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20 April 2018
Categories: Legal News , Profession , Data protection
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BarTalk-ing about GDPR

BarTalk, the Bar’s fortnightly newsletter, has published a special issue on the General Data Protection Regulation (GDPR) and how it will affect barristers.

The GDPR, due to take effect on 25 May in the UK, introduces more stringent safeguards on the use of personal data across EU Member States. The Data Protection Bill will implement GDPR provisions into UK law—the Bar Council is hoping its concerns over legal professional privilege and immigration law will be tabled as amendments at Report Stage.

The newsletter highlights various key issues, for example, that self-employed barristers are ‘data controllers’ not ‘data processors’, with some exceptions, and so should not enter into a data processing contract with solicitors’ firms. A data processing contract may conflict with a barrister’s code of conduct obligations and their duty to the court.

It also contains links to the IT Panel’s chapter-by-chapter blog on what barristers and chambers need to do to prepare for the GDPR, and links to other useful sources of information such as its GDPR Toolkit.

Melanie Mylvaganam, Bar Council Policy Analyst: Legal Affairs, Practice & Ethics, said: ‘The Bar Council has been working tirelessly to prepare the profession through its advice documents, blogs and articles, practical resources and training seminars.

‘Protecting your client’s personal data is a legal obligation as well as an ethical one.’

Jacqueline Reid, 11 South Square, Chair of the Bar’s IT Panel, said: ‘The GDPR requires a far greater focus on the minimisation of the data we keep.

‘Ask yourself why you are keeping it and whether you could justify that decision to your clients, the Bar Standards Board and the Information Commissioner’s Office if there was an unauthorised disclosure. Set up your systems to make it easier to know when to delete it and then actually delete it.’

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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