Governace And The Law Flashcards
Governance :
Governance comprises the framework of authority and accountability that defines and controls the outputs, outcomes and benefits from project , programmes and portfolios
Governance: for project based working informs ?
Corporate governance and when effective provides confidence to the board of directors that investment in projects, programmes and portfolios are being well managed
Governance principles:
- ensures roles and responsibilities of the team and wider stakeholders are clearly defined
- take responsibility for confirming that decision making is being effective and efficient
- ensuring that the investing organisations maintains the right capacity and capability to deliver work
- empowers project professionals to excite their responsibilities, by defining delegated limits of authority and establishing effective escalation routes for issues and change requests
Governance can be applied to different parts of a business :
- corporate governance - looks at overall strategy of this business
- operational governance - looks at the day to day running of business
- business change governance - which is concerned with the projects , programmes and portfolios
Because running a project is to take risk then we can use governance to give our projects a ?
Framework and rules to follow which help to control , monitor and deliver the project
Why is governance needed ?
- governance ensures that the roles and responsibilities of the team and wider stakeholder groups are clearly defined
- takes responsibility for confirming that decision making is being made efficiently and effectively
- ensuring that the investing organisation maintains the right capacity and capability to deliver the work
- empowers project professionals to execute their responsibilities, by defining delegate limits of authority and establishing effective escalation routes for issues and change requests.
- ensures that all requirements of the preceding phase of the chosen lifecycle are met before work progresses to the next phase
- the decision point between lifecycle phase (gates) rely on assurance of the work carried out so far and on competent integrated plans and reporting for work to come
Effective governance : good governance should give us ?
- consistency of approach , so that everyone is using the same methodology , same activities are done during the same phases of the lifecycle, use of templates for thing like risk registers and configuration libraries
- continuity of approach - if we have clearly defined processes that are recorded and clearly defined, then we can swap key team members in and out of the project as and when necessary without loosing progress
Clarity of approach - so that we avoid or minimise misunderstanding at all levels throughout our project teams and stakeholders
Health and safety act 1974 and approve codes of practice: Employers duty of care - to provide / ensure
- safe place of work and access for employees
- safe working practices, adequate materials and competent employees
- employees aware of this responsibilities
- protection of the public at large
Health and safety act 1974 and approve codes of practice: employee responsibilities to ensure they ;
- follow guidelines , report issues
- remain within competence
- do not misuse equipment
- take personal responsibility
Environmental considerations
- noise
-dust
-other pollution
-flora and fauna
-waste
-sustainability
-disposal
The main legislation governing employment law is as follows :
Employments rights act 1996
National minimum wage act 1998
Working time regulations 1998
Public interest disclosure act 1998
Employment relations act 1999
Employment act 2002
Contract law - the main areas consisted under contract law include
- Formation of contract (offer, acceptance, consideration, intention)
- capacity to form contact
- contents (terms, exclusion)
- vitiating factors (misrepresentation, mistake, duress, illegality)
-remedies (damages performance)
GDPR ACT 2018 includes the following principles :
- Lawful, fair & transparent processing - based on legitimate purpose, take responsibility for the data. Must inform the data subjects about processing their personal data.
- Limitation of purpose, data & storage - limit the processing of data, collect only that which is necessary. Not keep data once processing is complete
- Data subject rights - data subjects have the right to ask a company what information they have stored about them, what they do with the information. They also have the right to ask for correction, object to processing, lodge a complaint or ask for deletion of personal data.
- Consent - as when a company has intent to process personal data beyond the legitimate purpose for which it was collected a clear and explicit consent must be asked from the data subject. This must be documented and can be withdrawn at any moment.
- Personal data breaches - organisations must maintain a personal data breach register. The subject should be informed within 72 hours of identifying the breach.
- Privacy by design - complained should incorporate organisational and technical mechanisms to project personal data in the design of new systems and process.
- Data protection impact assessment- this should be conducted when initiating a new project , change or product
- Data transfers - the controller of personal data has the accountability to ensure that personal data is protected and GDPR requirements respected, even if processing is being done by a third party
- Data protection officer - when there is a significant processing of personal data in a organisation, the organisation should assign a data protection officer
- Awareness and training- organisations must create awareness among employees about key GDPR requirements and conduct regular training to ensure that employers remain aware of their responsibilities with regard to the protection of personal data and the identification of personal data breaches ASAP.
How does law affect a project ?
Defines part of scope- example - if we are constructing a building , then we will need to procure hard-hats for anyone working on site which will need to be included when scoping potentially
Defines processes - laws can define what actions we do in which order, so that we have to follow process exactly as specified
Defines stakeholders - it can give us direction as to which stakeholders we will need to engage with, helping to identify them and even to analyse their level
Defines risks - like stakeholders, knowing the laws we have to adhere to will give us an indication of the risks we might face and even the risks we have if project was to do something illegal
