The last few years have witnessed remarkable changes in the privacy world. The GDPR, the CCPA, the invalidation of the EU-US Privacy Shield framework and the related obligations resulting from the Schrems II decision - to...more
5/7/2021
/ Binding Corporate Rules ,
California Consumer Privacy Act (CCPA) ,
Data Controller ,
Data Processors ,
EU ,
EU-US Privacy Shield ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
Importers ,
International Data Transfers ,
Privacy Laws ,
Risk Assessment ,
Schrems I & Schrems II ,
Standard Contractual Clauses
With the UK unambiguously out of the EU, this fourth and final installment of our Data & Brexit Digest explores the topic of appointed representatives under Article 27.
What is an Article 27 representative?
The...more
With the UK now unambiguously out of the EU, the EU General Data Protection Regulation (2016/679) (“EU GDPR”) has been replaced by the United Kingdom General Data Protection Regulation (“UK GDPR”). In this third instalment of...more
1/28/2021
/ Commercial Contracts ,
Contract Drafting ,
Data Breach ,
Data Protection ,
Data Security ,
EU ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
International Data Transfers ,
Notice Requirements ,
Privacy Policy ,
Regulatory Requirements ,
UK ,
UK Brexit ,
UK GDPR
This second instalment of our Brexit & Data Digest outlines the main sources of data protection law in the UK following the end of the Brexit transition period, and how the EU GDPR may continue to have relevance for companies...more
In spite of the holiday period, few will have missed the fact that the UK and the EU concluded a Trade and Cooperation Agreement on 24 December 2020. The Agreement provides a framework under which trade will take place...more
12/30/2020
/ EU ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
International Data Transfers ,
Member State ,
Personal Data ,
Trade Agreements ,
Transitional Arrangements ,
UK ,
UK Brexit ,
Withdrawal Agreement
Recent M&A deals the teams have worked on involving insolvent corporates have highlighted the challenges which exist around the transfer of customer lists and databases, which are often a significant asset for the...more
11/16/2020
/ Change in Control ,
Data Controller ,
Data Transfers ,
Direct Marketing ,
Electronic Communications ,
Email ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
Insolvency ,
International Data Transfers ,
Marketing ,
Privacy and Electronic Communications Regulation 2003 (PECR). ,
Reorganizations ,
Sale of Assets ,
Text Messages ,
UK
On 2 September 2020, the European Data Protection Board (“EDPB”) published draft guidelines on the concepts of controller, joint controllers and processor, which – as explained below - play a crucial role within GDPR...more
On 2 September 2020, the European Data Protection Board (“EDPB”) published draft guidelines on the concepts of controller, joint controllers and processor, which – as explained below - play a crucial role within GDPR...more
It depends on the country.
Many EU countries have laws that address whether a company can record a call without obtaining the consent of the caller....more
From the ICO’s standpoint, the steps you elect to take post-breach and the speed with which you implement them are key. Demonstrating readiness to learn lessons from a breach incident by making investments in post-breach...more
In this part of our briefing series, we look at how individual reactions to a data breach can shift the dial from a regulator’s perspective. Recent decisions have shown that the ICO will look behind a company’s public...more
When the regulator has decided to investigate your organisation following a data breach, the remit for the investigation will be wide-ranging and go beyond the narrow circumstances of the breach. Recent decisions shed useful...more
Key to recent ICO decisions has been the ICO’s assessment of the extent and quality of communications with affected individuals and the regulator itself. It is clear the ICO sees certain behaviours (such as the setting up of...more
In this part of our briefing series, we cover how prior regulatory enforcement action affects the assessment of sanctions and some pitfalls associated with undertaking internal security audits.
Who is this relevant for?...more
3/20/2020
/ Corporate Fines ,
Corporate Liability ,
Cybersecurity ,
Data Protection Authority ,
Enforcement Actions ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
Internal Audit Functions ,
PCI-DSS Standard ,
Security and Privacy Controls ,
Security Audits ,
UK ,
UK Brexit
What insights into cyber security norms can organisations glean from the UK ICO’s recent enforcement decisions, most of which have been released since the GDPR came into force?
Final fines are still awaited on the UK’s...more
We are now over a year on from the major changes made to the European data protection regime by the GDPR so it is time to revisit what the changes mean now for the hospitality sector and investment in it, given increased...more
11/6/2019
/ Amended Regulation ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Processing Rules ,
Data Processors ,
e-Privacy Directive ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
Hospitality Industry ,
Hotels ,
Information Commissioner's Office (ICO) ,
Member State ,
Popular ,
Regulatory Standards ,
Risk Management ,
Technology ,
UK
The interaction between the General Data Protection Regulation (2016/679) (“GDPR”) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended) (“PECR”) has been vexing for some time now.
As a...more
Ready for the Inevitable?
Barely a day goes by without a data breach hitting the headlines. It is becoming a fact of life for any firm holding data that, from time to time, some of that data might be lost, stolen,...more
5/14/2019
/ Cyber Incident Reporting ,
Data Breach ,
Data Protection ,
Data Protection Officers (DPOs) ,
Financial Conduct Authority (FCA) ,
General Data Protection Regulation (GDPR) ,
Incident Response Plans ,
Information Commissioner's Office (ICO) ,
Insurance Claims ,
Notice Requirements ,
Prudential Regulation Authority (PRA) ,
Risk Management ,
UK