Massive fine for Uber of EUR 290 million

On 26 August the Dutch Data Protection Authority (DPA) fined Uber EUR 290 million for a breach of the General Data Protection Regulation (GDPR). Following a number of complaints from French Uber drivers, the DPA found that Uber transferred personal data relating to European drivers to the US without adequately protecting those data in doing so. The DPA marked this ‘a serious violation of the…

Poland implements worker protection against reprotoxins

The amendment, which went into effect on 29 June, transposes a 2022 EU Directive into Polish law. It adds several named reprotoxins to the section of the Labour Code that covers carcinogens and mutagens in the workplace. Work is also under way to issue secondary legislation imposing new duties on employers. In accordance with the new law, employers must strive to replace reprotoxins with substances…

Dismissal for a single (serious) act

Can an employer dismiss an employee for a single wrongful act? And if so, does this wrongful act make the employee liable for damages caused to the employer? The Luxembourg Court of Appeal answered these questions in a recent case. In this case, an employee caused an accident while moving a 15-tonne forklift tractor to retrieve his 3-tonne forklift. The employee had neither the training…

Diversity and inclusion: what’s new and what’s coming up?

Promoting diversity and inclusion in the workplace is a fast-moving area of law and HR practice. What’s new across the world? Harassment In the wake of the #MeToo movement, many jurisdictions implemented or improved harassment protections and that trend is still evident across the world. In Denmark the government and social partners have entered into a wide-ranging agreement on sexual harassment to foster change. Consisting…

New guidelines for retention of emails

The  Italian Data Protection Authority has adopted an updated version of a guideline document on email retention that it originally issued in December 2023, but which had been suspended. The document is entitled ‘Computer programmes and services for email management in the workplace and metadata processing’. With this document, the Data Protection Authority states that it intends to provide employers with guidelines on how to manage employee email accounts, and…

Significant labour reforms in Argentina

After a long debate, the administration of President Milei, elected in November 2023, finally got its first law passed on 27 June 2024. This new law, formally titled ‘Bases and Starting Point for the Freedom of Argentineans’, includes several titles, such as a Declaration of Emergency and State Reform, the dissolution of national agencies, privatisations, changes in administrative procedures, changes in the legal regime for…

Youth in the digital age: challenges and opportunities

As we celebrate Youth Skills Day, a global initiative established by the UN in 2014 to underscore the critical role of skill development for young people in fostering employment, decent work and entrepreneurship, it is crucial to examine the emerging challenges that young workers face in today’s evolving world of work and to explore innovative solutions that are ready to confront these challenges directly. In…

Can a hidden workplace affair lead to dismissal?

In a recent judgment, France’s Court of Cassation approved the dismissal of a senior executive who had maintained a hidden romantic relationship for more than four years with another employee. The executive had been granted various delegations of authority, including the authority to chair staff representative bodies. The employee held union and staff representation mandates. These positions were crucial to the outcome of the case.  …

Employment or a favour for a friend?

A bicycle dealer in Denmark was fined DKK 10,000 (about EUR 1,340) because one of his friends who did not have a work permit had helped him carry a few bikes into the bike shop. It is a criminal offence to employ a foreign national who does not have the required work permit. However, the term ‘employment’ is not defined in the Aliens Act, so the…

Tax regulations for ‘inpatriate’ employees

Many countries have special tax regimes designed to attract qualified staff from abroad, and this is part of a series of articles in which we are covering some of these regimes. A law for the promotion of the start-up ecosystem, which went into effect as of December 2022, modifies the Spanish Special Tax Regime applicable to workers, professionals, entrepreneurs and investors who relocate to Spain. The…