News & Analysis as of September 27, 2024

UK Data Protection Act

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Follow this channel for updates and analysis on all aspects of the European Union's General Data Protection Regulation, a reform of EU's data protection rules that impacts individuals throughout the Union and all businesses operating therein. less -

High Court clarifies scope of data subject’s right to know specific recipients of their personal data

A&O Shearman on 7/1/2024

On 7 June 2024, in the case of Harrison v Cameron & Another, the High Court ruled that, in the context of a data subject access request under Article 15 UK GDPR, data subjects are entitled in principle to know the specific...more

Demystifying DSARs: A Beginner’s Guide

Integreon on 2/9/2024

This article originally appeared in The Legal Technologist November/December 2023 Issue here. As individuals, we have the legal right to access personal data held by an organisation, and an increasing number of requests are...more

2023 Global Data Privacy Law Survey Report

Womble Bond Dickinson on 7/18/2023

2023 is shaping up to be a landmark year for data privacy, on both sides of the Atlantic. In the US, four new state laws go into effect – two on July 1 – while California is expanding its already robust requirements, and...more

UK and U.S. Commit to Establish a "Data Bridge" to Facilitate the Free Flow of Personal Data

Wilson Sonsini Goodrich & Rosati on 6/23/2023

On June 8, 2023, the UK and the U.S. governments issued a joint statement announcing that they had committed in principle to the establishment of a “UK Extension to the Data Privacy Framework,” which would facilitate flows of...more

Computer Says Yes? What do the UK’s Proposed Data Protection Reforms Mean for AI?

BCLP on 5/26/2023

How should artificial intelligence (“AI”) be governed? This conundrum is rightly receiving considerable attention from governments, businesses and civil society. ...more

Tinker, Tailor, or Wholesale Reform? The UK’s Data Protection and Digital Information (No.2) Bill

Jenner & Block on 3/21/2023

On 8 March 2023 the UK Government released a new version of the Data Protection and Digital Information Bill (the Bill), which is intended to make a series of changes to the UK’s data protection framework found in the UK...more

UK Data Protection Bill: Examination of Key Provisions (Part 2)

Latham & Watkins LLP on 8/19/2022

Areas of interest include anonymisation, “recognised legitimate interests”, and the ICO’s role. The UK Data Protection and Digital Information Bill (the Bill) sets out the government’s proposals for reforming the current...more

UK Data Protection Bill: Overview of Proposed Changes (Part 1)

Latham & Watkins LLP on 8/19/2022

The bill would largely build on the UK data protection regime’s EU GDPR-style framework, albeit with UK-specific provisions. The UK government introduced the Data Protection and Digital Information Bill (the Bill) to...more

UK’s Data Protection Reform Proposals Show Distinct Divergence from EU Rules

Faegre Drinker Biddle & Reath LLP on 8/4/2022

The UK government has recently published proposals to amend UK data protection legislation with moves towards divergence from EU rules and regulation following the UK’s decision to leave the EU (“Brexit”). The Data Protection...more

English High Court Confirms Narrow Approach to Assessment of Data Breach Liability

Jones Day on 2/25/2022

On 31 January 2022, the English High Court delivered its judgment in Stadler v Currys Group Limited (EWHC 160 (QB)); the latest in a series of rulings which appear set to constrain the relatively nascent UK data breach claims...more

What Is the Future for Opt-Out Class Actions in the UK After Lloyd v Google?

Skadden, Arps, Slate, Meagher & Flom LLP on 1/19/2022

Takeaways - The U.K. Supreme Court, in its much-anticipated decision in Lloyd v Google, held that “opt-out” representative (class) actions cannot proceed unless the plaintiff proves material damage and shows that each class...more

Over Before They’d Begun: The End of the Road for Data Protection Class Actions? The UK Supreme Court in Lloyd v Google LLC [2021]...

Jenner & Block on 11/12/2021

On 10 November 2021, the UK Supreme Court handed down its long-awaited decision in Lloyd v Google LLC. In what will be seen as a landmark decision in the fields of data protection and collective actions in the UK, the Supreme...more

Keeping The Floodgates Shut: UK Supreme Court Gives Landmark Data Protection Ruling

A&O Shearman on 11/12/2021

Prospective Class Action Against Google is Stopped - Summary - The UK Supreme Court has handed down its much anticipated judgment in Lloyd v Google LLC. Google has successfully appealed against the Court of Appeal’s...more

UK Supreme Court Landmark Decision Limits Data Privacy Class Actions in the UK

Proskauer on Privacy on 11/11/2021

The UK Supreme Court handed down its much-anticipated decision in the Lloyd v Google LLC [2021] UKSC 50 case on 10 November 2021 restricting claimants’ ability to bring data privacy class actions in the UK under the (now...more

Warren v DSG Retail Ltd – Shifting the Liability Landscape in Post‐Cyberattack Litigation

Orrick, Herrington & Sutcliffe LLP on 8/19/2021

Since the General Data Protection Regulations ("GDPR") came into force in 2018, companies in the United Kingdom (UK) that have suffered cybersecurity attacks often face civil claims from individuals whose data has been...more

BCLP Global Data Privacy FAQs: UK gets its Adequacy Decision from the EU, now what does that mean in practice?

BCLP on 7/7/2021

On 28 June, the European Commission adopted its Adequacy Decision for the UK, putting to an end (at least for now), the uncertainty surrounding EU to UK personal data flows. This averted a “cliff edge” in the shape of the 30...more

Privacy & Cybersecurity Update - July 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 8/6/2020

In this month's edition, we examine the Court of Justice of the European Union's decision invalidating the EU-U.S. Privacy Shield framework, as well as the U.S. government's response to the decision. We also examine two...more

A powerful lesson in UK Data Protection law restrictions

WilmerHale on 5/27/2020

The protections afforded by the GDPR and the UK’s 2019 Data Protection Act (‘DPA’) are not naturally associated with efforts to frustrate and restrict the use of the death penalty internationally. However, the recent Supreme...more

COVID-19 Coronavirus Business Impact: ICO Issues Guidance on Workplace Testing

Dechert LLP on 5/26/2020

The Information Commissioner’s Office (ICO) recently issued guidance for employers on the issues they need to bear in mind when considering the introduction of testing as part of their arrangements for returning staff to the...more

Vicarious Liability for Employee’s Data Breach: Key Takeaways from the U.K. Supreme Court’s Judgment

Akin Gump Strauss Hauer & Feld LLP on 4/9/2020

On April 1, 2020, the U.K. Supreme Court handed down its judgment in the case of WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12, the first class action-type claim concerning a data breach in the U.K.. In this...more

COVID-19 and Data Protection Compliance

White & Case LLP on 3/28/2020

Following the outbreak of COVID-19 and its development into a global pandemic, organisations have been implementing exceptional measures to safeguard employees, customers and others against the health threat that is being...more

ICO Fines: When Is An Appeal Appealing?

Orrick, Herrington & Sutcliffe LLP on 3/12/2020

The decision to appeal a regulatory finding is never taken lightly. By the time a regulator has completed its investigation and notified a company of its intention to fine, the company will have invested significant time and...more

UK Business Exposure To The California Consumer Privacy Act 2018 ("CCPA")

White & Case LLP on 2/1/2020

The CCPA took effect on 1 January 2020, introducing significant compliance burdens for most businesses that collect personal information about California residents. The reach of the CCPA extends beyond California and the US;...more

Privilege exemption saves trustee from DSAR-ster

BCLP on 6/18/2019

In recent years there has been a trend of beneficiaries exploiting their rights under data protection legislation to gain access to personal data in the trust context, cutting straight through the trustees’ discretion to...more

How Will Brexit Affect the GDPR’s Governance Over the UK's Auto Industry?

Foley & Lardner LLP on 5/21/2019

Since the referendum to leave the EU rocked the UK in 2016, commentators, privacy personnel, and corporate officers alike have been speculating as to how Brexit will affect Britain’s subjugation to the General Data Protection...more

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