IN THIS ISSUE
2. Reflections on the Estonia Disaster
3. Sailors’ Society Goes East
4. Thoughts of AAA Chairman Richards
5. GDPR News
6. People and Places
FOB Network News
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The Maritime Advocate
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2. Reflections on the Estonia Disaster
William Langewiesche, writing in the Atlantic uses his writerly skill and imagination to describe the loss of the Estonia in September 1994. The article is longer than 9000 words but repays reading for giving the sense of what happened on the night of the tragedy:-
3. Sailors’ Society Goes East
The world’s oldest maritime welfare charity Sailors’ Society has announced an expansion into China, home to the largest number of seafarers globally.
The charity, which celebrates its 200th anniversary this year, is working with the support of Shanghai Maritime University to gain NGO status in China.
Sailors’ Society’s chief executive Stuart Rivers and deputy CEO Sandra Welch are in China this week holding talks and identifying local partners to deliver port-based services.
Based in Southampton in the UK, the organisation now works in 30 countries across the world. It transforms the lives of seafarers and their families in need through a wide spectrum of programme from helping seafarers stay in contact with loved ones back home to crisis response and education projects. The charity’s renowned Crisis Response Network is now available to Chinese seafarers both in mainland China and internationally.
4. Thoughts of AAA Chairman Richards
Sheila Jones has sent in references to the speech given by Willum Richards at the Annual meeting of the Average Adjusters Association. His theme examined clauses and rules applying to fishing hulls and asked questions like ‘who are the crew?’ and ‘what are wages?’which he thought were areas of marine claims ‘shaded in grey’. As maritime people go, average adjusters are in your editor’s experience very agreeable and very knowledgeable people who often have a point of view worth careful listening to.
You can read his speech in full here:-
5. GDPR News
Our friends over at the Intelligent Insurer in the meantime have published these thoughts on the new European General Data Protection Regulation, the anticipation of which is currently using enormous bandwidth as it travels around the world:-
The GDPR will come into force on May 25, 2018 and aims at giving control to EU citizens and residents over their personal data.
There are currently only a few jurisdictions in Europe where civil fines can be covered by insurance and, even then, there must be no deliberate wrongdoing or gross negligence on the part of the insured, according to the research. Criminal penalties are almost never insurable. GDPR administrative fines are civil in nature, but the GDPR also allows European Member States to impose their own penalties for personal data violations, the report notes.
In 20 out of 30 reviewed jurisdictions GDPR fines would generally not be regarded as insurable, including the UK, France, Italy and Spain.
In eight of the jurisdictions it is unclear whether GDPR fines would be insurable, Aon and DLA Piper note. In these jurisdictions specific details around individual cases, for example the conduct of the insured and whether the fine is classed as criminal, will need to be considered.
“While there are only a few jurisdictions where GDPR fines are insurable, insurance against legal costs and liabilities following a data breach is widely available across Europe and may provide valuable cover to organisations,” said Prakash Paran, partner at DLA Piper.
Whilst the insurability of GDPR fines may be limited, insurance forms a key component of an organisation’s risk management strategy to manage costs associated with GDPR non-compliance and resulting business disruption losses, the report noted. Such costs could include legal fees and litigation, regulatory investigation, remediation and other costs associated with compensation and notification to impacted data subjects.
Vanessa Leemans, chief commercial officer Aon Cyber Solutions EMEA, added: “GDPR will expose organisations to significantly higher risks related to how they manage and store personal data. Data breaches, and other cyber events, could see businesses face both major fines and extensive costs. It is therefore essential that organisations fully understand where their exposures lie. They should work closely with their insurance partners to ensure they have an appropriate risk transfer solution and incident response plan in place.”
6. People and Place
ABS, the American Club and Lamar University are launching a new joint initiative aimed at reducing maritime-related safety incidents. The initial focus of the partnership’s analysis and industry guidance will be on slips, trips and falls, a significant cause of maritime injuries.
BIMCO has appointed Jakob P. Larsen as Head of Maritime Security. He has a broad maritime experience from both the private and public sector – and always with a large security component
Lloyd’s Register has approved the installation of a rotor sail on the Viking Line’s LNG-fuelled Viking Grace, which is the first passenger ship in the world equipped with a rotor sail for the utilisation of wind power. Lloyd’s Register (LR) approved the structure and the risk-assessment related to the installation of the sail, in line with its Guidance Notes for Flettner Rotor Approval. The approvals were conducted to ensure that the Flettner rotor would not adversely affect the safe operation of the ship or the safety of the crew.
The rotor sail, developed by Finnish company Norsepower, is expected to cut fuel consumption and reduce emissions by up to 900 tonnes of CO2 annually. Viking Grace is already operating on wind assisted voyages between Turku, Finland and Stockholm, Sweden. The LNG-fuelled ferry has been in operation since 2013 when LR helped Viking Line handle the complexities of the LNG tanks on the stern deck as well as its regulatory, class and operational requirements.
The cylindrical rotor sail installed on Viking Grace is 24m in height and 4m in diameter and uses the Magnus effect for propulsion. As the rotor is spinning, the passing air will flow with a lower pressure on one side than the opposite side. The propulsion force created by this pressure difference drives the vessel forward. The rotor sail operation is automated and the system will shut down in response to any disadvantageous changes in the direction or force of the wind.
Hapag-Lloyd has extended the contract of Chief Executive Officer Rolf Habben Jansen for a further five years, until March 2024. Additionally, Lars Christiansen will assume the position of Senior Managing Director of Region Asia, in Singapore. Christiansen will be replacing Joachim Schlotfeldt, who was appointed Chief Personnel and Global Procurement Officer (CPO) on the Executive Board of Hapag-Lloyd.
Dheeraj Bhatia has been appointed Christiansen’s successor in this position as Senior Managing Director Region Middle East. Bhatia was most recently Managing Director of Area India.
From the Avo Archive
The website of this newsletter contains all the editorial material since the inception of the Maritime Advocate as a print based quarterly in 1997 under the founding aegis of John Guy, Chris Hewer and Manfred Arnold. Readers can go to the site and search the database on the home page in its entirety. If you are looking for an old case, an old controversy or you would just like to see how many times you and your firm have featured in our annals feel free to access the archive. It is like this e-zine, free to Readers and we always appreciate the support of advertisers and sponsors.
Searching around for privacy references, we ran across this passage in Issue 154 of 4th May 2004, dedicated to snail mail aspects:-
THIS week it is exactly 131 years since the first postcard, with a stamp printed on it, was issued in the United States. It arrived last week.
The last sentence was a joke – well, a lie actually – but it does serve as a lead-in, however clumsy, to the observation that today’s postal services are currently a cause for concern almost everywhere. In the UK alone, fourteen million letters go astray each year.
This week your editor watched a television programme about Anthony Trollope, the nineteenth century English novelist who was responsible for first introducing postboxes onto the streets of England. In so doing, he struck a great blow – which would apparently have displeased him – for women’s liberation.
Until the advent of the postbox, letters in England were collected and delivered by hand, and letters written by women had first to escape the censorship of their fathers, most of whom were sterner than Trollope, if such a thing is possible. The advent of the postbox opened the door to privacy, if that is not an oxymoron.
In England today, there is general dismay at the lateness of postal deliveries. It is difficult to explain, particularly since it can’t be volume that is the problem because email and text have taken a large swathe of the world’s correspondence out of the hands of its postmen, much to the annoyance of fierce dogs and trouser-seat repairers everywhere. But the writer of a letter to the London edition of The Times explained recently how his family had overcome the disappointment of late postal deliveries.
Exasperated by the post arriving in the late afternoon, rather than, as it used to, in the morning, the family simply went one day without picking up their post from the mailbox on their garden wall. Then they resumed the following day by picking up their post first thing in the morning, and have been doing so ever since. Their post is always a day late, but they are happy.
Map of London Slang
Our favourite blog about London features a work called Argotopolis. This map of London slang is a collaboration between Adam Dant the artist and Jonathon Green, lexicographer of slang, organised around relevant locations in the capital. Click on Adam’s map to study it in detail and read Jonathon’s glossary to learn more about the language.
Evidence of Net Addiction.
You may be a bit of a propeller head if:-
You kiss your girlfriend’s home page.
Your bookmark takes 15 minutes to scroll from top to bottom.
Your glasses have a web site burned in on them.
You find yourself brainstorming for new subjects to search.
You refuse to go to a vacation spot with no electricity and no phone lines.
You finally do take that vacation, but only after buying a cellular modem and a laptop.
You spend half of the plane trip with your laptop on your lap…and your child in the overhead compartment.
Your night dreams are in HTML.
You find yourself typing .COM after every period when using a word processor.com.
You turn off your wifi and get this awful empty feeling, like you just pulled the plug on a loved one.
You refer to going to the bathroom as downloading.
You start introducing yourself as “Jim at I-I-Net dot net dot au.
Your heart races faster and beats irregularly each time you see a new WWW site address in print or on TV, even though you’ve never had heart problems before.
You step out of your room and realize that your parents have moved and you don’t have a clue when it happened.
You turn on your intercom when leaving the room so you can hear if new e-mail arrives.
Your wife drapes a blond wig over your monitor to remind you what she looks like.
All of your friends have an @ in their names.
When looking at a page full of someone else’s links, you notice all of them are already highlighted in purple.
Your dog has its own home page.
You realize there is not a sound in the house and you have no idea where your children are.
You check your mail. It says “no new messages.” So you check it again.
You refer to your age as 3.x.
You code your homework in HTML and give your instructor the URL.
You don’t know the sex of three of your closest friends, because they have neutral nicknames and you never bothered to ask.
You name your children Eudora, Mozilla and Dotcom.
Your husband tells you he’s had the beard for two months.
You start looking for hot HTML addresses in public restrooms.
You wake up at 3 a.m. to go to the bathroom and stop and check your e-mail on the way back to bed.
You tell the cab driver you live at < http://123.elm.street/house/bluetrim.html>http://123.elm.street/house/bluetrim.html
You actually try that 123.elm.street address.
You tell the kids they can’t use the computer because “Daddy’s got work to do!” and you don’t even have a job.
You buy a Captain Kirk chair with a built-in keyboard and mouse.
Your wife makes a new rule: “The computer cannot come to bed.”
You are so familiar with the WWW that you find the search engines useless.
The last girl you picked up was only a jpeg.
You ask a plumber how much it would cost to replace the chair in front of your computer with a toilet.
You forget what year it is.
You start tilting your head sideways to smile.
You ask your doctor to implant a gig in your brain.
You turn on your computer and turn off your wife.
You decide to stay in college for an additional year or two, just for the free Internet access.
You start using smileys in your snail mail.
Only communication in your household is through email.
Batteries in the TV remote now last for months.
You hire a housekeeper for your home page.
New mail alarm on your smart phone annoys other churchgoers.
Your mouse-clicking forearm rivals Popeye’s.
[Merci Paul Dixon]
A man in a bar sees a friend at a table, drinking by himself.
Approaching the friend, he comments, “You look terrible. What’s the problem?”
“My mother died in June,” he said, “and left me $10,000.”
“Gee, that’s tough,” he replied.
“Then in July,” the friend continued, “My father died, leaving me $50,000.”
“Wow. Two parents gone in two months. No wonder you’re depressed.”
“And last month my aunt died, and left me $15,000.”
“Three close family members lost in three months??? How sad!!!”
“Then this month,…” continued, the friend, “Nothing! Not a single dime!”