreのようなバンギンな曲も作りますが、基本的にはユーロGらしいレイドバックしたGファンクを得意とするビートメイカーです。ウェッサイ好きの方にはたまらないと思います。

今作は恐らく初のリーダー作で、メロウなGファンク系の路線に焦点を絞った快作に仕上がっています。ラップの入らない歌ものの曲も多いので、R&B好きの方も是非。

2. Do You Wanna Roll Feat. Enois Scroggins, Badtripp & Tony G

ブリブリのシンセベースが目立つGファンク。

メロウなエレピと煌びやかなシンセが心地良いビートで、Enois Scrogginsがヘロヘロと歌いラッパー二人がサポートする好曲です。ラストに登場するTony GのEazy-E系のヴァースがお気に入り。

3. WSSD Feat. Collarossi & Mean Mug

フックで粘っこいトークボックスを使ったファンク。

遠くから聞こえてくるストリングスとピアノが効いた、Dr. Dreという��りそれを模したScott Storchに近いような印象の曲です。時折歌心を見せるラップもばっちり。

4. Too Fast To Act Feat. Maddam Mya

歌の比率高めの夕暮れ系哀愁路線。

美しいピアノとファンキーなギターの裏で、不穏に鳴るベースがG気分を高めてくれる良曲です。後半に披露するラップも味があります。

5. Little Things Feat. Jovan & Young Hype

JovanがメインでYoung Hypeは客演気味に絡む曲。

この曲も夕暮れ系哀愁メロウで、Jovanの誠実でソウルフルな歌が沁みる好曲です。R&Bファンの方も是非。

6. I'm Gone Feat. Enois Scroggins & Louie Bagels

スムースで軽快なGファンク。

ファンキーに動くベースが効いたビートで、2Pacの影響を感じさせる武骨なラップとヘロヘロとした歌の絡みが楽しめます。ブリッジでのEnois Scrogginsの歌いっぷりが見事。

9. Summertime Feat. Collarossi, OG Daddy V, Big2DaBoy & Chag G

ブリブリのベースが心地良い夏曲。

フックでは高音シンセが入ってきてソウルフルな歌を聴かせ、ヴァースでは堅実なマイクリレーが楽しめるこれぞGファンクな曲です。ディレイで飛ばす終わり方もお気に入り。

11. Evaporate Feat. Maddam Mya & Young Hype

再び夕暮れ系哀愁メロウ。

美しいピアノが沁みるビートでMaddam Myaがソウルフルに歌い倒し、Young HypeもGな哀愁ラップを聴かせる良曲です。アウトロでのシンセと歌の絡みが極上。

12. Ride With Me Feat. Makloyd, Young Hype & Tall Flame

メロウでスムースなGファンク。

ファンキーに動くベースとメロウなエレピが心地良いビートで、フックではトークボックスも使ってマイクリレーを聴かせるいかにもな曲です。高速ハイハットやスネアの連打には現行の匂いも感じます。

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[gdprinpractice]

UK International Data Transfer Agreement

On February 2, 2022, the Information Commissioner's Office (ICO) introduced changes regarding restricted international personal data transfers under the UK General Data Protection Regulation (UK GDPR). These changes involve the introduction of the International Data Transfer Agreement (IDTA) and the UK Addendum to the European Commission's standard contractual clauses (SCCs), in accordance with GDPR principles.

The IDTA and the UK Addendum to SCCs are designed to provide organizations with transfer tools that comply with the UK GDPR when conducting restricted transfers of personal data, adhering to GDPR principles. These tools establish a legal framework and safeguards for the transfer of personal data from the UK to countries outside the UK and the European Economic Area (EEA).

The IDTA is an agreement that organizations can use as a transfer mechanism for restricted transfers of personal data to countries that have not received an adequacy decision from the UK government. It includes contractual clauses and commitments that aim to protect personal data during the transfer process, aligning with GDPR principles.

The UK Addendum to SCCs is an additional document that can be appended to the existing European Commission's SCCs, incorporating GDPR principles. It addresses specific requirements under the UK GDPR and supplements the SCCs to ensure compliance with UK data protection laws.

These transfer tools provide organizations with a legal basis for transferring personal data internationally while meeting the requirements of the UK GDPR and upholding GDPR principles. They offer a structured approach to data transfers and help ensure the protection of individuals' rights and freedoms regarding their personal data.

It's important for organizations to familiarize themselves with these transfer tools, assess their data transfer practices, and implement appropriate mechanisms to comply with the UK GDPR's requirements for restricted international transfers of personal data, in line with GDPR principles.

Top of Form

Background

That is correct. Following the UK's departure from the European Union on January 31, 2020, the EU General Data Protection Regulation (EU GDPR) was incorporated into UK law through the Data Protection Act 2018, known as the "UK GDPR." During the transition period that lasted until December 31, 2020, the Information Commissioner's Office (ICO) allowed transfers of personal data outside the UK to rely on the EU provisions for restricted transfers, specifically the EU Standard Contractual Clauses (SCCs).

However, the EU has since updated the SCCs, and these updated clauses have not been directly incorporated into the UK GDPR. Instead, the ICO is developing its own framework for personal data transfers outside the UK. This framework includes the ICO's own scheme for assessing whether a recipient country (data importer) offers an "adequate" level of protection for individuals' rights regarding the processing of their personal data in that country.

The ICO's framework aims to provide clarity and guidance to organizations regarding international data transfers post-Brexit. It will outline the criteria for determining whether a particular country ensures an adequate level of data protection. This approach aligns with the UK's sovereignty over data protection matters and allows the ICO to establish its own adequacy decisions for data transfers outside the UK.

Organizations operating in the UK will need to stay informed about the ICO's framework for international data transfers and ensure compliance with any requirements set forth by the ICO. This will involve assessing the adequacy of data protection in third countries and implementing appropriate safeguards, such as the ICO's approved transfer mechanisms, to ensure the protection of personal data during international transfers.

Why is this Needed?

You are correct. The Schrems II judgment by the Court of Justice of the European Union (CJEU) in July 2020 had significant implications for data transfers, not only to the United States but to any country that does not have an "adequacy" decision from the European Commission.

Following the Schrems II ruling, the Privacy Shield framework, which was designed to facilitate data transfers between the EU and the US, was deemed inadequate and invalidated. Additionally, the previous version of the EU Standard Contractual Clauses (SCCs) was also questioned for its effectiveness in ensuring adequate protection for personal data transferred to third countries.

In response, the EU updated the SCCs to align with the requirements set forth in the Schrems II judgment. These updated SCCs provide more robust safeguards and address the concerns raised by the CJEU regarding the protection of personal data during international transfers. Many organizations have adopted these updated SCCs as a transfer mechanism to ensure compliance with EU data protection requirements.

However, it's important to note that the UK GDPR, which incorporated the EU GDPR into UK law, did not automatically include the updated SCCs. The Information Commissioner's Office (ICO) in the UK is developing its own framework for personal data transfers to third countries. This framework will include the ICO's own assessment of whether a recipient country offers an "adequate" level of data protection.

Until the ICO's framework is finalized, organizations in the UK and EU must carefully consider their data transfer arrangements, not only to the US but to any non-adequate countries. They need to assess the legal mechanisms available for ensuring an adequate level of protection, such as the updated SCCs, and implement appropriate safeguards to protect personal data during international transfers. Compliance with data protection requirements and maintaining data privacy remains a crucial consideration for organizations engaged in cross-border data transfers.

What’s Changing?

As of 21 September 2022, organizations processing UK personal data must use the International Data Transfer Agreement (IDTA) or the UK Addendum for new transfer arrangements subject to the UK GDPR. This means that any new transfers of UK personal data to third countries must rely on the IDTA or include the UK Addendum to comply with data protection regulations.

For existing arrangements based on the old EU Standard Contractual Clauses (SCCs) for UK transfers, organizations have until 21 March 2024 to replace them with the IDTA or the UK Addendum.

On the other hand, EU organizations that need to transition their data transfer arrangements for EU data to the new EU SCCs have a shorter timeline. They must complete the transition and adopt the new EU SCCs by 27 December 2022.

It's important to highlight that the IDTA and UK Addendum are specifically designed to legitimize restricted international data transfers under the UK GDPR. They do not encompass the controller-to-processor clauses defined in the UK GDPR and EU GDPR Article 28. These clauses governing the processing of personal data by a processor are expected to be included in a separate commercial agreement or contract that governs the processing activities or referenced within the IDTA.

Organizations should ensure they are aware of these timelines and requirements to comply with the appropriate data transfer mechanisms and maintain lawful international data transfers while protecting the rights and privacy of individuals' personal data.

Implications and Next Steps

To ensure compliance with the new requirements for international data transfers, organizations should consider the following actions:

Review and update intracompany agreements: If there are transfer agreements within your organization, such as transfers from UK entities to US entities, these agreements need to be reviewed and updated. They should be modified to utilize either the International Data Transfer Agreement (IDTA) or the "new" EU Standard Contractual Clauses (SCCs) along with the UK Addendum. Seeking data protection consulting can provide valuable guidance in this process.

Conduct or review personal data transfer risk assessments: It is important to perform transfer risk assessments (TRAs) for existing and potential new restricted transfers. These assessments help identify the risks associated with transferring personal data and enable organizations to implement appropriate safeguards. Refer to URM's previous blog or guidance to understand when and why TRAs should be carried out. Data protection consulting services can assist in conducting comprehensive risk assessments.

Review data sharing agreements with suppliers: Organizations should review their agreements with suppliers to determine if SCCs are already included or should be included within the data sharing agreements. If SCCs are already part of the agreements, they should be updated to incorporate either the IDTA or the "new" EU SCCs along with the UK Addendum, depending on the applicable regulations. Data protection consulting experts can provide guidance on drafting and updating data sharing agreements.

Implement a law enforcement request policy: If your organization has entities in jurisdictions where law enforcement can issue subpoenas or warrants for the disclosure of personal data, it is advisable to develop a policy outlining how these requests will be handled. This policy should define the procedures and considerations for responding to such requests while ensuring compliance with applicable data protection laws. Data protection consulting professionals can assist in creating effective law enforcement request policies.

By taking these actions and consulting with data protection experts, organizations can ensure that their international data transfers are in line with the latest regulatory requirements and protect individuals' personal data during the transfer process. It is important to seek legal advice or consult relevant regulatory authorities to ensure compliance with specific obligations and requirements.

[blackwatera-blog]

Canadian Tort Law

Torts – Nature Of Tort Law And LiabilityThe Court of Allure kept in mind the similarities between the tort of harassment, as identified by the Trial Judge, and the already-existing tort of willful infliction of mental suffering (" IIMS"): Plainly, the elements of the tort of harassment acknowledged by the trial judge are comparable to, yet less burdensome than, the aspects of IIMS. Toronto personal injury lawyer Greg Neinstein.

( See para. 48). For the Court of Appeal, the tort of IIMS supplies a well-established basis for suing for mental suffering, including in the employment context. While the Court declined to "foreclose the development of an appropriately developed tort of harassment" in the future, it inevitably concluded there was "no engaging reason" to acknowledge a brand-new tort in this instance.

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If not currently, after that when should Canadian courts acknowledge a brand-new tort? Exactly how does the usual legislation develop? Should Canadian courts identify a brand-new tort of harassment? These are substantial questions of public significance resolved by the decision of the Court of Allure. The Court of Appeal had this to claim in response to such inquiries: To pose the concern this way is to suggest that the recognition of brand-new torts is, in essence, an issue of judicial discernment that the court can develop a brand-new tort anytime it considers it suitable to do so.

( See para. 38). Mentioning Watkins v. Olafson, 1989 CanLII 36 (SCC), the Court of Allure noted that usual legislation change is "evolutionary in nature: it continues gradually and incrementally instead than swiftly and drastically". (See para. 20). The Court additionally recommended, mentioning R. v. Salituro, 1991 CanLII 17 (SCC) as well as R.

Ontario Tort Claims Explained

Mann, 2004 SCC 52 (CanLII) that considerable modifications to the law are better delegated legislatures. In doing so, the Court of Appeal invoked the concept that autonomous legislatures need to assume the significant responsibility for making lawful reforms. (See paras. 21-22). Beginning with these premises, the Court of Charm supported the strategy taken by Sharpe J.A.

Tsige, 2012 ONCA 32 (CanLII) the decision in which the Court of Charm identified the tort of intrusion upon seclusion: Far from being created from entire fabric, the breach upon seclusion tort was based in what Sharpe J.A. recognized as an emerging acceptance of claims for violation of personal privacy. He meticulously assessed Ontario as well as Canadian instance law, in which he discerned both supportive dicta and also a rejection to turn down the presence of the tort, and rural regulation that established a right to privacy while not foreclosing common legislation growth.

He attracted upon American tort regulation, which recognizes a right to privacy, in addition to the law of the UK, Australia, and New Zealand. He also kept in mind social change in specific, technical advancements that pose a hazard to individual privacy and the incentive for reform that it created - Neinstein Personal Injury Lawyers." [M] ost importantly," he said, "we exist in this situation with facts that crave a remedy": at para.

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( See para. 25). From the foregoing, the Court of Allure determined there was simply no basis to identify a new tort right here. For example, the choice listed below might not be understood as "a culmination of a variety of associated legal developments". (See para. 39). Furthermore, there was no academic authority or engaging plan reasons to acknowledge a brand-new tort.

Best Sources In Canadian Law By Topic

40). Lastly, unlike the scenario in Jones v. Tsige, this was not a case "whose facts demand the development of a novel legal remedy". (See para. 41). For the Court of Charm, that treatment (challenging to gain access to though it might be) already exists at Canadian law: the tort of IIMS.

42). Sean Gaudet and also James Gorham (Justice Canada, Toronto) Guidance for the Respondent: Laura Youthful (Laura Young Law Workplaces, Toronto) & John Kingman Phillips as well as John-Otto Phillips (Waddell Phillips, Toronto).

Product obligation law in Canada is based upon: (i) liability in agreement; and also (ii) fault-based liability under the law of tort (oversight) or, in Quebec, the law of civil responsibility. Other than in Quebec, Canadian regulation allows concurrent obligation in contract and in tort. In agreement, an event to an agreement for the acquisition and sale of a product is entitled to sue for damages for violation of agreement if the high quality, fitness, or efficiency of the item does not comply with the express or suggested terms of the agreement.

What Is A Tort Claim?

In some provinces, regulation restricts the exemption of these statutory guarantees and also problems from contracts for the sale of items to consumers (i.e. not for business objectives). Consumer defense statutes in the majority of provinces likewise provide treatments for unfair methods, consisting of problems or rescission. In the usual legislation provinces, responsibility in tort is grounded in carelessness and is fault-based. There are various other areas past joint and also numerous obligation that insurers as well as various other teams want changing. Currently, problems for loss of revenue are determined on the basis of gross earnings, which do not consider taxation and also other employment deductions. In various other words "complainants can gather more than they would have received if they were functioning," Bundus says.

Gunnell suggests that when it pertains to loss of income "it is also easy to increase what he or she could be worth. You begin getting some huge numbers, which winds up terrifying you off going to trial, due to the fact that your plan is mosting likely to be marked. It is impressive what people might end up making when they ramp everything up." Howe counters that the government has actually provided the victim's right to complete compensation by not exhausting future income.

" The question of tax obligations is in between the individual as well as the state. The insurance market is sticking its nose where it doesn't belong." In regards to vicarious obligation, Gunnell says ins 2015 intro of Bill C-45 right into Ontario, which introduced criminal obligation for employees as well as companies for irresponsible conduct, has raised recognition of the issue.

" Several of our participants are stating 'we need to look at our procedures, we don't want to be held liable for what among our staff members did,' I assume we are getting back to some of the reasons vehicle mosted likely to no-fault in 1990, which was to try to obtain it far from obligation.

Know More About Unintentional Torts Laws In Canada

Howe says "vicarious responsibility is essential, you can not dump it. For the leasing firms, it would certainly be the greatest joke of all. Due to the fact that it would suggest the companies that are generating income off this would certainly be held to a reduced standard than me if I provide my auto to my sibling." Other subjects on IBC's laundry listing of legal reforms consist of forbiding gross-up for earnings tax obligation and also requiring that the courts order structured settlements in all instances where the plaintiff has future treatment or future earnings losses.

One area not mentioned in IBC records, but still of issue to huge insurance coverage companies is course action suits, according to Sami. "These suits are the one area that might produce major havoc," he states. "The cost of protection is a significant worry as well as you can spend a great deal of time and also cash in just combating a qualification situation.

" We assume this will certainly go a lengthy method towards boosting performance in the tort system." He notes that in districts like Alberta, there are available solutions, such as the awarding of "double prices' against plaintiffs for frivolous claims. For Gunnell, the whole procedure of tort reform is long overdue here.

" I utilized to think we were years behind the U.S. in regards to settlements. Currently, I assume we are right up there. We have to start relocating from discussing it to doing something about it." Howe suggests that lawsuits in the U.S. is a "whole various globe." The supposed reforms, like caps on non-economic problems, already exist in Canada.

Torts – Nature Of Tort Law And Liability

The bottom line is that if the innocent target doesn't obtain full settlement, we have actually just abandoned Magna Carta as well as hundreds of years of law," he describes. Bundus claims the existing tort reform propositions are simply that proposals which can form part of an organized lobby to legislators. At this stage, however, it is unclear which group, or whether a coalition of groups, will lead the cost on tort reform.

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That implies lobbying for tort reform, if as well as when it comes, will require to be coordinated with numerous lawyer generals. "Tort reform will have to be done on a province by province basis," Bundus claims. "Ideally, there will certainly be some receptive provinces and this will certainly enable the sector to show that the experiment can function. Neinstein Personal Injury Lawyers.

The checklist pain and also enduring insurance claims near the end, since it is so difficult to sue for discomfort and also suffering in Ontario provided the present state of the regulation. Discomfort as well as experiencing cases are described as "tort" insurance claims at legislation. Obtain utilized to the term. Tort claims are implied to compensate you for your pain and suffering (basic damages), previous and also future loss of income, loss of affordable benefit in the workplace, future treatment expenses not covered by mishap benefits, loss of satisfaction of life, special damages like your out-of-pocket costs, worsened damages, punitive problems, and also any kind of various other problems which you endured as a result of your automobile mishap.

In Canada, we do not have such big honors for discomfort and suffering. The reason is that in Canada, there is a cap on problems for pain and also suffering claims. This cap was set by the High court in a series of situations called "the trilogy". Problems for pain and also suffering are capped at around $317,000.

Know More About Unintentional Torts Laws In Canada

The maximum honor for problems for discomfort and suffering are granted to an individual with extreme pain and suffering and also extreme injuries such as loss of limb, paraplegia as well as a mind injury. It is very important for all crash victims to comprehend exactly how damages function for their tort claim, so they have a reasonable expectation of what their prospective award might be.

Individuals get these figures from buddies, family, consultants, or things they see on television. There is absolutely nothing even more deadly to a situation than a crash sufferer with a fixed number in their head which is based on impractical expectations instead of the law and also truths about their instance.

IMAGE: Mike Gifford (CC) June 15, 2015 The Canadian Charter of Legal Rights as well as Freedoms assurances the right to "liberty of thought, idea, opinion and expression, consisting of liberty of the press as well as various other media of interaction", but this right, along with all legal rights ensured by The Charter, is not outright. Some kinds of cost-free expression in Canada are criminal offenses, such as perjury, dispersing salacious material, and dislike speech.

Nevertheless, some limits on complimentary expression in Canada have nothing to do with federal government restrictions or the right to free expression as specified in the Charter. One such limitation is the civil tort of vilification. Libel regulation is not about protecting satisfaction; it is about shielding credibility and offering restitution to people whose track records have actually been incorrectly damaged.

Torts Archives - Thecourt.ca

Tort regulation surrounding vilification regulation does not directly suppress your right to complimentary expression; it is not illegal per se. Instead, defamation is usually concerning making restitution to individuals that have actually been harmed by your speech. You can still say whatever you want, but you might need to pay for it (and you might have to pay a whole lot).

In Ontario, as an example, regulation on libel is discovered in the. Vilification can be subdivided right into libel and aspersion: character assassination with an irreversible record, such as an e-mail, a radio or TELEVISION broadcast, a paper, a web site uploading, and so on libel without any long-term document, such as a talked declaration and even a hand motion.

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High quality clear stamp made in the UK, size A6. A design that you can add to your cards, gift wraps, decorations, and other creative ideas. High cla... http://dlvr.it/T7rfbV

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Kona Electric road trip. Norfolk, UK countryside and a play with Smart Cruise Control

The EV Puzzle

I have no idea if this is watchable or  interesting but given how many people watch road trips, I thought I'd post a video of a trip to the Norfolk coast in our Kona Electric. I've filmed the dash display too which gives me the opportunity to play with the displays and Smart Cruise control. This is a pretty normal trip, just one collision warning event and a couple of auto recuperation /SCC events thinking parked cars are traffic and no detecting a car pulling out , as quickly as I'd like. Hopefully there's some value in seeing how an EV is driven in rural surroundings and how  all the automation and safety features work in normal driving conditions.

[mykhuranaandkhurana-blog]

Doctrine Of Originality In Copyright

NTRODUCTION

Originality is the basic yardstick used by the copyright regimes in the world to evaluate the availability copyright protection to a particular work. The word “Originality” in civil law countries consider as an author’s own intellectual creation. Through originality doctrine, copyright is safeguarding the public domain so that a person cannot claim for an expression. Section 13(1) of the Indian Copyright Act 1957 states that copyright subsists in “original literary, dramatic, musical and artistic works.” However, the Act fails to give any definition or test to determine originality of a work. This leaves the court with the duty to decide the amount originality required for a work to claim copyright protection. Two tests are to be followed to decide the “Originality” of a work:-

Non- copying requirement (completely objective test)

Threshold/Degree of originality(varies from court to court)

There are different doctrines used in different jurisdictions of law, which are analyzed following:-

UK’s Sweat of the brow doctrine

According to this doctrine, an author gains rights through simple diligence during the creation of a work. The “sweat of the brow” doctrine relies entirely on the skill and labour of the author, rendering the requirement of “creativity” in a work nearly redundant. This doctrine was first adopted in the UK in 1900 in the case of Walter v Lane,1 where an oral speech was reproduced verbatim in a newspaper report and the question was whether such verbatim reproduction would give rise to copyright in the work. Court held that the work has copyright protection.

In University of London Press v. University Tutorial Pressthe test of “originality” was explained by the Chancery Division of England which is also commonly cited as an archetypal “sweat of the brow”. The Court held that the Copyright Act does not require that  expression be in an original or novel form. It does, however, require that the work not be copied from another work. It must originate from the author. The question papers are original within the meaning of copyright laws as they were originated from the authors. The court held that merely because similar questions have been asked by other examiners, the plaintiff shall not be denied copyright. This doctrine is also followed in various other jurisdictions including Canada, Australia and India.

USA’s Modicum of creativity doctrine

USA has the oldest and the most developed Copyright laws in the world. The courts have given importance to both the creative and subjective contribution of the authors since the late 17th century. In Feist Publications, Inc. v. Rural telephone Service Co.3 case, the US Supreme Court

totally negated this doctrine and held that in order to be original a work must not only have been the product of independent creation, but it must also exhibit a “modicum of creativity”. This doctrine stipulates that originality subsists in a work where a sufficient amount of intellectual creativity and judgment has gone into the creation of that work. The standard of creativity need not be high but a minimum level of creativity should be there for copyright protection. The major question of law was whether a compilation like that of a telephone directory is protected under the Copyright law? The court held that the facts like names, addresses etc are not copyrightable, but compilations of facts are copyrightable. This is majorly owing to the unique way of expression by way of arrangement and if it possesses at least some minimal degree of creativity, it will be copyrightable. The Court held that Rural’s directory displayed a lack of requisite standards for copyright protection as it was just a compilation of data without any minimum creativity, which was a requirement for copyright protection. Hence, Rural’s case was dismissed.

Doctrine of merger in India

India strongly followed the doctrine of ‘sweat of the brow’ for a considerably long time. However, the standard of ‘originality’ followed in India is not as low as the standard followed in England. In Eastern Book Company v. D.B. Modak, where the Supreme Court discarded the ‘Sweat of the Brow’ doctrine and shifted to a ‘Modicum of creativity’ approach as followed in the US. The dispute is relating to copyrightability of judgements. The notion of “flavour of minimum requirement of creativity” was introduced in this case. The Court granted copyright protection to the additions and contributions made by the editors of SCC. At the same the Court also held that the orders and judgments of the Courts are in public domain and everybody has a right to use and publish them and therefore no copyright can be claimed on the same.

Conclusion

The various doctrines mentioned above show that there is no single, unified concept of originality. Different jurisdictions of different countries have different criteria for originality. There is a conflict concerning originality in copyright law: on the one hand there is using a word of which the common understanding is of ‘new creation from nothing’ but on the other hand, the law defines the word as meaning originating from the author and involving work, skill and judgment. On a tangential note, the doctrine of “merger”, which deals with scenarios where the expression is considered to be inextricably merged with the idea, has barred copyright protection to those works/particular ideas which can be expressed intelligibly only in one or a limited number of ways or in a very restrictive manner. This has not only helped preventing the authors from gaining monopoly over such kind of works have, it has also made such works easily accessible to users and readers. The merger doctrine also prevents facts from being the subject- matter of copyright protection.

https://www.khuranaandkhurana.com/

[kentcadets]

Cadet Civilian and Uniformed Staff, across the county in various units, detachments and squadrons, help and assist in all kinds of ways, to make sure cadets are safe, having fun, whilst giving them guidance, training, and a sense of belonging, from different training manuals, most teach the same, wether this be Weapons Handling, Shooting, Orienteering, Adventure Training or other combined subjects. To join is easy. . @KentCadets on Twitter, Facebook, Instagram, TikTok, and YouTube, check out our Social Media Links (Link In Bio) #KentCadets - http://www.kentcadets.com  . #Kent #Cadets - Supporting & Promoting Kent- Based #SeaCadets #MarineCadets #AirCadets #ArmyCadets and their Organisations #SeaCadetCorps #SCC, #RoyalMarineCadets#MCC, #AirTrainingCorps #ATC, and #ArmyCadetForce #ACF, as well as #CombinedCadetForce #CCF Featuring Images, Videos and Stories supplied by us, and the cadets, staff and representatives of the three main cadet organisations and their Unit’s, Detachments and Squadrons from across Kent, South East, England, UK.

[gdprinpractice]

The CJEU Declares the EU-US Privacy Shield Invalid and SCCs Valid

What are the Implications and Next Steps for Your Organisation?

On 16 July 2020, the Court of Justice of the European Union (CJEU) made a significant ruling concerning the adequacy of the EU-US Privacy Shield and standard contractual clauses (SCCs), in accordance with GDPR principles. The Privacy Shield was a mechanism that allowed participating companies to comply with EU requirements for transferring personal data to the United States, particularly focusing on data transfer methods, including third-party transfers. Similarly, SCCs could be used to legitimize personal data transfers between the EU, the US, and other third countries by establishing contracts on EU-approved terms, often utilized by small and medium-sized businesses, in accordance with GDPR principles.

Surprising many experts, the CJEU declared the Privacy Shield invalid while confirming the validity of SCCs, albeit with certain conditions. In this context, we present the background leading up to these judgments, provide a high-level summary of the judgments themselves, and outline the potential implications and recommended next steps for organizations in the UK.

What was the Background to these Judgements?

The CJEU judgments that arose from this case are commonly known as 'Schrems II'. In this case, Maximillian Schrems, an Austrian privacy activist, lodged a complaint against the Irish Data Protection Commission (DPC), which is Ireland's data protection authority. Schrems argued that the United States does not offer adequate security measures and legal remedies to protect the privacy data of individuals in the EU.

Schrems specifically raised concerns about his personal Facebook data, which he claimed was transferred and processed by Facebook Ireland on servers owned by Facebook Inc., based in the US. At that time, these transfers between Facebook Ireland and Facebook Inc. were conducted using the SCCs, which were the applicable standard contractual clauses (although they have since been replaced with updated SCCs that are more in line with the Schrems II judgments).

Schrems contended that the former SCCs did not provide a sufficient level of protection for the personal data of EU individuals due to the intrusive nature of US surveillance activities. He argued that US legislation did not explicitly restrict interference with an individual's right to the protection of their personal data in the same manner as EU data protection laws.

The Irish DPC initiated legal proceedings against Facebook in the Irish High Court, which subsequently referred several questions to the CJEU for a preliminary ruling. The primary focus of these preliminary questions was the validity of the SCCs, but they also touched upon the EU-US Privacy Shield framework.

The CJEU judgments in the 'Schrems II' case emerged as a result of these proceedings, addressing the concerns raised regarding the validity of the SCCs and the EU-US Privacy Shield framework.

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What was the Judgement on SCCs?

The CJEU's judgment on standard contractual clauses (SCCs) determined that they do offer sufficient protection for the transfer of EU personal data to third countries, including the United States. However, the Court emphasized that EU organizations relying on SCCs have an obligation to play an active role in ensuring an 'adequate' level of data protection in the respective third country before any transfer takes place. The CJEU also stated that organizations may implement additional safeguards, beyond what is included in the SCCs themselves, to ensure the adequacy of protection. The specific nature of these additional safeguards was left unspecified by the Court.

Moreover, the responsibilities do not solely lie with the data exporter. According to the CJEU's judgment, third country organizations that import data have an obligation to inform EU data exporters if they are unable to comply with the SCCs. When a data importer cannot comply with the SCCs and no additional safeguards are in place to guarantee the required level of protection, the EU data exporter is required to suspend the data transfer and potentially terminate the contract.

The CJEU also clarified that EU data protection authorities (DPAs) have a duty to take action. The Court emphasized that DPAs are "required to execute their responsibility for ensuring that the GDPR is fully enforced with all due diligence." This includes assessing and, if necessary, suspending or prohibiting transfers of personal data to a third country if the DPAs believe that the SCCs are not being or cannot be complied with, and if they determine that the transfers do not meet the EU's data protection requirements.

Furthermore, the European Data Protection Board (EDPB) issued Recommendations in June 2021, which provide guidance on the additional safeguards or measures that organizations can consider implementing. Annex 2 of these Recommendations includes a comprehensive list of possible additional safeguards or measures.

What was the Judgement on the Privacy Shield?

The CJEU determined that the Privacy Shield framework was inadequate and did not provide a level of protection for personal data transferred to the US that is equivalent to the protections mandated by the GDPR and EU law. The decision was primarily based on the intrusive surveillance programs carried out by the US government and intelligence agencies, as permitted by Section 702 of the Foreign Intelligence Surveillance Act (FISA) and Executive Order 12333. These programs allowed for the bulk collection of personal data, extending beyond what is considered "strictly necessary" and thus deemed disproportionate under the GDPR.

Additionally, the CJEU highlighted the lack of effective redress mechanisms available to EU citizens in the US under the Privacy Shield framework. Despite the establishment of the Privacy Shield Ombudsman's office by the European Commission to address this concern, its decisions were not binding on US intelligence services, and doubts were raised regarding its impartiality.

The CJEU's decision reflected the fundamental issues related to both the intrusive nature of US surveillance programs and the lack of adequate redress mechanisms, ultimately leading to the invalidation of the Privacy Shield framework.

What are the Implications and Next Steps for UK Organisations?

REVIEW DATA FLOW

If your organization or any of your third-party suppliers are currently engaged in transferring or providing routine access to personal data processed in the EU to the US under the Privacy Shield framework, it is recommended to conduct a data flow review. This review will help you identify the extent of data being transferred to the US, especially data that may fall under Section 702 of the Foreign Intelligence Surveillance Act.

It is important to note that the UK's Information Commissioner's Office (ICO) has advised that if you are currently utilizing the Privacy Shield framework, you may continue to do so until new guidance is made available. However, it is advised not to initiate new transfers or use the Privacy Shield framework during this interim period. Staying informed about updates and guidance from the ICO is crucial to ensure compliance with data protection requirements.

REVIEW EXISTING SCCS

The CJEU's judgment has broad implications for all transfers of EU personal data to jurisdictions that do not currently have an adequacy decision in place. If your organization relies on the June 2021 standard contractual clauses (SCCs), or plans to do so, for transferring personal data of individuals in the EU to third countries (including the US), it is crucial to review these clauses and ensure their enforceability in the specific third country.

Additionally, it is important to address any potential conflicts that may arise when the destination country's laws are incompatible with the GDPR. Finding appropriate solutions or safeguards to mitigate these conflicts is essential for ensuring compliance with data protection regulations.

Furthermore, staying updated and vigilant regarding any further protection measures or guidance that the European Data Protection Board (EDPB) may introduce regarding the use of SCCs is advisable. Keeping a close eye on any developments in this area will help ensure that your organization remains in line with evolving data protection requirements and best practices.

The effect of Brexit

The Schrems II ruling, delivered in July 2020 during the Brexit transition period, remains part of the "acquis" or common law of the EU, which still applies in the UK. However, as Brexit took place on 1 January 2021, the UK's Information Commissioner's Office (ICO) introduced its own set of Schrems-compatible SCCs called the International Data Transfer Agreement (IDTA) in March 2022. British businesses are required to use the IDTA instead of the June 2021 EU SCCs for data transfers outside of the UK that are subject to the UK GDPR, the amended version of the GDPR applicable to the processing of personal data of individuals in the UK.

However, there is a caveat with the IDTA. It is specifically designed for transfers of data originating from the UK and subject to the UK GDPR. If a UK-based exporting organization intends to transfer data that falls under both the unamended EU GDPR (applicable to individuals in the EU) and the UK GDPR, they must use the June 2021 EU SCCs in combination with an additional ICO document called an "Addendum." The Addendum aligns the language of the EU SCCs with UK data protection terminology to ensure compliance with both sets of regulations for transfers involving personal data of individuals in the UK and the EU.

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CONSIDER OTHER OPTIONS FOR TRANSFERRING PERSONAL DATA TO THE US?

The CJEU has identified certain derogations under GDPR Compliance that can be used to facilitate personal data transfers to the US. One such derogation is when the data subject has provided informed and freely given consent for their data to be transferred abroad. However, even in these cases, additional safeguards and controls must be implemented to ensure GDPR Compliance with requirements. Another derogation allows for data transfers that are "necessary" for the performance of a contract. However, it is important to seek expert advice in such cases because the interpretation of transfers under this option is likely to be narrow. It is crucial to carefully assess and ensure that the transfer meets the specific requirements and conditions outlined in GDPR Compliance to maintain legal compliance. Overall, while there are limited derogations available under GDPR Compliance for personal data transfers to the US, it is crucial to exercise caution, seek expert guidance, and implement appropriate safeguards to ensure GDPR Compliance with data protection regulations.