As data controllers, universities are responsible for the personal data they hold on staff, students and third parties, and the way that data is processed.
The effective use of data is being seen and used as a business-critical asset by higher education institutions (HEIs). However, the regulatory landscape is also highly complex. A data breach can have a devastating effect on a university with the prospect of significant fines being imposed by the Information Commissioners Office (ICO), payment of compensation to affected data subjects, reputational damage and criminal prosecutions.
Our team of highly experienced data protection and information law experts has the in-depth knowledge and experience to help universities utilise data to support their business objectives as well as assisting them in remaining fully compliant at all times and supporting them in the event of a data breach or other misuse of private or confidential information.
We advise on the full spectrum of information law issues including:
With bases in London, Birmingham, Manchester, Exeter, Dublin and our founding city of Nottingham, and links across the globe, we’re a national law firm with international reach. You’ll be able to access subject-specialist, leading lawyers who will draw upon their expertise of high-profile cases to advise you. Our experts in the higher education sector work closely with colleagues in the information law team to provide seamless assistance to institutions as needed.
Assisted a HEI in defending an appeal in the First Tier Tribunal against the refusal of a FOI request relating to its testing processes and bringing a cross-appeal in relation to the disclosure ordered by the Information Commissioner.
Assisted a HEI in relation to breach of confidence proceedings against a student who wrongfully accessed personal data of other students and refused to return or delete it.
Successfully defended a HEI against a data breach claim arising from its disclosure of information about a student to the Office for Students.
"While the team have detailed knowledge of the education sector, they consistently take a pragmatic approach that supports the clients understanding and ensures decisions are meaningful. They understand the requirements to such an extent that options, and recommendations, are clear and timely."
"[Ros] is incredibly thorough, detailed, pragmatic and a pleasure to deal with."
"They are very reliable and provide us with reassuring advice."
"They care about this area of work and seem to really enjoy doing it."
Browne Jacobson’s education team has been named as winner of the ‘Legal Advisors to Education Institutions’ category at the Education Investor Awards 2022 for a record sixth time.
Over 3000 young people from across the UK and Ireland took part in a virtual legal careers insight event, aimed at making the legal profession more diverse.
Browne Jacobson’s education team has again been confirmed as a national powerhouse after securing five Tier 1 rankings relating to Education in the latest edition of Legal 500 and maintaining a Band 1 UK-wide ranking for Education in Chambers & Partners UK 2023.
Law firm Browne Jacobson and the University of Nottingham are launching a ground-breaking two and a half year Knowledge Transfer Partnership which aims to develop and embed long-lasting equality, diversity and inclusion (EDI) principles and learnings into the firm’s practices and processes, amongst its key client-bases and the national legal sector.
In an academic environment, there can be pressures to publish, particularly where funding is dependent upon research and reputation. Whilst there can be competition between Higher Education establishments to be the first to publish, there can also be internal conflicts over authorship rights where several individuals have contributed to the work.
In July, the long-awaited statutory guidance on the Subsidy Control Act 2022 (Act) was published in draft form (Draft Guidance). A consultation on the draft guidance has recently ended and the results have not yet been published – it may therefore change before the final version is published.
In July 2022, the Supreme Court handed down its long-awaited Judgement in the case of Harpur Trust v Brazel relating to the correct calculation of statutory holiday pay for part year workers. This decision has implications for all part year workers on contracts which subsist all year round, whether their hours are normal or irregular.
Universities and colleges are not immune from deception by unscrupulous bad actors. The extent to which educational institutions can manage and control risk not only depends on financial management and internal controls, but also the robustness of security and processes which can be exploited from outside the organisation.
In University of Dundee v Chakraborty, the Employment Appeal Tribunal (EAT) considered whether a first draft of a grievance report could retrospectively be deemed to be privileged.
Since the UK left the EU and are now able to move away from the EU data protection regime, the UK government have implemented a national data strategy with the aim of reducing the burden on organisations but maintaining a high data protection standard.
The long-awaited publication of the Research Excellence Framework (REF) 2021 provides universities with opportunities to generate additional income and build upon the quality of their research output.
In this edition we provide you with the latest in legal updates, news and insight from the higher education sector.
Cases involving the handling allegations of harassment and sexual misconduct by Universities continues to hit the news. They are clearly difficult issues for Universities given the competing duties owed to both the reporting individual and the alleged perpetrator and the inevitable sensitivities around the nature of these matters.
The data protection legislation (namely, the UK GDPR and Data Protection Act 2018) contain various provisions that deal with the processing of personal data for research purposes.
National law firm Browne Jacobson has grown its team behind its dedicated Space + Time executive coaching programme with the addition of two more qualified coaches who will work with clients in the education sector.
In this edition we provide you with the latest in legal updates, news and insight from the higher education sector.
Five considerations for HEIs when undertaking an IT procurement for largely “off the shelf” small-scale student-facing applications for online teaching, knowledge stores and document repositories etc.
What does the HSE's decision to prioritise occupational health inspection & enforcement activities mean for higher education institutions?
To continue to meet legal obligations, higher education institutions must consider threshold figure changes in the Cabinet Office review.
Fire safety regulation is undergoing a period of evolution, with many new & far-reaching fire safety developments having significant implications for those responsible for educational premises.
The new regime is of direct relevance to the Higher Education Institutions (HEIs) which work within many of the areas covered by the Act.
A ResPublica report highlighted that asbestos continues to be the UK’s number one occupational killer, with nurses and teachers 3 to 5 times more likely to develop mesothelioma than the general UK population. The House of Commons Work & Pensions Select Committee is investigating how the HSE manages the continued presence of asbestos in buildings.
In this edition we provide you with the latest in legal updates, news and insight from the higher education sector.
Our top tips for Higher Education Institutions supporting disabled students on higher or degree apprenticeships.
What does digital transformation (DT) mean to you? Because as it turns out, it means different things depending on who you ask.
Following the defeat of the Government in respect of the prorogation case in 2019, the Government commissioned an Independent Review of Administrative Law in 2020.
We consider each of the ‘action areas’ of the draft strategy & what it might mean for higher education.
A joint guidance paper written in collaboration between Browne Jacobson and the National Governance Association (NGA) on academy mergers within the education sector has been released today.
Tomorrow, (Wednesday 27th October), national law firm Browne Jacobson will host its second FAIRE: virtual work experience and legal careers insight event, in partnership with Young Professionals.
Browne Jacobson’s education team has been confirmed as a national powerhouse after securing five Tier 1 rankings in the latest edition of Legal 500 for the very first time, and maintaining its Band 1 UK-wide ranking for Education (Institutions – Schools) in Chambers & Partners UK 2022.
Women may have broken down many professional and personal barriers, but significant gender disparity remains in the research and development community.
In Sakyi-Opare v Albert Kennedy Trust, the EAT held that an Employment Tribunal erred in deciding a claim was out of time because it did not first consider the claimant’s application to amend her claim, which included events that post-dated her claim.
This year’s A Level results have been a resounding success and demonstrate the commitment and resilience of students, schools and school staff during these unprecedented times. However, there will inevitably be some students who are disappointed with the teacher assessed grade.
