Kavitha Gupta's blog

Personnel data within company group – an internal matter? Newsletters February 15 2017 | Contributed by CMS Hasche Sigle Introduction An email such as the following from a group company headquarters may seem unspectacular at first glance: "Please provide us with a complete list of all employees working at your company including details regarding age, entry date, position and remuneration by tomorrow, COB." A human resources (HR) department may quickly compile the requested list and send it to the headquarters without further inquiry, overlooking – as is often the case – that such a transfer of details entails significant risks under data protection law. Data transfers between group companies are often regarded as an internal matter and this appears to be true, especially if the parent company cites reasons for its inquiry that appear plausible (eg, conducting a due diligence review, introducing group-wide know-how databases...

Liability caps of no use without binding agreements Newsletters January 30 2017 |   Mayer Brown International LLP A specialist concrete subcontractor made a £40 million claim against its consultant, alleging defective design. (1) The consultant denied liability and argued that, even if it were liable, there was a simple contract with a liability cap of £610,515. The court had to decide whether there was a contract and whether any of the three sets of competing terms and conditions, and the cap, were incorporated in it. The court found there was a simple contract which was not "subject to contract". Work was done and paid for on the basis of instructions from the subcontractor, which were accepted by the consultant, as evidenced by its conduct in undertaking the work. Further, none of the sets of terms and conditions and the schedule containing the liability cap were incorporated in that contract. While the court should always...

INTERNATIONAL WORKERS (IWs) UNDER THE EMPLOYEES’ PROVIDENT FUND SCHEME, 1952 AND THEIR COMPLIANCE. By: S K Gupta, Advocate, Supreme Court of India,                         The special provision i.e. paragraph 83 of the Employees’ Provident Fund Scheme,1952 ( in short the ‘Scheme,1952’) as well as paragraph 43A of the Employees’ Pension Scheme,1995 ( in short the ‘Pension Scheme,1995’) have been given effect from 1 st October’2008 for compliance of IWs. Subsequently, certain amendments have been carried out vide notification dated 3 rd September’2010.  As many as five years have been lapsed to the insertion of the riders in respect of IWs in the Scheme, 1952 and the Pension Scheme, 1995 thereof, still many questions, queries and legal opinions are being hunted by the establishments, particularly IT sectors, multinational companies, Air-lines, International Sport Company and Hotel...