News & Analysis as of

Consent United Kingdom

Sheppard Mullin Richter & Hampton LLP

UK ICO Uses AI In Cookie Banner Review

The UK Information Commissioner’s Office recently reported that it is continuing its review of website cookie banners. It had expressed concern late last year that these banners were not giving “fair choices” because they did...more

Eversheds Sutherland (US) LLP

Updata: Your quarterly privacy & cybersecurity update - January to March 2023

Welcome to the latest edition of Updata! Updata is an international report produced by Eversheds Sutherland’s dedicated Privacy and Cybersecurity team – it provides you with a compilation of key privacy and cybersecurity...more

BCLP

Data Protection Reform - Will the UK Score its Burden-Reducing Goals?

BCLP on

On 8 March 2023, the newly-created Department for Science, Innovation and Technology (“DSIT”) introduced the UK government’s updated proposals for data protection reform in the shape of the Data Protection and Digital...more

Benesch

The UK Moves to Reform the UK GDPR Aims to be Both Business Friendly and Adequate in the Eyes of the EU

Benesch on

While the reform is a long way away from a certainty, it represents a departure of the UK from the EU’s strict adherence and adoption of the General Data Protection Regulation which came into effect in 2018. Earlier this...more

BCLP

EU Cookie Banners: EU Cookie Banner Task Force Report Homes in on Unlawful Practices

BCLP on

On 18 January 2023, the European Data Protection Board (the “EDPB”) announced the adoption of a report on the work undertaken by the Cookie Banner Task Force (the “Task Force”). The Task Force was formed in September 2021 for...more

WilmerHale

The Continued Restricted Use of Information Obtained via Mutual Legal Assistance Request

WilmerHale on

On 4 November 2022, in the case of FCA v Papadimitrakopoulos & Gryparis1 , the UK High Court reaffirmed the principle that information obtained via Mutual Legal Assistance (MLA) requests can only be used for the purpose for...more

BCLP

How long does a landlord have to respond to a request for consent to assign?

BCLP on

I am the owner of a luxury three-storey leasehold apartment. My lease has 150 years to run. I want to sell by assigning the lease, but I need my landlord’s consent (not to be unreasonably withheld) to assign lawfully my...more

White & Case LLP

Replacing Pay with Equity to Preserve Cash in a COVID Economy

White & Case LLP on

As pandemic effects linger, companies intent on avoiding layoffs are looking at compensating workers with equity in lieu of cash as part of their pay. In August 2020, the United Kingdom began winding down its Coronavirus...more

BCLP

Coronavirus: UK Job Retention Scheme online portal now open / employee consent

BCLP on

Today, the UK Coronavirus Job Retention Scheme (‘CJRS’) online portal has opened for employers to make applications for furlough grants. You can find the portal here....more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - March 2020

In this month's edition of our Privacy & Cybersecurity Update, we examine comments from the California attorney general's office regarding the start date for enforcement of the California Consumer Privacy Act in light of...more

International Lawyers Network

Reviving a brand? A reminder to ensure it is put to genuine use

The case of Aiwa Co. Ltd v Aiwa Corporation is a useful reminder to brand owners, particularly those who are looking to revive a brand, of what amounts to “genuine use” of a registered trade mark. The case particularly...more

Dechert LLP

Adtech and real time bidding: ICO prepared to take action

Dechert LLP on

In a recently published blog, the Information Commissioner’s Office (“ICO”) provided an update on its review of the adtech sector and noted that, whilst two key organisations are starting to make changes and many have engaged...more

Hogan Lovells

Recent Developments on Cookies – a Pan-European Overview

Hogan Lovells on

The legal requirements for the use of cookies have been subject to discussion over the last few years, with little to no enforcement and guidance from European data protection authorities (DPAs). That has changed recently....more

A&O Shearman

Adtech – the Final Countdown?

A&O Shearman on

On 19 November 2019 the UK ICO held a follow-up to its Adtech Fact Finding Forum (held in March 2019). With several key adtech players having aired their concerns, challenges and frustrations back at the March forum, the mood...more

Hogan Lovells

Landlord consent case splits the Supreme Court

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Property cases do not often make it all the way to the Supreme Court, let alone cases relating to a landord’s refusal of consent under a lease.  For that reason alone, the Supreme Court Justices’ decision in the case of...more

BCLP

ECJ Issues First Cookie Decision After GDPR

BCLP on

On October 1, the European Court of Justice (the “ECJ”) confirmed recent guidance from the UK and CNIL regulators in finding that the use of pre-checked boxes does not constitute consent for processing of personal information...more

Latham & Watkins LLP

Adtech and Real Time Bidding in the Regulatory Crosshairs

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UK data protection regulator demands companies in the RTB ecosystem re-evaluate privacy notices, use of personal data, and lawful basis. The UK Information Commissioner’s Office’s (ICO’s) latest report into adtech and real...more

BCLP

GDPR Privacy FAQs: Do cookie banners that disclose the use of analytics or behavioral advertising cookies, and state that...

BCLP on

Probably not. A data subject’s consent to the use of analytics or behavioural cookies must be a valid “affirmative act.”  While it may be argued that the data subject is indeed performing an “affirmative act” by continuing...more

BCLP

GDPR Privacy FAQs: Do European privacy laws require a cookie banner when a company uses first-party session cookies?

BCLP on

Probably not. A cookie can qualify as “personal data” under GDPR when it can be linked to an individual person.  Even in instances where a cookie cannot be linked, it is still governed by the ePrivacy Directive and...more

Hogan Lovells

The French Data Protection Authority Gets Ahead of the Game With New Rules on Cookie Consent Before the ePrivacy Regulation...

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The French Data Protection Authority (the CNIL) has made targeted online advertising a priority topic in its 2019-2020 agenda and has changed its position on cookie consent. Although the ePrivacy Regulation is still being...more

Hogan Lovells

Cookie consent – What “good” compliance looks like according to the ICO

Hogan Lovells on

On 3 July 2019, the UK data protection authority (the ICO) updated its guidance on the rules that apply to the use of cookies and other similar technologies.  The ICO has also changed the cookie control mechanism on its own...more

WilmerHale

UK ICO Report Scrutinizes Adtech Industry, Focusing on Real-Time Bidding Systems, Threatens Sweep in Six Months

WilmerHale on

In recent months, the Office of the Information Commissioner of the UK (“ICO”) has been looking into how personal data is used in real time bidding (“RTB”) in programmatic advertising, involving key stakeholders, including in...more

Sheppard Mullin Richter & Hampton LLP

UK ICO Fines Parenting Club ÂŁ400,000 Over Breach Involving PII of Mothers and Babies

The ICO first began its examination of Bounty UK Ltd. (a support club for parents) when the ICO was investigating the data brokerage industry generally, of which it viewed Bounty as taking part (given that it shared member...more

Latham & Watkins LLP

What Companies Can Learn From CNIL’s Privacy Consent Cases on Targeted Marketing

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The closure of four cases involving targeted advertising provides lessons for navigating compliance standards under the GDPR. The recent closure of cases brought by the French Data Protection Authority (CNIL) against four...more

Sheppard Mullin Richter & Hampton LLP

UK’s ICO Brings Texting Enforcement Action, Fines Vote Leave 40,000 Pounds

Prior to the “Brexit” vote in 2016, the pro-Brexit campaign, Vote Leave, sent almost 200,000 unsolicited texts in violation of the Privacy and Electronic Communications Regulations (PECR), according to a recent settlement it...more

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