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Francesca Jus-Burke

Department Corporate, GDPR and UK data protection Qualified England & Wales, 2018 Education (University) Loughborough University Languages English, French (fluent)

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You, Francesca Jus-Burke
& Ince, in any case

Francesca is an associate within the firm's corporate/commercial practice.

Francesca advises clients operating across a broad range of industry sectors in relation to cross-border M&A, JVs, share disposals/allotments, corporate governance, private equity investments, company secretarial matters and general commercial issues. Francesca also has employment and data protection experience.

What you may not know about Francesca

Francesca used to row for Great Britain with her highest sporting achievements being a silver medal at the Under 23 World Rowing Championships and a win at Henley Women’s Regatta. In her spare time she assesses coaches on the British Rowing coaching award. Francesca also sits on the firm’s Corporate Social Responsibility committee.

Professional associations & memberships

  • Member of the Association of Women Solicitors
  • Member of British Rowing
  • Trustee of Fulham Reach Boat Club

My matter highlights

Corporate

  • Advised a US-listed buyer on the $350m purchase of a Greek shipping company.
  • Assisted a US buyer on the £17m acquisition of a UK company, which included a buy-back and drag along.
  • Advised a Danish marine fuel company on its £29m share and asset acquisition of a Singaporean holding company and its subsidiaries.
  • Assisted a company incorporated under the old Companies Act with an allotment of shares.
  • Managed the voluntary strike off of the UK subsidiary of a Greek company.
  • Assisted a UK company seeking inward investments from a private US investor.
  • Advised a client on the buyback of their £2m private shareholding.

Commercial

  • Carried out a high level review of a supply of services contract for a purchasing client and subsequently drafted agreed terms.
  • Advised a yacht-building client on the effects of the Consumer Regulation Act and the Consumer Sales and Guarantees Directive on warranty policy wording.
  • Advised the UK subsidiary of a US-listed client on the termination of Hire Purchase Agreements owning to defends and the right of rejection.

My recent publications

Insights / Data protection: European Commission kicks off UK adequacy process

12-03-2021 /

The European Commission (“Commission”) recently published its draft EU GDPR¹ adequacy decision (the “Draft Decision”)², for data flows between the European Union (“EU”) and United Kingdom (“UK”) bringing the UK closer to a positive decision on the continued free flow of personal data from the EU into the UK.

Data protection: European Commission kicks off UK adequacy process

Insights / Lockdown 3: Electronic signatures and virtual execution

12-02-2021 /

This is an update to our March 2020 article on electronic signatures following the Law Society’s recent guidance on how English law governed contracts can be signed using electronic signatures (“e-signatures”).

Lockdown 3: Electronic signatures and virtual execution

Insights / Data Protection - Do we need to appoint a GDPR article 27 representative in the EU?

25-01-2021 /

An EU representative is a natural or legal person appointed to represent controllers or processors not established in the EU (EU Representative). To be established in the EU means you have a branch, representative office or other unincorporated presence there.

Data Protection - Do we need to appoint a GDPR article 27 representative in the EU?

Insights / Getting ready for Brexit - Data Protection

18-11-2020 /

With the end of the Brexit transition period approaching on 31 December 2020, we consider what implications this will have for data protection in the UK.

Getting ready for Brexit - Data Protection

Insights / Data Protection: The Implications of Schrems II for International Data Transfers

17-11-2020 /

The judgment handed down by the Court of Justice of the EU (CJEU) on 16 July 2020 in Schrems II ¹ had significant implications for the transfer of personal data outside of the European Economic Area (EEA).

Data Protection: The Implications of Schrems II for International Data Transfers

Insights / Covid-19: New UK Government guidance on responsible contracting

22-05-2020 /

At a time when companies are working through the impact of Covid-19 on their business, employees, contracts and supply chains, the Government has issued guidance on ‘responsible contractual behaviour’ for contracts ‘materially impacted’ by Covid-19 (i.e. those too difficult or impossible to perform). It calls on parties to act responsibly and fairly during the Covid-19 pandemic in order to protect businesses, jobs, supply chains and the UK’s economic recovery.

Covid-19: New UK Government guidance on responsible contracting

News / COVID-19: Are you(r contracts) frustrated?

16-04-2020 /

Following on from Ince’s recent article on force majeure clauses, we consider the common law rules on frustration. Frustration may provide relief for parties under English law governed contracts entered into before the onset of COVID-19 which are now difficult or impossible to perform and where there is no force majeure clause in the contract or a force majeure clause does not sufficiently capture an event such as COVID-19.

COVID-19: Are you(r contracts) frustrated?

News / COVID-19: What are the implications for data protection?

24-03-2020 /

As governments work to contain the COVID-19 pandemic and companies implement emergency measures to comply with public health initiatives, it is important that any steps taken are consistent with the EU General Data Protection Regulation (“GDPR”). We set out below the basic data protection questions you may have from a UK perspective.

COVID-19: What are the implications for data protection?

News / EU GDPR enforced against a Canadian data analytics company

06-02-2019 / Energy & Infrastructure

The UK data protection regulator has issued its first enforcement notice against a non-EU company. Canadian AggregateIQ Data Services Ltd (AIQ), which is alleged to have ties to Cambridge Analytica, used the personal data of Facebook users to target pro-Brexit advertisements at prospective voters online during the Brexit referendum campaign.

EU GDPR enforced against a Canadian data analytics company

News / How important is the temporary nature of assignments in determining whether an employee is an agency worker?

01-11-2018 /

In Brooknight Guarding Limited v Matei [2018], the EAT considered the importance of the temporary nature of an assignment in determining whether a worker on a zero hours contract is an agency worker.

How important is the temporary nature of assignments in determining whether an employee is an agency worker?

News / Is a five-month cessation of activities long enough to disapply TUPE?

01-11-2018 /

The ECJ in Colino Sigüenza v Ayuntamiento de Valladolid and others (Case C-472/16), considered whether the Acquired Rights Directive applied when there was five-month gap between the termination of a concession to run a public school and resumption by another contractor.

Is a five-month cessation of activities long enough to disapply TUPE?

News / Insolvency and corporate governance: New powers to tackle reckless directors

01-11-2018 /

The Government has responded to the consultation by the Department for Business, Energy & Industrial Strategy (BEIS) and The Insolvency Service on proposals to improve the corporate governance of firms that are in or approaching insolvency.

Insolvency and corporate governance: New powers to tackle reckless directors

News / National Minimum Wage penalties for employers with staff who transfer under TUPE

01-11-2018 /

HMRC has changed its approach to how it apportions National Minimum Wage liabilities, including penalties, between the former employer and new employer in a transfer situation.

National Minimum Wage penalties for employers with staff who transfer under TUPE

News / The status of legal privilege in employment advice

01-11-2018 /

In X v Y Ltd [2018] the EAT considered whether email advice that a firm could use a redundancy exercise as a “cloak” to dismiss an employee provided sufficient evidence of iniquity to prevent legal professional privilege being claimed over its contents.

The status of legal privilege in employment advice

News / Corporate Governance Code 2018

19-09-2018 /

A new Corporate Governance Code designed to attract long-term investment to the UK and promote integrity in business will apply to premium listed companies, for financial years beginning on or after 1 January 2019

Corporate Governance Code 2018

News / Does an employee need to read a notice of dismissal?

28-06-2018 /

Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood  [2018] UKSC 22 

Does an employee need to read a notice of dismissal?

News / Must an employer know that misconduct arose from a disability?

28-06-2018 /

The Court of Appeal in City of York Council v Grosset [2018], considered whether, following the dismissal of a disabled employee, discrimination arising from disability had occurred despite the employer not knowing that the misconduct arose from their disability.

Must an employer know that misconduct arose from a disability?

News / Can there be gross misconduct where there is no single identifiable act of misconduct?

28-06-2018 /

The EAT in Mbubaegbu v Homerton University Hospital NHS Foundation Trust [2018] considered whether a hospital trust had fairly dismissed a consultant for misconduct where there was no single act of gross misconduct.

 Can there be gross misconduct where there is no single identifiable act of misconduct?

News / Taylor Review: Government response

19-04-2018 /

In February 2018, BEIS set out the Government response to the Taylor Review of Modern Working Practices published in July 2017.

Taylor Review: Government response

News / BHS Company Voluntary Arrangement – Landlord CVA win

16-04-2018 /

In a year fast becoming dubbed the “year of the CVA” in the retail sector, there was a cautionary tale for insolvency practitioners following the recent High Court judgment in Re SHB Realisations Ltd (formerly BHS ltd (in liquidation).

BHS Company Voluntary Arrangement – Landlord CVA win