GDPR

Data protection law changed significantly on 25 May 2018 with the introduction of the EU General Data Protection Regulation (GDPR) and UK Data Protection Act 2018.

Key changes under the GDPR affect almost all businesses. The rights of EU citizens to control their personal details have been enhanced and new unified obligations have been placed on those dealing with personal data. However, this is not the end of the compliance journey for organisations, and they must act now to ensure they fully comply with the new rules.

Previous data protection legislation (the Data Protection Act 1998 in the UK) was based on the Data Protection Directive of 1995 (the 1995 Directive) which set out key legal principles for dealing with personal data. For the past 15 to 20 years these principles have been adopted in national legislation throughout the EU Member States in different ways resulting in a disjointed approach to data protection in Europe. The GDPR replaced the 1995 Directive and is directly applicable in every EU Member State. This means there is now a single set of rules to avoid contradictory approaches across the EU.

 

 

  • GDPR Beware of failing to comply with subject access requests We explore the significance of the recent fine issued by the ICO to SCL Elections, the parent firm of Cambridge Analytica, in relation to its failure to comply with an enforcement notice from the ICO.
  • GDPR EU-US Privacy Shield reviewed! Trump must appoint an Ombudsperson or face action under the GDPR! The European Commission undertook its Second Review of the EU-US Privacy Shield in October 2018 and, in light of the Commission’s publication of its Report in late December, we consider the implications of this report for business. If you share personal data with the US or are considering sharing personal data using the mechanism known as the EU-US Privacy Shield, read on.
  • Brexit Data protection: The implications of Brexit for your business - an update! The ICO and UK Government have both issued guidance in relation to data protection law in the event of a no-deal Brexit, which will be of particular importance to organisations with operations outside the UK.
  • GDPR Did Uber skip more than a taxi line with its latest fine? Uber, the technology company that developed that now well-known ridesharing app, may be considering itself “lucky” to be the recipient of a £385,000 fine from the ICO (the UK’s privacy watchdog) this week.
  • GDPR Marketing industry faces new rules on data The Committee of Advertising Practice (CAP) recently published changes to its CAP Code. These changes were in response to a recent consultation, to ensure the code was aligned with the GDPR and covered data protection issues most relevant to marketing practices.
  • GDPR Go to jail, move directly to jail, and do not collect any personal data Last week, the Information Commissioner’s Office (ICO) – the UK data protection authority – brought proceedings against a motor industry employee who had been accessing personal information from customers without permission. The resulting sentence was six months in prison.
  • GDPR The right not to be subject to automated decision making – the implications for your business By virtue of Article 22 of the GDPR, individuals have “the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.” In this e-update we explore this provision and consider the potential implications for your business.
  • GDPR Data Protection, Privacy & Cyber Security Compliance Data protection law changed significantly in May 2018 with the introduction of the GDPR and UK Data Protection Act 2018. The 25 May 2018 deadline has passed – does this mean we can forget about data protection?
  • GDPR English court decides there is no automatic right to compensation for data breach victims Justice Warby of the Judiciary of England and Wales recently handed down his judgment in the case of Lloyd v Google LLC, which denied permission for claimants to bring a class action against Google for a breach of the Data Protection Act 1998 known as the “Safari workaround.” This decision, although taken under the “old” data protection rules, may also have consequences for any subsequent actions taken under the new data protection legislation – the GDPR and the Data Protection Act 2018.
  • GDPR The new data protection fee – ICO cracks down on non-payment! The Information Commissioner’s Office (ICO) has recently issued 34 enforcement notices to organisations who have failed to pay the new data protection fee under the GDPR and Data Protection Act 2018 (DPA 2018).

Technology, Media & Telecoms

With very few areas not impacted by technology, media and telecoms, we remain focused on ensuring we stay ahead of the curve in advising clients of the ever-increasing body of law, regulation and policy affecting the sector.

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