Legal Consideration - 2 Flashcards

1
Q

The bribery act (2010)

A

There’s a difference between bribery and hospitality

Bribery threatens objectivity, integrity and pro behaviour and due care.

Gifts may be excessive by inducing them to perform a relevant function

Active bribe - bribing someone
Passive bribe - accepting

Companies can be liable and lead to imprisionment up to 10 years and or unlimited fine

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2
Q

The fraud act (2006) describe

A

Dishonesty obtaining an advantage, causing lose to another party

Fraud = intensional, dishonesty, opportunity

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3
Q

Three distinct offences of fraud

A
  1. Fraud by representation
  2. Fraud by failing to disclose info
  3. Fraud by abuse of position
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4
Q

The data protection act (1998) - protection principles

A
  1. Processed fairly and lawfully
  2. Obtained for lawful reasons
  3. Not kept longer than necessary
  4. Kept up to date
  5. Kept secure
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5
Q

data protection act (1998) - registration of holding data

A
  1. Name and address
  2. Data held description
  3. Source data spdesription
  4. Name of person of data disclosed
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6
Q

What is the role of the ICO

A

Information commissioners office

Maintains public register of data control

Criminal offence to fail to register (have 28 days) but compensation is through the civil action to solve

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7
Q

Health and saftey

A

Employees - take reasonable care, do not put others at risk, report any injuries

Employers - provide safe working environment, set up emergency plans, prevent risk to health

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8
Q

Employment protection and equality laws

A

Employees have rights to dismissal
Wages, sickness, holidays
Maternity and paternity leave

Not to be discriminated against

Equality act (2010) safeguards these rights

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