Can a contracting authority allow a tender to be corrected after the tender deadline?

Although the case is Scottish, and decided under the Scottish regulations, the decision is of interest to all procurement professionals for the way it applies the EU principles of proportionality and equal treatment. The Court considered several authorities on tender errors and clarifications. For contracting authorities, this case highlights the perils associated with exercising flexibility in applying their own specified instructions to tenders in terms of the principles of proportionality and equal treatment. Read Full Article…

Do employers have to accommodate employees who are breastfeeding?

There is no statutory right to time off for breastfeeding or expressing milk. There are, however, health and safety provisions, and useful guidance. The recent employment tribunal case of McFarlane and another v easyJet Airline Company Ltd ET/1401496/15 & ET/3401933/15 is an interesting case, as there are few tribunal decisions on this issue. Whilst this case is not binding on other tribunals, it does make clear that employers must at least consider accommodating the needs of breastfeeding employees. Read Full Article…

Can IP addresses constitute ‘personal data’ under the Data Protection Directive 95/46/EC?

In Breyer v Bundesrepublik Deutschland Case C-582/14 (12 May 2016), the Advocate General delivered an opinion in response to a referral from the German Federal Court of Justice. The Advocate General found that an internet protocol (IP) address can be personal data for the purposes of the Data Protection Directive 95/46/EC.

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