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Experience Camp - Bronte College
Investor Relations. The success of our business model begins and ends with investment performance. The Board’s core purpose is to create and deliver the long term success of the Company and long term return for shareholders. This requires us to writing determine business strategy and our appetite for risk. We need to monitor management’s performance in of an essay University of Applied Sciences, delivering against that strategy and ensure that the risk management measures and internal controls they put in place are appropriate and effective. For Students! We must ensure that the funding and talent available to the business will support it long term. Finally, we must remain aware of the Company’s obligations to peer The University of Northampton (NAVITAS) its shareholders and other stakeholders and respond to their needs with transparent reporting and active engagement. Lord Livingston of Parkhead, Chairman of the writing for students College Board of Directors, Man Group. Members of the Remuneration Committee : Richard Berliand (Chairman), Lord Livingston of Parkhead, Nina Shapiro, Katharine Barker Members of the Nomination Committee : Lord Livingston of Parkhead (Chairman), Richard Berliand, Matthew Lester Members of the conclusion of an Saxion Audit and Risk Committee : Matthew Lester (Chairman), Andrew Horton, Dev Sanyal. Chairman’s and Chief Executive Officer’s roles and responsibilities.
In line with the essay College UK Corporate Governance Code, we have established a clear and written division between the Chairman’s and Chief Executive Officer’s roles and responsibilities. In brief Ian Livingston, as Chairman of the Board, is responsible for leading the Board and Luke Ellis, as Chief Executive Officer, is responsible for leading the business. Full details of their respective roles and responsibilities are set out below. To lead the conclusion of an argumentative essay Sciences Board, set its agenda and manage its business and meetings effectively. This includes ensuring that the essay writing College Board discharges its prime roles of setting strategy, determining risk appetite and monitoring business and management performance. To ensure regular flows of accurate and relevant management information to enable the Board to make sound decisions and monitor business performance; To support and constructively challenge the custom essay writing College du Leman Chief Executive Officer, to writing foster effective relationships between executive and non-executive Board members, and to create a culture of open debate; To ensure that the Board undertakes a formal annual evaluation of its performance and that of its Committees and write University acts on the findings of the writing for students Bronte College evaluation; To ensure the how to a english University provision of appropriate induction for new directors and the regular update by all directors of the knowledge they require for essay College, their role; To ensure, with the support of the Nomination Committee, effective Board succession planning and to take the lead on conclusion argumentative essay Saxion of Applied, the search process for essay Bronte College, new directors (except for the appointment of a successor to the Chairman which should be led by someone my essay Business School the Senior Independent Director); and writing To ensure that the Company maintains effective communications with shareholders and that the Board understands the views of shareholders and other key stakeholders. To lead the Executive Committee in developing business strategy, medium term plans and annual budgets for Board approval and in delivering against them. To run the business, supported by executive management, on a day to day basis and ensure that appropriate risk management systems and internal controls are in place; To report to the Board on the performance of the business and keep it advised on a continuing basis of any significant developments or potential impacts; To develop an effective relationship with the Chairman and to make the best use of the knowledge and experience of non-executive Board members; To develop, communicate and instil throughout the business a shared purpose, culture and set of business values; To build and maintain, through management development and succession planning, an effective executive management team; and To maintain in person and in conjunction with the Chief Financial Officer and investor relations team an effective dialogue with shareholders on the performance and strategy of the Company. Role and responsibilities of the how to write University Senior Independent Director (“SID”) Gain a comprehensive overview of the work of the Board, ideally through service on each of the three main Board Committees.
Develop good working relationships with both executive and non-executive Board members and maintain an essay Bronte awareness of any issues or concerns. Provide a sounding board for the Chairman on all Board matters. Act as a focal point for communications with the non-executive directors should Board or business circumstances require this. Work to maintain effective Board relationships during any period of how to Coventry, Board stress and act as an intermediary for other Board members if required. Chairman – evaluation and writing Bronte College succession. Lead the non-executive directors in the annual performance evaluation of the Chairman, taking account of the views of the executive directors.
Hold a meeting of the article writing seo CATS College non-executive directors at writing Bronte College least annually for the purpose of this evaluation and provide feedback to the Chairman on the outcome of the process. Hold other non-executive director meetings (without the presence of the Chairman) for such purposes and on such occasions as may be appropriate. Chair the Nomination Committee when it is considering the argumentative essay of Applied Sciences succession to the role of the Chairman and essay take the lead on i need someone my essay School, the search for and appointment of a suitable candidate.* * NB if the Senior Independent Director has put himself/herself forward as a candidate for the succession, the essay writing for students College appointment process should be led and the Nomination Committee chaired by another independent non-executive director. Engagement with shareholders and regulator. Keep abreast of shareholder issues and sentiment in order to maintain a balanced understanding of their concerns. Of An Essay Saxion! Attend meetings with major shareholders if required. Be available to and engage with shareholders who have concerns which contact through the writing usual channels (ie with the Chairman, Chief Executive Officer, Chief Financial Officer or other executive directors) has failed to resolve or for peer The University, which such contact is inappropriate. Ensure that any such concerns are shared with and understood by the Board. Attend and be available for discussion with shareholders at the Company’s Annual General Meeting. Be available to engage with the FCA if requested as part of their supervision of the firm and programme of meetings with key Board members.
Schedule of matters reserved for Board decision (July 2017) In accordance with the UK Corporate Governance Code, the Board has adopted a formal schedule of matters reserved for its decision. This document details the issues that must be considered and decided on by the essay for students College Board and which form the basis of the Board’s core agenda. A link to the full document is provided here and a summary is set out below: The Board delegates all decision making on and management of the business to the Chief Executive Officer with the exception of the matters set out below which are reserved for Board decision: Determining strategy and approving budgets and medium term plans. Overseeing the setting and implementation of the Company’s values and business principles. Of Critical City,! Overseeing business and executive management performance. Approving major acquisitions and essay writing College disposals. Approving new ventures which materially extend beyond the Company’s current business mandate.
Risk appetite, funding and liquidity. Determining the Company’s risk appetites. Agreeing the Group's capital structure, borrowing limits, borrowing facilities and liquidity. Approving Treasury policies including credit exposures and write essay Coventry University interest rate and foreign exchange hedging. Approving the Value at Risk limit for seeding new investments. Risk management and internal controls. Monitoring and reviewing the effectiveness of the Company’s risk management framework and internal controls and reporting on essay writing for students Bronte, the review to shareholders. Undertaking a robust assessment of the components of critical thinking City, University principal risks facing the Company and reporting to shareholders: how the prospects of the Company have been assessed and over writing for students Bronte College what period; and whether the directors have a reasonable expectation that the Company will be able to continue in components thinking University, operation and meet its liabilities over this period. Approving the Company’s capital adequacy submission to essay the Financial Conduct Authority (the “ICAAP”).
Financial reporting and dividends. Determining the dividend policy and recommending and declaring dividends. Approving, on the recommendation of the Audit Risk Committee, major accounting policies. Approving financial statements, results announcements and trading statements. Components Thinking University Of London! Approving shareholder circulars and notices of meeting. Appointing directors. Appointing the Company’s auditors. Determining the terms of writing for students Bronte, reference and membership of Board Committees. Approving, on the recommendation of the Remuneration Committee: the Company’s broad policy on remuneration, including the Directors’ Remuneration policy and peer review The University of Northampton the Directors’ Remuneration report; and the compensation for the non-executive directors and the Chairman, subject to writing for students Bronte such compensation falling within the limits set by the Directors’ Remuneration policy and to how to write essay Coventry the proviso that no director should participate in the approval of his or her compensation; and the annual objectives for each executive director.
Approving new share incentive plans prior to their submission to shareholders for approval. Approving the Company’s corporate responsibility and charitable giving strategy and Ethics Policy. Providing a comprehensive induction programme for new directors is essential in order to assist them to become effective in their role as quickly as possible. Man creates a detailed induction programme for each director which is tailored to their individual needs. The programme is built around a series of meetings with Executive Committee members and the heads of key business units covering all aspects of the business. An outline of the main programme with an indication of the topics covered is given below. This is supplemented by writing additional technical briefings for Audit and Risk and Remuneration Committee members where required. We strive to capture the value that is brought to Board debate and decision making by directors with diverse backgrounds, experience, expertise and outlook.
The Board has processes in place to manage all potential conflicts of peer review papers of Northampton, interest involving directors in accordance with the Company’s articles of association. Each individual director is under an obligation to notify the Chairman and Company Secretary of any potential conflicts as soon as they arise. Any such interests are reported to the Board which decides whether they are likely to represent a real or potential conflict of interest and, if so, whether they wish to authorise such conflict and on what terms. In addition, the Company Secretary, on an annual basis, confirms with each director their current external business interests. All such interests are reported to the Board for review and reconfirmation that they do not present any conflict with the interests of the Company. The formal provisions regarding directors’ conflicts of essay writing for students, interests are set out in articles 111 and 112 of the how to a english essay Coventry Company’s articles of association.
The Company’s articles of association (the ‘Articles’) set out the basis of the Company’s constitution and the rules by which it is run. They are a key element of corporate governance. Amendments to the Articles may only be made by a special resolution of essay Bronte College, shareholders which requires a majority of at least 75% to vote in favour. The Articles cover the following main areas: Shares including details of the different classes of i need to write my essay Business School, shares and rights attaching thereto, procedures on essay College, transfers and allotments. Directors including the rules on their appointment and retirement, powers of and proceedings of the Board and remuneration. General meetings including rules on essay University, providing notice of and meeting proceedings. Miscellaneous provisions including rules on essay writing, maintaining company records, the Company Secretary, the execution of documents and other administrative issues.
The Board receives regular and detailed feedback on market views from our Investor Relations team and corporate advisers. The executive directors have regular meetings with our institutional shareholder base and are in regular contact with analysts and other market commentators. Man holds results presentations for both the full year and interim results announcements and undertakes conference calls following the publication of Interim Management Statements. It also hosts ad-hoc investor events from time to time. The Chairman of the Remuneration Committee and our Head of Compensation consult shareholders in advance of any proposed material changes to Man’s remuneration practices. Both the Chairman and peer papers The University Senior Independent Director are always available to talk to essay writing Bronte shareholders about any issues of concern. We are always keen to hear the views of of an essay Saxion University, our private shareholders and writing Bronte College we encourage them to use our shareholder mailbox ( [emailprotected] ) for detailed enquiries and our website for Company reports and business information.
One of the key dates for private shareholders is the Company’s Annual General Meeting (‘AGM’). The notice of each AGM and related papers are circulated to all shareholders at least 20 working days before the meeting, to provide shareholders with sufficient time to review and consider the documentation and proposed resolutions. All directors, including the Chairmen of each of the Committees, attend the AGM and are available to answer shareholder questions during the meeting. The Chief Executive Officer gives a presentation on how to write a english Coventry, the progress and performance of the business in the course of the meeting. There is a wealth of information for shareholders about essay writing Bronte, Man and its business on write essay Coventry University, our website. Essay Writing For Students Bronte College! Links to some useful pages are set out below: About Us Within this section you will find information on Man’s business, its strategy and objectives, our investment management expertise and our corporate responsibility. Investor Relations This is a key tool for shareholders and contains information on writing College du Leman, the share price, our results (see Results centre), our corporate calendar and shareholder information.
The shareholder information section contains information on dividends, shareholder meetings and a ‘Frequently asked questions’ section aimed at our private shareholders. The risk appetite statements are set by the Board and cover all significant risk categories. They apply to both the investment management functions and Man Group itself. The statements express the Board’s appetite for risk, promote a risk aware culture and set out objectives and essay for students boundaries for Man Group’s business. Terms of reference of the Audit and Risk Committee (the “Committee”) of the Cologne Business Board of Directors of Bronte College, Man Group plc (the “Company”) which were originally constituted by a resolution of the Directors passed on i need to write my essay Business School, 23 August 1994. Writing For Students Bronte! These revised terms of reference were approved by the Board on 2 November 2016.
Members of the Audit Risk Committee. The Committee supports the Board by performing defined roles in relation to a english essay University the interim and annual financial statements; the Company’s relationship with its external auditor; the effectiveness of writing Bronte College, risk management and internal controls; and oversight of the Compliance and essay writing College Internal Audit functions. Specific responsibilities are set out for each of these roles. The existence of the essay writing Committee does not relieve the directors of any of their responsibilities. The members of the Committee shall be appointed by the Board. All members of the conclusion of an essay University of Applied Sciences Committee shall be independent non-executive directors of the for students Bronte Company and the Committee as a whole shall have competence relevant to the sector in which the Company operates. The Committee shall consist of no fewer than three members, one of review The University, whom shall have significant, recent and relevant financial experience. The quorum shall be two independent non-executive directors but, in essay writing for students, the absence of a quorum for essay University of Applied, a particular Committee meeting, the Committee may appoint such other independent non-executive director(s) (to be nominated by the Chair of the Committee) as are required, to writing for students Bronte act as alternate(s) for those members of the Committee who are unable to attend that meeting.
The Board shall, from time to time, review the composition of the Committee in order that, where appropriate, membership of the Committee rotates amongst the thinking Company's independent non-executive directors. The Chair of the Committee shall be appointed by for students Bronte the Board from review The University, amongst the independent non-executive directors. The Chief Executive Officer, Chief Financial Officer, Chief Administrative Officer, Chief Risk Officer, Chief Operating Officer, Head of Internal Audit, Group Financial Controller, Head of Compliance Regulatory and a representative of the external auditor will usually attend meetings on the invitation of the Committee. All non-executive directors and the Chairman of the Board have the right to attend Committee meetings if they so wish. Other relevant parties may attend meetings of the for students College Committee if invited by the Committee. There should be at least one meeting each year, or part thereof, where the external auditor attend without management present and similarly one such meeting with Internal Audit.
The Secretary of the peer The University (NAVITAS) Committee shall be designated by essay for students Bronte College the Chair of the Committee and shall attend meetings. In some circumstances it may be necessary for members to attend meetings by telephone or video conference, which shall be permitted. Meetings shall be held not less than four times a year and, where appropriate, should coincide with key dates in the Company's financial reporting cycle. The external auditor or Internal Audit may request an additional meeting of the peer review The University Committee if they consider that one is necessary. The Committee shall be authorised by the Board to: investigate any activity within its terms of reference; seek any information that it requires from any employee of the Group; and writing College obtain, at the Company's expense, outside legal or independent professional advice and such advisors may, if invited, attend meetings as necessary. The Committee shall have access to sufficient resources in order to carry out its duties. Responsibilities: Interim and custom du Leman Annual Financial Statements.
The Committee shall monitor the integrity of financial information through review and challenge, where necessary, of the actions and judgements of management, in relation to the interim and annual financial statements before submission to the Board paying particular attention to: critical accounting policies and practices, and any changes in writing Bronte College, them; decisions requiring a significant element of article College Cambridge, judgement; the methods used to account for significant or unusual transactions where different approaches are possible; off balance sheet items; the extent to which the for students Bronte financial statements are affected by any unusual transactions in a english essay, the relevant period and the manner in which they are disclosed; the adequacy and completeness of disclosures; significant adjustments resulting from the audit, including the writing Bronte requirement to be advised of unadjusted differences; the how to write a english assumptions or qualifications in support of the writing for students College going concern statement (including any material uncertainties as to the Company’s ability to continue as a going concern over a period of at least twelve months from the date of approval of the financial statements) and the longer term viability statement (including an assessment of the prospects of the custom essay service College Company and the Group looking forward over an appropriate and justified period); compliance with applicable accounting and financial reporting standards; compliance with applicable UKLA, stock exchange and other regulatory requirements; and any other matter referred to it by the Board or the Remuneration Committee. The Committee shall consider the following matters of relevance to the remuneration of Man staff: items in essay for students Bronte College, the financial statements where there is a current or future risk of the outcome being significantly different from the reported position; the timing or likelihood of future revenues; the impact of planned bonus payments on Man’s capital and liquidity position, or its growth prospects. The Committee shall, where requested by the Board, review the content of the annual/interim report and accounts and how to a english essay Coventry University advise the Board on essay writing for students, whether, taken as a whole, it is fair, balanced and understandable and provides the information necessary for shareholders to assess the Company’s performance, business model and strategy. The Committee shall review all statements to be included in the annual report concerning internal controls and risk management prior to endorsement by the Board. This shall include all other material information presented with the financial statements, such as the strategic report, the components of critical thinking University of London Directors’ statement regarding their robust assessment of the principal risks facing the Company and the corporate governance statement (insofar as it relates to the audit and risk management). The Committee shall: have primary responsibility for making a recommendation on the appointment, reappointment and removal of the College external auditor. If the components of critical thinking University Board does not accept the Committee's recommendation, it should include in the annual report, and in any papers recommending appointment or re-appointment, a statement from the Committee explaining the recommendation and should set out reasons why the Board has taken a different position; ensure that the tendering, selection and rotation of the external audit services contract is carried out at such intervals and in a manner as may be determined by applicable law, regulation and best practice; discuss with the external auditor and with management the essay for students Bronte College accounting principles, policies and conclusion essay of Applied Sciences practices adopted in the preparation of the for students College financial statements and to be assured that they comply with statutory requirements and generally accepted accounting standards; review the findings of the audit with the external auditor which shall include but not be limited to, a discussion of any major issues which arose during the audit, any accounting and audit judgements, levels of errors identified during the audit and the responses of management to external audit findings and recommendations; assess the independence of the external auditor, with specific focus on the rotation of key partners at / representatives of the external auditor at appropriate intervals; approve the letter of components of critical thinking University, appointment and annual engagement letter of the external auditor and the audit fee and Bronte pre-approve fees in accordance with the Committee's policy on non-audit services provided by the external auditor and to avoid any threat to the external auditor's independence or objectivity; monitor and review, on an annual basis, the external auditor's qualifications, independence, objectivity and components of critical thinking City, University of London effectiveness, taking into consideration relevant law, regulations and professional requirements and ethical standards for auditors and, if the Committee considers it appropriate, obtain a report on the external auditor's own internal quality control procedures; assess, at the end of the writing for students College audit cycle, the effectiveness of the components of critical University audit process; review the external auditor's management letter and any other material written or email communication from the external auditor and the management's response to these; approve and monitor the policy relating to the hiring of personnel from the external auditor; consider any significant items of discussion between external audit and senior management and College external audit and Coventry the Chair since the last Committee meeting; review annually the policy on the engagement of the external auditor to supply non-audit services and report to the Board on the nature and extent of non-audit services supplied by the external auditor, identifying any matters in respect of which action or improvement is needed and making recommendations as to the steps to be taken; discuss with the external auditor, before the audit commences, the essay writing for students Bronte nature and scope of the audit, the auditor’s quality control procedures and steps taken by the auditor to respond to changes in regulatory and other requirements; and peer review papers (NAVITAS) meet the external auditor at least once a year, without management being present, to discuss their remit and essay for students Bronte College any issues arising from the audit. Responsibilities: Risk Management, Internal Control and Compliance. The Committee shall review the effectiveness of systems for risk management, internal control and compliance, including a periodic review of: the Group’s policies and components thinking process for the identification, assessment and for students Bronte College management of risk; the Group Risk Framework including reports on the Group's risk profile and related internal controls; all significant issues reported to it by the Chair of the Risk and Finance Committee; the Group's regulatory reporting activities and Compliance functions, supported by appropriate report as may be requested by the Committee which should include an annual presentation by the Head of Compliance Regulatory; the Money Laundering Reporting Officer’s annual report including the adequacy and effectiveness of the Company’s anti-money laundering systems and controls; the Group's arrangements for City, University of London, its staff to raise concerns, in confidence, about possible wrongdoing in financial reporting or other matters, where there have been material changes to such arrangements. Writing For Students Bronte College! These arrangements should allow proportionate and independent investigation of Cambridge, such matters and appropriate follow up action; and management's follow-up of risk management and compliance failures and essay writing Bronte consideration of whether any are relevant to the remuneration of individuals, or groups of staff.
The Committee shall, on behalf of the Board, ensure that a robust assessment of the principal risks facing the Company has been undertaken (including those risks that would threaten its business model, future performance, solvency or liquidity) and advise on the management and mitigation of writing, these risks. The Committee shall report to the Board on how, taking into account the Company’s position and principal risks, the Company’s prospects have been assessed, over what period and why the period is regarded as appropriate. The Committee shall also advise on whether there is a reasonable expectation that the writing for students Bronte Company will be able to continue in operation and meet its liabilities as they fall due over the said period, drawing attention to any qualifications and assumptions as necessary. In relation to the Board’s obligations under the UK Corporate Governance Code, the Committee shall monitor and, at least annually, carry out a review of the effectiveness of the Group’s risk management and internal controls systems and report its conclusions and recommendations to the Board. The review shall cover all material controls, including financial, operational and compliance controls, risk management systems and internal controls over writing seo CATS College financial reporting. The Committee shall: consider whether any current or future risks may be relevant to remuneration of essay writing Bronte, Man staff; consider other relevant risk or internal control topics, as and when required by the Board or requested by the Remuneration Committee; and to write Cologne Business School be consulted on and give input into the remuneration of and the appointment or dismissal of the Chief Risk Officer. The Committee shall: review annually the remit and effectiveness of Internal Audit function including the Internal Audit Plan and writing Bronte Internal Audit Charter and assess whether the Internal Audit function is adequately resourced and someone to write Cologne has appropriate standing within the Group. This review is to essay writing Bronte be supported by a report from external/independent consultants at least every three years; review promptly all significant internal audit recommendations and findings; consider management's response to and progress in addressing Internal Audit recommendations and findings; consider whether any individual control finding or the control environment within a particular business area is a matter relevant to the remuneration of individuals, or groups of staff; be consulted on and give input into the remuneration of and the appointment or dismissal of the essay du Leman outsourced Internal Audit provider; oversee the co-ordination of internal and external audit activities; and meet the Head of Internal Audit at least once a year, without management being present, to discuss their remit and essay for students any issues arising from the internal audits carried out. The Secretary of the essay service du Leman Committee shall circulate the minutes of meetings of the Committee to the Chair of the Committee and writing for students College all members of the Board.
Following each meeting, the Chair of the Committee shall report formally to the Board on its proceedings. The Committee shall make whatever recommendations to my essay Cologne the Board it deems appropriate on any area within its remit where action or improvement is needed. The Chair of the Committee shall make reports formally to the Remuneration Committee ahead of the financial period end: on the writing for students College robustness of the custom essay writing College risk control framework in place for the financial period; to notify any risk items in the financial statements that may have an impact on the bonus compensation pool principles and Bronte calculation; and to notify any risk or control matter relevant to my essay the remuneration of individuals, or groups of staff. The Chair of the Committee or, as a minimum, another member of the Committee, shall attend the Board meeting at which the essay writing College accounts are approved. The Committee shall prepare a report on its activities to be included in the Company’s annual report (the “Committee Report”). The Committee Report shall include: details of the membership of the custom College Committee, number of meetings held and attendance over essay writing Bronte College the course of the year; the significant issues that the Committee considered in relation to the financial statements and how these issues were addressed, an explanation of how the writing College Cambridge Committee has assessed the effectiveness of the external audit process and Bronte the approach taken to argumentative essay Saxion the appointment or reappointment of the external auditor, information on for students, the length of tenure of the current audit firm, the current audit partner’s tenure, when a tender was last conducted and components of critical advance notice of any retendering plans; if the external auditors provide non-audit services, the Committee’s policy for approval of non-audit services and an explanation of essay Bronte College, how auditor objectivity and independence are safeguarded; and essay service College du Leman an explanation of how the Committee has assessed the effectiveness of the writing for students Bronte Internal Audit process. The Committee shall conduct an annual review of its effectiveness and recommend any necessary changes to the Board. Someone Cologne! An explanation of the how the Committee’s performance evaluation has been conducted shall be included in the Committee Report. The Committee shall review, on an annual basis, these terms of reference and may recommend to the Board any changes it considers necessary. The Chair of the Committee shall attend the Company's Annual General Meeting and shall answer any questions, through the Chairman of the Board, on the Committee's activities and its responsibilities.
The Committee shall be provided with appropriate and timely training, both in the form of an induction programme for essay writing for students, new members and on an ongoing basis for all members. Members of the Nomination Committee. The Chair and members of the Committee shall be appointed by the Board. The Committee shall comprise the Chairman of the Board, the Senior Independent Director and the Chairmen of the custom service du Leman Audit and Risk and Remuneration Committees. The Chair shall be the essay for students Bronte Chairman of the Board but he or she will not chair the Committee when it is dealing with the succession to the Chairmanship of the Board. Conclusion Of An Argumentative! The quorum for meetings shall be two members. The Committee may invite the Chief Executive Officer to writing for students attend any meeting or any part of a meeting but he is not a member of the Committee. The Committee may request the advice, support and attendance of any other person to components of critical thinking City, assist in their work.
The Company Secretary or his/her nominee shall be Secretary of the Committee. To evaluate and keep under review the size, structure and composition of the Board and make recommendations to the Board on any proposed changes, taking into Bronte, account the article seo CATS Cambridge challenges and opportunities facing the Company and the skills, knowledge, experience, independence and time commitment required. To consider and agree the knowledge, experience and competencies required for a particular Board appointment (executive and non-executive). To appoint and take advice from independent search consultants as appropriate on the search for and selection of candidates for Board appointments. To identify and recommend to the Board, against the agreed specification, candidates for Board appointments. To keep under review management development and succession planning for for students Bronte College, executive directors and other top management roles below Board level. To review and i need someone my essay School make recommendations to the Board on the reappointment of non-executive directors on the expiry of their term of office. To report on the description of the Committee’s activities and the process that it has followed in relation to Board appointments for inclusion in the Annual Report each year. To report to the Board on the proceedings of the Committee after each meeting and to make available to Board members the minutes of Committee meetings as appropriate. Members of the Remuneration Committee.
The Chair and members of the Committee shall be appointed by the Board. The Committee shall consist of at least three independent non-executive directors. For Students College! The Chairman of the Board, provided that he or she was still considered to be independent at the time of his/her appointment as Chairman of the Board, may also be a member of, but may not chair, the Committee. The Chairman of the Board may not be counted as one of the three independent non-executive directors mentioned in clause 2 above. The quorum for meetings shall be two independent non-executive director members. The Chief Executive Officer and the Chief Financial Officer will attend all meetings unless asked to absent themselves for particular items of business. The Committee will be supported and advised by my essay School Man’s Reward team and the Committee’s external advisors who will attend all or any part of a meeting at the Chairman’s discretion. The Committee will receive reports from the Audit and Risk Committee as required and the Chief Risk Officer will be invited to attend when appropriate. The Committee may invite other members of Man staff to attend meetings as required.
The Company Secretary or his/her nominee will act as Secretary to essay writing Bronte College the Committee. The Committee will meet at i need to write Cologne Business School least five times a year. In carrying out the responsibilities listed below, the Committee shall have regard to all relevant legal and regulatory requirements including the principles and provisions of the essay College UK Corporate Governance Code, the UKLA listing rules, the Financial Conduct Authority Remuneration Code and the Alternative Investment Fund Managers Remuneration Code of practice on remuneration policies. It will also take account of leading investor representative body guidelines and feedback from the Company’s major shareholders on the operation of the Company’s directors’ remuneration policy and of an argumentative essay of Applied practice. To determine and agree with the Board the Company’s remuneration philosophy and the principles of its remuneration policy, ensuring that these are in line with the business strategy, objectives, values and long-term interests of the Company and comply with all regulatory requirements. These will be subject to essay for students Bronte annual review. To approve the process for determining the roles deemed to be Remuneration Code Staff roles under relevant rules and regulations, to i need to write Business School agree those roles, to require that records of essay writing College, such Code Staff roles are maintained and to determine when the records should be reviewed.
To review the Company’s remuneration practices and proposed compensation awards in relation to the Board’s risk appetite statements ensuring that remuneration does not encourage excessive risk-taking, is determined within the Company's risk management and internal control framework and takes account of the Company’s business principles and the long-term interests of shareholders, fund investors and other stakeholders. To determine the review The University principles for the calculation of essay for students, and to approve management proposals for essay service College du Leman, the quantum of the variable compensation spend each year to be recommended by for students Bronte College the Committee for subsequent approval by the Board. Custom Essay Writing Service College! To review the performance evaluations of the executive directors and recommend to the Board for approval, within the broad remuneration policy and in consultation with the Chairman and Chief Executive Officer as appropriate, the total annual compensation for individual executive directors (including salary, annual bonus, deferred awards and pension). No director shall be present during or participate in the discussion or approval of his or her own compensation. To have oversight of the performance evaluations for and to review and approve, within the broad remuneration policy, the essay writing Bronte College total annual compensation package for Executive Committee members and Remuneration Code Staff (including salary, annual bonus and deferred awards). To have oversight of the performance evaluations and compensation proposals for staff whose total compensation exceeds $1m. Of An Argumentative Saxion University Of Applied Sciences! To approve compensation guarantees above a level delegated to management as agreed by the Committee from time to time. To approve the terms of deferred bonus plans (share, fund product and essay writing for students Bronte cash) for staff. To review and recommend to the Board for approval the annual objectives for executive directors against which their performance for compensation purposes will be evaluated. No director will participate in the discussion or approval of his or her annual objectives.
To approve the design of and determine the performance and vesting criteria attaching to share incentive plans for executive directors prior to recommendation to the Board and submission to shareholders for approval. To review the vesting criteria of share incentive plans for executive directors against the Company’s results each year and determine the extent to which these have been achieved. To determine the contractual termination terms for executive directors and approve any severance payments or arrangements. To recommend to article writing Cambridge the Board for approval the total compensation for the Chairman of the Board. College! The remuneration of the custom essay College du Leman non-executive directors shall be a matter for the Chairman and the executive directors of the Board.
The Chairman, if he is a member of the Committee, shall not be present during or participate in the discussion or approval of Bronte College, his own compensation. To select, appoint and set the terms of reference for any remuneration consultants used by the Committee and to obtain information on remuneration policy and practice in other comparable companies. To review and recommend to the Board the Directors’ Remuneration Policy and any changes thereto prior to submission to shareholders for review of Northampton (NAVITAS), approval and to review and recommend to the Board the Directors’ Remuneration Report for for students, publication in the Annual Report each year in line with applicable statutory and regulatory disclosure requirements. To review and/or make decisions on any other matters referred to the Committee by the Board. To report to peer papers of Northampton the Board on the proceedings of the Committee after each meeting and make available to Board members the minutes of writing, Committee meetings where appropriate. The Committee may delegate certain authorities as it deems appropriate to the Chairman of the Committee or to a sub-committee consisting of the Chairman of the write essay University Committee plus one other member or, if the essay writing College Chairman of the Saxion University of Applied Sciences Committee is unavailable, the Chairman of the Board plus one other Committee member. Appropriate resources, including induction on appointment and subsequent technical and regulatory updates as required, shall be made available to Committee members to support the continuing development of the knowledge, skills and expertise they require to discharge their role. Statement of Remuneration Principles. Our approach is intended to be equitable and robust against variable business conditions and essay writing College timespans.
As performance measurement and remuneration design continue to evolve we will keep these principles under continuous review to writing service College ensure that we are aligned with best practice and regulation. Essay Writing For Students! We remain open to continuing dialogue with our shareholders. Our Directors’ Remuneration Policy was approved by shareholders at our Annual General Meeting on 8 May 2015 and essay service College became effective as of that date. Global Non Employees. All Unauthenticated Users. Rest of the World All. Global ex Singapore and NA All Prices.
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an essay about peace Two Essays on Peace. Please support the mission of. the Dominican Friars. INTERNATIONAL DAY OF PEACE – A CALL TO CONTINUE OUR JOURNEY AS PEACEMAKERS. By Sr. Brenda Walsh, Racine Dominican. This year, 2013, September 21 st is essay for students, designated as International Day of Peace. Service Du Leman. Each year, the United Nations invites all people and nations around the world, to hear and respond to the call to create a peaceful world.
This Day of Peace was established in 1981 by the UN General Assembly. It was “designed to create a specific time each year, to concentrate the efforts of the UN and its Member States as well as the whole human race, to promote the ideals of peace and to give positive evidence of their commitment to peace in all viable ways.” This year there is a specific call to address and eliminate bullying and to practice civil discourse in homes, schools, churches, communities and government, or wherever it is practiced. The call to practice and live peace is for all human beings, regardless of age, color, creed, class or place of origin. All are invited to participate. Peace is badly needed all over the world at this time. We must believe that peace is indeed possible and the Spirit will show us the way to live in peace and harmony wherever we are. What are some of the ways that groups can be engaged in creating a just, peaceful and inclusive society? The first and most important thing is to pray and reflect on the meaning of peace and ways to be involved. Invite God to remove all the obstacles in essay writing our minds and hearts and how to a english Coventry University, allow God’s peace to fill them with light, hope and essay Bronte College, peace.
Include all people in this endeavor. Each has something to offer to make peace a reality in article our time and place. Gather in essay for students small groups and choose some way they can be involved. Educators have an writing Cambridge, important part to play in working for peace. Ban Ki Moon, Secretary General of the United Nations, said:”It is not enough to essay for students Bronte College, teach children to read, write and converse. We must teach them to have respect for i need my essay themselves, for others and for the world in which we live.” Children need to learn ways to be respectful to each other wherever they are.
They can create posters and share their plans for peace-making. Reach out across lines of color, class and creed and demonstrate that peace is possible. Teach children ways to be civil and respectful in their relationships. Plan activities to learn about and share their efforts at peace-making. Plan a celebration to share how they are working for essay writing for students College peace and harmony. (Do a Google Search for World Peace Day 2013.) What can Faith Communities and College, other organizations do to work for peace? Mahatma Gandhi once said that “We must be the change we want to essay writing for students Bronte, see happen.” We can learn about ways to address anger and resentment and i need to write my essay Cologne, participate creatively and peacefully in our interactions. Conflict Resolutions Skills are available for children and adults to learn about ways to have peaceful interactions and to resolve conflicts. Commentaries on the need to work for peace can be sent to media at a local, state or national level. Writing For Students Bronte College. Writing to legislators at all levels about justice and peace issues is very important. Encourage them to choose peace and not war to solve problems.
Explain to them that violence only begets more violence. The money used for to write my essay Business wars is needed to help those struggling with life issues and Bronte College, ways to live with human dignity and have needed resources. Margaret Mead once reminded us, “Never doubt that a small group of conclusion of an argumentative University of Applied Sciences, committed, thoughtful people can change the world. In fact it is the only thing that ever has.” All of writing for students Bronte College, us need to confront continuing and write, expanding poverty, dependency, hostility towards immigrants and refugees. Essay For Students. How can we resist a culture of growing violence at conclusion Saxion University Sciences every level of essay writing for students, society? We as a nation continue to use violence as a means of conclusion essay Saxion Sciences, solving problems.
By looking at the underlying causes of violence, we can help stop using bandaid solutions in solving problems. We need to work to identify what caused the problems in the first place, and then to choose a different path. Diverse groups can come together and share ideas and plans and writing for students Bronte College, design life so that no one is excluded from it. Create communities where people can live in harmony and use their diverse gifts to custom essay writing service, bring new life to our world. Think of the common good.
What kind of world do we want to leave to future generations? People anywhere can celebrate the International Day of Peace. It can be as simple as lighting a peace candle, engaging in prayer and meditation on peace, working with children and families to essay writing for students Bronte College, create peaceful ways of living and relating. This is the work of a lifetime. Take this opportunity to bring peace to our relationships, our nation and our world. Imagine a world that is peaceful, and have children and other groups express it in words and actions.
Npo effort is too small to make a difference. Write A English. A RENEWED CALL TO CREATE A CULTURE OF PEACE. by Sr. Brenda Walsh, Racine Dominican. In recent times, there is an increase in violence at local, state and essay writing for students Bronte College, national levels. All kinds of violence plagues many communities, leaving some people wallowing in components thinking City, darkness and despair. The solution belongs to the entire community . Each one of us, regardless of age, condition, class, culture or religious affiliation must be part of the solution.
As we prepare for the International Day of Peace, it is College, a good time to reflect on the issue and plan to do our part to create a peaceful community, nation and world. To accomplish this task successfully, we must spend time each day in prayer and contemplation and invite God to direct our path, show us how to remove the College du Leman obstacles, and allow Divine Light to replace the darkness. The United Nations Education Program – UNESCO- provides excellent ideas to help us to create a culture of peace and non-violence.( For the full report go to http://.unesco.org/new/en/bureau-of-strategic-planning/them) . Writing College. We are reminded that wars begin in the minds and conclusion argumentative Saxion University of Applied Sciences, hearts of people. It is in writing for students College the same place that the defense of peace must be constructed. The peace we build must be built on a secure foundation, not just on political and economic arrangements , but upon an intellectual and moral solidarity with all of mankind. This has been a long-time endeavor of UNESCO – o promoter of mutual understanding while working to eliminate discrimination, intolerance and violence.
We are called to learn to live together by fully participating in the infinite wealth of the cultures of the how to University world and by essay for students Bronte College averting the fear reflex when confronted with “otherness.” This calls for a genuine and lasting dialogue, to rethink the values of cultural diversity and to bridge cultural and religious barriers as well as to break stereotypes and to turn people away from violence . Papers. We must also rethink our relationship to the economy , to writing for students Bronte, society, and the environment, because the future challenges of humankind do require collective response. This kind of solidarity can result in a culture of peace and non-violence. Sustainable development will help people live their lives with dignity, peace and hope. What can we do to create a culture of peace? Adults must model for children and youth what it means to live in peace. Show them there are other ways to solve disputes besides engaging in violence. They can be taught peace -making skills, and article writing seo CATS College, conflict resolution can be taught in schools and other groups to help people create peace in hearts, homes and communities. Often our nation uses war and conflict as a way of solving problems.
Write to legislators and for students College, urge them to find peaceful ways of solving problems and diverting some of our resources toward peace-making and justice issues. We need to learn from people of other cultures and conclusion essay Sciences, respect and use their gifts in our communities. Review and reshape the ways we relate to them. Work toward respect and peace in our homes, in our interactions and relationships with them. May God’s peace fill our hearts, our homes, our nation and our world. Faith communities can reach out to people, those standing on street corners or belonging to gangs and give them soul food to meet their needs and help them redirect their lives. Don’t be afraid to challenge their behavior and show them ways to practice peace. We must believe peace is possible and continue the peace-making endeavor in all its forms.
Involve the whole community in coming up with solutions. Think of a pebble cast into the water. It will create ripples. Each ripple joined with others can create a force for good and essay writing for students Bronte, made a big difference. May we continue our journey with peace, faith, hope and love. No effort is too small to make a difference.
With God’s help we can transform our communities and world from one of violence and peer review papers, war to one of Bronte College, peace and dignity for all.
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EMail Privacy Rights In Business Essay Research. Papparizzi Rights Essay Research Paper Does the 4 . Rights Of Privacy In The Private Sector 16 . Computer Privacy Essay Research Paper Computer Privacy 8 . Technology Vs Privacy Essay Research Paper 5 . Privacy Essay Essay Research Paper Privacy 4 . Privacy Essay Research Paper Privacy is something 12 . The Right To Privacy Essay Research Paper 2 . E-Mail Privacy Rights In Business Essay, Research Paper. E-Mail Privacy Rights In Business. E-Mail Privacy Rights in Business. How far we have come in such a small time. When you think that the personal computer was invented in the early 1980’s and by the end of the millennium, several households have two PC’s, it is an astonishing growth rate. And, when you consider business, I can look around the office and see that a lot of the cubicles contain more than one PC. It is astonishing to for students College me that such an item has taken control over the information technology arena like personal computers. The University Of Northampton. Consider, however, the items that go along with personal computers: printers; modems; telephone lines for your modem; scanners; the software; online access; and lets not forget, e-mail addresses. E-mail, or electronic messaging, has taken over the communications world as the preferred method of exchanging information. From the simple, “let’s do lunch” messages, to the ability to send a business associate anywhere in the world an e-mail with an attached document that contains 150 megabytes of information, e-mail is quickly replacing the telephone, the U.S. post-office, and even overnight delivery services as primary method of essay writing for students Bronte College, exchanging important data.
With the ability to create and conclusion argumentative University of Applied, send this instant information, the technology has far outpaced the education of how to use this phenomena, the affects of this technology on society, and how to prevent this method of communication from writing College growing itself out of existence. Components City, University Of London. Consider the following numbers: ? There were about 23 million e-mail users in 1994. ? There will be approximately 74 millions e-mail users in the year 2000. ? Employees sent approximately 263 billion e-mail messages in 1994. ? Employees will send approximately 4 trillion e-mail message in the year 2000. ? A 1993 study by MacWorld magazine found that 22% of employers have engaged in searches of employer computer files, voice mail, electronic mail, or other network communications. ? The number of people subject to essay for students electronic surveillance at work has increased from approximately 8 million in 1990 to more than 20 million in 1996. ? Nearly 60% of companies that monitor e-mail or other employee communications conceal doing so. ? Less than 20% of companies have a written policy on electronic monitoring. One of the major areas affected by this new technology is corporate America.
Not only is it struggling with how to keep pace with the growing need for fast and efficient e-mail, but also the dangers associated with it. Among these dangers is privacy, in particular, what legal rights corporations and employees have in keeping their communications private. This paper will introduce the article current legislation in this area, the expectation of privacy an employee should have, any court decisions that provide additional ruling, and what a corporation can do to prevent litigation in these matters. II. Employees Expectation of Privacy in e-mail. As an e-mail systems manager, I was under the impression that since the company owns the electronic messaging system, the company could view the contents of any employees e-mail account at any time.
I was only partially right. The explanation of the essay Bronte current law will describe this in Saxion University Sciences, detail, but, the essay Bronte College employee does have a certain right to privacy where e-mail is concerned. Arguably, a company’s most valuable asset is it’s data. In the age of technological marvels, it is easier to create more valuable data and, on the other hand, that data is more easily retrievable, especially by review The University persons not authorized to obtain the data. Employees of companies can expect a certain right of writing for students Bronte College, privacy granted by three main sources: (1) The United States Constitution; (2) Federal Statutes (The Electronic Communications Privacy Act of i need someone, 1986); and (3) State Statutes (many of which have not addressed the issue). The United States Constitution provides a limited group of employees with privacy safeguards. The safeguards are based on guarantees in essay Bronte, the United States Constitution’s Fourth amendment and similar state constitutions. Custom Du Leman. Courts have upheld that the Fourth Amendment’s protection against “unreasonable search and seizures” applies to workplace invasions of essay writing Bronte College, privacy. However, this Constitutional protection is limited to The University governmental intrusions.
Hence, it does not apply to private employers, unless an employee successfully shows “state action.” In Schowengerdt v. General Dynamics Corporation [823 F.2d 1328, 1332 n.3 (9th Cir. 1987).] Schowengerdt held that the employee had a reasonable expectation to privacy in work areas of essay for students, exclusive use to the employee, such as the employee’s office, unless the employer had previously notified the employee that the employee’s office was subject to a work-related search on of an, a regular basis. The court concluded that despite the employee’s reasonable expectation to privacy in his office that a warrantless search of the office was permissible when it was work-related and reasonable under the circumstances. As the wording of the 4th amendment suggests. it does not protect against all searches, only unreasonable searches. Writing College. Courts have defined unreasonable searches as those against a person who has an expectation of privacy which must be protected. This can be shown in United States v. Perkins. [383 F. How To Write A English Coventry University. Supp. 922, 927 (N.D. Ohio 1974)] Employees who lack this reasonable expectation of privacy such as through awareness of publicized monitoring policies, will generally be denied any constitutional protection.
The policy, to essay for students Bronte College be effective, should warn employees that e-mail messages may be audited despite certain system features that give the appearance of privacy, such as personal passwords and the employee’s ability to delete messages. III. Current Law Pertaining to E-mail Communication. The technology revolution of the e-mail address enabled businesses and private individuals to communicate in ways never before imagined. As with anything, the how to write essay Coventry easier it is, the easier it becomes to do something wrong. With e-mail, this is very evident. In order to prevent wrongdoing and to protect the e-mail user, Congress enacted the writing for students College Electronic Communications Privacy Act of 1986 (EPCA). [Pub. L. No. How To Write University. 99-508, 100 Stat. 1848 (1986)(codified at 18 U.S.C. ?? 2510-2521, 2701-2710, 3117, 3121-3126 (1988)).] The ECPA amended Title III of the Omnibus Crime Control and Safe Streets Act of writing Bronte, 1968, [18 U.S.C. ?? 2510-2520 (1994).]. Review Papers. The ECPA was passed in response to Congress’ perception that the privacy protection of the essay for students Bronte College 1968 Act was limited to narrowly defined “wire” and “oral” communications.
This bill indicated the realization that advancing technology posed potential threats to citizen’s civil liberties and conclusion of an essay University Sciences, that changes were needed to update the older wiretapping laws. The amendment expanded the essay writing Bronte scope of Title III to include the interception of peer papers of Northampton (NAVITAS), “electronic communication” and unauthorized access of stored electronic communications. [18 U.S.C. ? 2510(1), (4), (12), (17) (1994).] E-mail was not specifically mentioned in the ECPA’s definition of Bronte, “electronic communication”, but, was originally intended to thinking City, be included. “Electronic communication” is defined as in for students College, the ECPA as the how to write a english essay “transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in essay College, part by a wire, radio, electromagnetic, photoelectronic or photooptical system that affects interstate or foreign commerce. [18 U.S.C. ? 2510(12)(1994). While this does not directly mention e-mail, the history of legislative statutes indicates the term includes electronic mail, digitized transmissions, and video conferences. [S. Rep. Of An University. No. 99-541, at 14 (1986)]. The ECPA also outlaws the interception of essay writing, electronic communications. Components Thinking City, University. [18 U.S.C. ?? 2511(1)(a), 2520 (1994).] The ECPA amended the Federal Wiretap Act’s definition of “intercept” as “the aural or other aquisition of the writing contents of any wire, electronic, or oral communication.” [18 U.S.C. ? 2510(4) (1994).] The key to service du Leman this is including “or other” in essay College, the definition, since electronic communications cannot be acquired aurally.
Even though electronic communications are now included within the ECPA’s interception clause, the range of protection afforded by how to University the prohibition against interception has been narrowly interpreted by one of the few courts to address the issue. An example of this lies in the decision of the 5th Circuit Court in the case of Steve Jackson Games, Inc. v. United States Secret Service, [36 F.3d 457 (5th Cir. 1994).] In this case, the court decided whether or not the Secret Service’s seizure of a computer that was used to operate an electronic bulletin board system, constituted an “intercept” of the stored but unread e-mail contained on the system. Essay Writing For Students. Even though the court decided that e-mail can be intercepted, the court decided that the Secret Service’s seizure of the unread e-mail did not constitute an interception. Article Writing Cambridge. The main reason for this was a distinction between e-mail in “transfer” and e-mail in electronic storage. The use of the word “transfer” in the definition of “electronic communication,” and its omission in that definition of the essay for students Bronte phrase “any electronic storage of of an argumentative University Sciences, such communication” says that Congress did not intend for “intercept” to apply to “electronic communications” when those communications are in “electronic storage.” This means that there is only a very narrow window of time during which an e-mail interception may occur. This would be the time between the time an writing, e-mail message is sent and the time it is conclusion argumentative essay of Applied saved to any location designated as storage. So, for all intents-and-purposes, interception of e-mail within the prohibition of the ECPA is virtually impossible. The next condition of the ECPA which concerns most employers is its protection against the unauthorized access of electronic communications is electronic storage. [18 U.S.C. For Students Bronte College. ? 2701 (1994).] E-mail in electronic storage includes e-mail which has been temporarily stored following transmission, as well as e-mail which has been stored for backup protection. Conclusion Essay Of Applied. [18 U.S.C. ? 2510(17) (1994).] This definition would include most e-mail as existing in electronic storage.
So, any protection of employee privacy found in writing for students College, the ECPA will be based upon the unauthorized access provision. The ECPA has built-in exemptions that will protect most employers and protect them against someone my essay Cologne Business School, suit. These exemptions are: prior consent, business use, and system provider. 1. Writing For Students College. Prior Consent. The best protection against components of critical thinking University of London, liability under the ECPA is when prior consent has been given for any interception or access of writing for students Bronte, e-mail in electronic storage. Interception of electronic communication is expressly allowed by Coventry University the ECPA when “one of the parties to the communication has given prior consent.” [18 U.S.C. ? 2511(2)(d) (1994).] Also, access to stored electronic communication is allowed without liability when authorization has been given “by a user of that service with respect to essay Bronte College a communication of Cambridge, or intended for that user.” [18 U.S.C. ? 2701(c)(2) (1994).] An easy case to understand here is American Computer Trust Leasing v. Jack Farrell Implement Co. [763 F. Supp. 1473, 1495 (D. Essay Writing College. Minn.
1991)]. Summary judgement was granted in this case stating that when the party consented to the access of its computer system, it “cannot now claim that such access was unauthorized.” The key to conclusion Saxion of Applied Sciences prior consent is setting policies for corporate e-mail use and notifying employees that they will be monitored. This policy should be corporate-wide and employees that use the writing system will be judged as giving implied consent upon reviewing the policies and agreeing to of an argumentative essay the fact that they have read and reviewed the policies. Employers should also be aware that a provision in an e-mail policy which only writing for students Bronte College suggests that monitoring will be done, such as one which reads, “ABC, Inc. reserves the right to monitor all e-mail communication,” may not operate to create implied consent. 2. Business Use Exemption. Employers may use the business use exemption for interceptions made within the conclusion of an Saxion University ordinary course of Bronte, business. The business use exemption is more commonly applied in telephone monitoring cases where improper use of a business telephone is in question.
Therefore, the provision upon which it is based is unlikely to apply in the e-mail arena. The definition of “intercept” in the ECPA excludes interceptions captured by “telephone or telegraph instrument, equipment, or facility, or any component thereof, (i) furnished to components of critical City, University of London the subscriber or user by a provider of wire or electronic communication services…being used by the subscriber or user in the ordinary course of for students Bronte, business.” [18 U.S.C. ? 2510(5)(a)(i) (1994).] Based on this definition, it indicates that telephone or telegraph equipment is necessary for the exclusion to apply. It is even doubtful that the courts will consider a modem to be telephone equipment. There is another clause within the ECPA that allows employers to apply the business use exemption. Section 2511(2)(a)(i) states: It shall not be unlawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of a provider of wire of electronic communication service, whose facilities are used in the transmission of a wire of electronic communication, to intercept, disclose, or use that communication in the normal course of employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the peer The University of Northampton provider of essay writing College, that service. [18 U.S.C. ? 2511(2)(a)(i) (1994).]
For this exemption to apply, the employer would have to a english essay be classified as a system provider or an essay for students, agent of a system provider. Several commentators on the subject have speculated that employers do qualify as system providers. The term provider would likely include public email networks, such as Prodigy and Compuserve, and article, the term agent may or may not be defined to include employers who subscribe to or use their e-mail service. Companies with their own e-mail systems on their own networks could also fall under this exception as electronic communication service providers. Assuming that an for students Bronte College, employer does qualify as a system provider, any interception would still need to be made within the ordinary course of business. [18 U.S.C. ? 2511(2)(a)(i) (1994).] Previous case law in telephone call monitoring provides some “stare decisis” for monitoring of employee e-mail in the ordinary course of business. In both Watkins v. Peer The University Of Northampton (NAVITAS). L.M. Berry #038; Co. [704 F.2d 577 (11th Cir. 1983).] and Briggs v. American Filter Co. [630 F.2d 414 (5th Cir.
1980).], the courts decided that if the employer had difficulty controlling personal use of business equipment, then a personal call could be intercepted in the ordinary course of business to determine its nature, but not its contents. The employer should be cautious with the business use exception, as the definition of “within the ordinary course of business” is still undefined. 3. Essay For Students Bronte College. System Providers. Where employers provide their own company e-mail system there are two additional thoughts to support the non-relevance of the ECPA to them. The first theory is only available for employers with a system whose messages remain entirely intrastate, and is based on the ECPA’s applicability being limited to interstate communications. Under this theory, an intracompany e-mail system, whose messages do not cross state lines and which is not connected to an interstate network, fails to fall under the definition of peer review, “electronic communications service,” [18 U.S.C. Essay For Students. ? 2510(15) (1994).] and falls outside the protection of the ECPA.
The definition of components of critical City, University of London, electronic communications under the law only pertains to essay Bronte such communication that affects interstate or foreign commerce. However, the action could fall under the Interstate Commerce Clause if it is determined that the activity affects interstate commerce. In Perez v. United States [402 U.S. 146, 152 (1971)] the court stated “that a class of activities can be properly regulated by Congress without proof that the particular intrastate activity against i need someone to write my essay Cologne, which a sanction was laid had an effect on commerce.” Also, in Wickard v. Filburn [317 U.S. 111, 125 (1942)], the observation was made that “local activity may be reached by Congress if it exerts a “substantial economic effect on interstate commerce, irrespective of whether such effect is indirect.” Because the Interstate Commerce Clause could pre-empt this theory, the theory appears to have no basis and would be a shaky defense in a court of law. The second theory for essay writing for students Bronte, exclusion rests upon the ECPA’s clear exemption of system providers from its prohibition against conclusion of an Sciences, access and disclosure of for students College, stored electronic communications. [18 U.S.C. ? 2701(c)(1) (1994)] The exception states “Subsection (a) of this section does not apply with respect to conduct authorized (1) by the person or entity providing a wire or electronic communications service.” Although speculation provides that employers should qualify as system providers, there is little legislative history that provides clarity on whether or not Congress intended to exempt private companies who provided their own e-mail system as system providers from the ECPA. Senate Reports on the ECPA acknowledged the existence of of an argumentative essay Saxion, internal e-mail, but did not address the law’s affect on Bronte College, those systems. In addition, testimony during the Senate hearings reflected an seo CATS College, overriding concern for a company’s rather than an essay writing for students Bronte College, individual’s privacy. Some testimony during the Senate hearings even argued that the proposed legislation should cover all electronic communications. Philip Walker, Vice-Chair of the of an Sciences Electronic Mail Association (EMA), stated that, “electronic mail users deserve privacy regardless of what type of entity runs their system.” [S.
Rep. No. 99-541 (1986) Hearing on S. 1667 Before the Subcommittee on Patents, Copyrights and essay writing for students College, Trademarks of the Senate Committee on the Judiciary, 99th Congress 42 (1986)(statement of Senator Patrick Leahy (D-Vermont)).] This uncertainty of Congress has left the door open has left the argumentative Saxion University of Applied Sciences door open for courts to essay College create a narrow definition of system providers, which could only include public, commercial providers such as America On-line, Prodigy, and Compuserve. Employers should again not depend on the system provider exception, but rather use the business-use or consent exceptions. IV. Writing. Case Discussion. In examining case law concerning e-mail privacy, there are a few standard benchmark cases. Essay Writing For Students Bronte College. Most of these cases come from California and it is no coincidence that this law should develop in what is considered a technological center of the College United States. In California, which has some of the strongest laws protecting individual privacy rights, the courts have been unwilling to enforce promises made by employers to employees that their e-mail messages would be kept confidential. In fact, the California Supreme Court refused to review the case of Alana Shoars v. Epson America Incorporated. In that case Ms.
Shoars, who was the e-mail administrator, told Epson’s employees that their e-mail was confidential. A supervisor subsequently set up a gateway that allowed him to monitor all the employees’ e-mail. When Ms. Shoars learned of this practice she immediately complained to her supervisors, and then was fired for “gross insubordination”. The judges in Ms. Shoars case concluded that California privacy laws did not encompass the workplace or e-mail and basically left it in the hands of the essay for students College legislature. The same result was found in Flanagan v. Epson. [Sup. Conclusion Saxion. Ct.
Cal., Jan. 4, 1991] In this case, an employee brought a class action lawsuit alleging that Epson invaded the employee’s privacy by essay writing College circumventing their passwords and reading their e-mail messages while advertising a feeling which led the of an argumentative Saxion Sciences employees to believe their messages were private. The final case interpreting California’s Constitutional right to privacy was Bourke v. Nissan Motor Company. Writing For Students College. [California Superior Court, Los Angeles County (1991)] In determining whether the essay writing right to privacy has been violated, the court said you must first determine whether the individual had a personal and objectively reasonable expectation of privacy. Nissan argued that there was no reasonable expectation because the essay for students Bronte employees had signed a Computer User Registration Form, which stated, “it is essay writing company policy that employees and contractors restrict their use of company-owned computer hardware and essay writing for students College, software to components of critical City, of London company business. Bourke and Hall countered that they had a privacy expectation because they were given passwords to access the essay College computer system and were told to safeguard these passwords. The court realized that a subjective expectation of privacy existed, however this was not objectively reasonable. As a result, since there was no reasonable expectation of privacy, there was no violation of the right to review papers The University privacy. The federal courts seem to have taken the same position. In Smyth v. Pillsbury Corporation, [914 F. Bronte. Supp. 97 (E.D. Pa.
1996).] a federal court in Pennsylvania ruled this year that Pillsbury Corporation was entitled to fire a manager who had sent e-mail critical of peer review papers The University, a supervisor, even though the essay writing for students College company had explicitly promised it would not monitor e-mail messages. The court reasoned that an employer may not be prevented from firing an employee based upon a promise, even when reliance is write a english demonstrated. For Students College. The court also quickly dismissed plaintiff’s claims of of critical thinking City, of London, a tortious invasion of privacy under common and statutory law. On the other hand, cases involving intrusion are found to not be an invasion of privacy when a legitimate business reason exists for an intrusion. In Vernars v. Young [539 F.2d 966 (3d Cir.
1976).] an employee’s e-mail was opened and read by a fellow employee. A cause of action for invasion of writing for students Bronte College, privacy was found in this case. This was because there was no legitimate business reason for the intrusion. V. Article Seo CATS. Preventive Policy Measures. The ECPA signals that the most favorable method for employers to for students College protect against liability is to gain prior consent from employees before monitoring or accessing their business e-mail accounts. What this does is argumentative essay of Applied Sciences provides a reasonable expectation of writing Bronte, privacy (or lack thereof) for employees regarding e-mail. The following issues should be considered when creating policies concerning e-mail practices: ? Consult a lawyer or other employment specialist with expertise in employment and privacy issues in your state. ? Prepare a written policy.
? Include a clear description of the permissible uses of e-mail. ? Receive verification that the employees have reviewed and agree to the policies. ? Update the policies to change with technology. ? Emphasize and impermissible content for e-mails. ? Clearly state that the i need someone to write my essay Business School e-mail administrators may unintentionally view e-mail during troubleshooting practices. ? Inform employees and independent contractors of for students College, any intent to monitor e-mails. ? State the consequences of misuse of the writing College e-mail system. ? Show flexibility by Bronte allowing limited personal use of the e-mail system but clearly define acceptable personal uses. ? Be clear if different standards apply to different classifications of employees/managers.
? Remind employees of how to a english Coventry, any confidential nature of essay Bronte College, your projects that should not be disclosed in e-mails. ? Clearly describe the times that the monitoring of e-mail will take place. ? Create policies regarding the retention time of e-mails and backups of e-mail systems. ? Do not bury the policy in pages and pages of policies in a company handbook. ? Distribute and re-distribute the components of critical thinking policy from time-to-time so employees remember it. ? Be consistent and non-discriminatory in your enforcement of the policies. Most companies are flexible and allow for employee’s limited personal use of the e-mail system. They simply trust their employees to use good judgement and get their jobs done.
Others either have written policies in place or are planning them. Whether or not you decide to writing for students Bronte College have a policy for your company, let the employees and independent contractors know if you do or do not have a policy. Clear communication is the custom writing best way to avoid disputes. It also provides for a more positive working environment. VI. Future Privacy Legislation. Several attempts have been made to make the current laws regarding privacy in e-mail more clear and more in writing for students College, line with the custom service du Leman technological advances of the late 20th century. In 1993, a bill was introduced by Senator Paul Simon (D-Ill.) to restrict employer monitoring of e-mail. The bill never came up for a vote.
The Privacy for essay writing Bronte, Consumers and thinking University, Workers Act has not been voted on essay College, either. This legislation was introduced by Representative Pat Williams (D-Mont.). The PCWA addresses from a english essay Coventry University two perspectives the issue of employer monitoring of essay writing Bronte College, employees: electronic monitoring and telephone call accounting. In addressing the issue of electronic monitoring, PCWA can be analyzed in five parts: permitted monitoring, notice of monitoring, prohibited monitoring, data obtained from monitoring, and someone to write Business School, penalties. Thought has been given to allow technological organizations, such as the Electronic Messaging Association, to writing for students Bronte College govern the use of how to write Coventry, e-mail and the privacy that users can expect. The organization has already adopted rules for the use of e-mail as well as assisted in creating the “ten commandments for e-mail.” Those commandments (there are actually only 7) are: ? Don’t use anonymous remailers. ? Don’t look at essay Bronte College, other’s messages. ? Don’t misrepresent or lie. ? Follow EMA guidelines.
? Consider presentation of a message. In today’s technologically advanced world, new ideas and inventions are around us on how to University, a daily basis. A lot of these advances create opportunities for for students, play or even danger. To prevent this action in the workplace, employers are using technology to monitor and i need someone to write my essay, keep track of employees and their actions. The level of surveillance being practiced by employers is essay writing for students Bronte College unprecedented. On both sides, employer and employee, their must be efforts made to prevent over-abuse by either side. There are both ethical and social responsibilities that need to be shared to keep the technology from overwhelming us. I hope that I have shown that the current law in this area is inadequate and needs to be reviewed.
The current law in this area, the Electronic Communications Privacy Act of 1986, does not satisfactorily address the many problems in connection with abuse of e-mail systems by employees or abuse of privacy issues by City, employers. The Federal Court of Appeals for the Fifth Circuit has commented that the ECPA is simply not clear and is too broad to be effective. One of the main reasons for this is that the ECPA is simply an for students College, amended version of the 1968 federal wiretap law which was originally adopted to deal with telephone eavesdropping. Review Papers Of Northampton (NAVITAS). Those laws do not significantly address the changes in writing for students College, technology that provide the someone wonder of e-mail. With the current legislation being ambiguous, and writing Bronte, no new legislation yet passed, the next best solution is encouraging employers to how to essay University implement a clear e-mail policy. All employees should receive a copy and be required to sign a form which acknowledges the fact they have read the details of the company’s policy. This should not be considered a permanent solution to the problem of e-mail privacy. Essay Writing Bronte College. It is only a temporary solution that will keep employees and i need Cologne Business School, employers on for students College, the same page regarding the expectation of corporate behavior as far as e-mail is involved.
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