Data protection for Private Client

Individuals, trustees, personal representatives and their advisers are subject to increasingly numerous and far reaching compliance and regulatory obligations. While seeking to navigate the regimes aimed at increasing transparency and minimising tax evasion worldwide, at the same time as ensuring compliance with data protection rules, trustees must have regard to their fiduciary duties and other trust law principles, such as confidentiality.

Data protection and the EU and UK General Data Protection Regulations

On 25 May 2018, the EU General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) came into effect in the UK, along with many parts of the Data Protection Act 2018 (DPA 2018). The EU GDPR introduced several changes to the data protection regime, including:

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an increase to the territorial scope of EU data protection law
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additional and extended data subject rights
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additional obligations and liabilities for data controllers and data processors
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increased powers for the supervisory authorities (such as the Information Commissioner's Office)

Retained Regulation (EU) 2016/679 (UK GDPR) replaced the EU GDPR, from 11 pm (UK time) on 31 December 2020. Assimilated law

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Latest Private Client News

Private Client weekly highlights—30 January 2025

This week’s edition of Private Client highlights includes: (1) MacPherson v Sunderland City Council, in which the Court of Appeal clarified the proper method for assessing mental capacity in litigation; (2) XY withdrawal of treatment, a decision concerning the relevance of P’s religion and belief in prolonged disorder of consciousness cases; (3) the Hansard Society highlights concerns over delegated powers in the Terminally Ill Adults (End of Life) Bill; (4) Demetriou v Revenue and Customs Commissioners, which held that a fisheries business did not qualify for business property relief; (5) Bryan Robson Ltd v HMRC, in which the FTT decided that IR35 does not apply to consideration attributable to the exploitation of image rights; (6) further analysis of the Supreme Court decision in Hirachand; and (7) Private Client launches new Regulatory compliance for Private Client topic.

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House of Lords resume examination of Mental Health Bill

The Mental Health Bill has undergone day four of the committee stage where members continued the in-depth analysis of the Bill; held on 27 January 2025, which seeks to amend provisions of the Mental Health Act 1983 in relation to mentally disordered persons; and for connected purposes. Members proposed changes that cover issues such as: protecting children from exploitation or manipulation and recording patients escorted to accident and emergency by the police.

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Private Client analysis: In the latest case to deal with the challenges posed by fluctuating capacity, the Court of Protection (Mrs Justice Theis) granted anticipatory declarations sought by a local authority regarding the care of KZ, a profoundly deaf young man. Where KZ’s capacity fluctuated but the periods of incapacity were clear, such anticipatory declarations were the most appropriate response. An earlier assessment that KZ totally lacked capacity had failed to take account of his needs as a deaf person. Written by Kyle Bonnell, pupil at XXIV Old Buildings.