On 16 August 2012, the ICO published guidance on deleting personal data under the Data Protection Act 1998 (DPA). The guidance describes how organisations can ensure compliance with the DPA when they delete or archive personal data, and explains what the ICO means by deletion and archiving and introduces the…
Articles Posted in Regulatory and Compliance
TUPE: Service Provision Change – Do we need this provision?
Under the previous 1981 Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) and the EU Acquired Rights Directive (ARD) it was not clear whether the definition of a relevant transfer caught “outsourcing” activities where there was a change of service providers or a contracting in or out of services.…
Increased Hiring Requirements for Federal Contractors: Mirroring European Laws?
The U.S. Department of Defense, General Services Administration and the National Aeronautics and Space Administration (NASA) have issued a proposal to amend the Federal Acquisition Regulation (FAR) implementing Executive Order 13495 , which will require government contractors that take over service work from other companies to offer jobs to certain…
European Commission launches consultation on Internet of Things
Back in 1999 Kevin Ashton, the British technology pioneer and cofounder of Auto-ID Center at MIT (creators of the global standard system for radio-frequency identification (RFID)), coined the term, the Internet of Things, to describe “uniquely identifiable objects (things) and their virtual representations in an internet-like structure.” Put simply, the…
Deadline Approaching For Companies holding Massachusetts Residents’ Personal Data
The last outstanding requirement of the 2010 Massachusetts Data Protection Law relates to third-party service provider compliance and will take effect on March 1, 2012. Section 17.03(2)(f)(2) of the Law mandates that entities holding Massachusetts’ residents’ personal information require their third-party service providers to contractually commit to implementing and maintaining…
Congress Takes On Outsourcing Call Centers Overseas
In the waning days of 2011, a measure was introduced in Congress directed at U.S. companies utilizing overseas call centers that may not have attracted much attention. However, given the current economic environment, industry press and at least one foreign government have taken note of the bill. On December 7,…
To B-1 or to H-1B? The Service Provider’s Dilemma
We have previously discussed on this blog the increasing difficulty that offshore service providers are facing in obtaining U.S. visas for its employees that are non-U.S. citizens (see “The Buzz about Visas for Offshore Service Provider Personnel and the Link to On-Shore Hiring“). The rejection rate for H-1B visa applications…
Indian Government Clarifies Application of Privacy and Security Rules
With the same lack of fanfare that accompanied the April 13 release of the Reasonable Security Practices and Procedures and Sensitive Personal Information rules , today the Indian government released a clarification to those rules to address the most serious concerns arising from ambiguities in the original provisions. As we…
The Buzz about Visas for Offshore Service Provider Personnel and the Link to On-Shore Hiring
The press has recently given much attention to the growing difficulty of securing U.S. visas for offshore provider personnel and the impact on U.S. clients. In fact research firm CLSA Asia-Pacific released a report this past week downgrading its outlook for the Indian IT Services Sector citing “the visa issue…
Proposed FCC changes may have big impact on Telecom costs
For most enterprise customers, telecommunications regulation is a fact of life, requiring buyers to do what they can during negotiations to mitigate changes in state and federal law that could result in substantial cost increases during the term of the contract. Now, the Federal Communications Commission (FCC) is considering sweeping…