The updated reform legislation provides welcome guidance and clarifications on aspects such as legitimate interests and accountability, without substantially shifting the approach proposed under the existing reform bill. By Gail E. Crawford, Fiona M. Maclean, Timothy Neo, Irina Vasile, and Amy Smyth On 8 March 2023, the UK government introduced the second draft of its … Continue Reading
UK government sets out ambitious proposal for reforming the UK data protection landscape. By Gail E. Crawford, Ian Felstead, Fiona M. Maclean, Irina Vasile, Timothy Neo, and Amy Smyth On 17 June 2022, the Department for Culture, Media and Sport (DCMS) published its response to its consultation “Data: a new direction” (the Consultation), setting out … Continue Reading
The Advocate General argues that organisations should provide individuals with information on the specific recipients of their personal data. By Tim Wybitul, James Lloyd, Isabelle Brams, Irina Vasile, and Amy Smyth Advocate General Giovanni Pitruzzella (AG) of the Court of Justice of the European Union (CJEU) recently delivered an opinion (the Opinion) regarding the interpretation … Continue Reading
The CJEU’s decision is likely to have significant implications for ongoing and future proceedings for damages claims under Art. 82 GDPR. By Tim Wybitul, Christoph Baus, Stefan Patzer, and Isabelle Brams On April 15, 2021, the Austrian Supreme Court (OGH) referred key questions regarding non-material damages for data protection infringements under Art. 82 GDPR to … Continue Reading
The decision means the CJEU will need to clarify the framework for GDPR damages claims. By Tim Wybitul, Dr. Christoph Baus, and Dr. Isabelle Brams The German Federal Constitutional Court has ruled that the Court of Justice of the European Union (CJEU) needs to clarify if the General Data Protection Regulation (GDPR) provides for a … Continue Reading
Latham lawyers explain who the DIFC’s new law applies to and how it maps against the GDPR. By Brian A. Meenagh, Fiona M. Maclean, Alexander Hendry, and Avinash Balendran The Dubai International Financial Centre (DIFC) recently issued a new data protection law and regulations: the Data Protection Law DIFC Law No. 5 of 2020 and … Continue Reading
Court’s decision struck down blanket prohibition on so-called “cookie walls” that prevent users from accessing a website or an application. By Myria Saarinen and Charlotte Guérin France’s Highest Administrative Court (the Conseil d’Etat) issued a decision on 19 June 2020 upholding most of the guidance on cookies and other tracking devices that the French Data … Continue Reading
UK data protection regulator demands companies in the RTB ecosystem re-evaluate privacy notices, use of personal data, and lawful basis. By Robert Blamires, Calum Docherty, Laura Holden, and Lucy Tucker The UK Information Commissioner’s Office’s (ICO’s) latest report into adtech and real time bidding (RTB) (the ICO Report) provides a stark assessment of the adtech … Continue Reading
Recent action by the Hamburg authority may present implications for companies regulated by a lead data protection supervisory authority in Europe. By Fiona Maclean, Tim Wybitul, Joachim Grittmann, Wolf Böhm, Isabelle Brams, and Amy Smyth A German supervisory authority has initiated an investigation into Google’s speech recognition practices and language assistant technologies, which are integrated … Continue Reading
The guidance clarifies the interplay between the PECR and GDPR and provides practical steps to achieving cookie compliance. By Fiona M. Maclean, Laura Holden, and Grace E. Erskine The UK’s data protection supervisory authority, the Information Commissioner’s Office (ICO), published guidance on 3 July 2019 to provide greater clarity to organisations grappling with how the … Continue Reading
The ICO issued notices of intent to fine British Airways and Marriott. What happened? By Gail Crawford, Fiona Maclean, Hayley Pizzey, and Calum Docherty On 8 July 2019, the UK Information Commissioner’s Office (ICO) announced a notice of intent to fine British Airways £183.39 million (about US$230 million) for violating the General Data Protection Regulation … Continue Reading
Broadly written rules would allow the Russian government greater central control over content and data flows, and greater access to users’ information. By Fiona M. Maclean and Ksenia Koroleva On May 1, 2019, the Russian President signed draft law No. 608767-7, commonly referred to as the Russian Internet Law, or “RuNet Law” (Federal Law No. … Continue Reading
Online services have until 31 May to respond to 16 draft standards of age-appropriate design. By Fiona Maclean and Olga M. Phillips The ICO is required by s123 of the Data Protection Act 2018 to prepare a code of practice which contains guidance on standards of age-appropriate design of relevant information society services likely to … Continue Reading
European regulators are expected to align their processes and guidance to accommodate the EDPB’s recommended approach to processing special categories of personal data. By Gail E. Crawford, Frances Stocks Allen, and Mihail Krepchev In January, the European Data Protection Board (EDPB) issued an opinion (Opinion) on the interplay between the General Data Protection Regulation (GDPR) and … Continue Reading
EU data protection authorities are imposing increased penalties under the GDPR, with more proceedings forecast for 2019. By Tim Wybitul, Prof. Dr. Thomas Grützner, Dr. Wolf-Tassilo Böhm, and Dr. Isabelle Brams The General Data Protection Regulation (GDPR) has been in effect since May 2018. Although the French data protection authority (CNIL) has imposed the highest … Continue Reading
The CNIL decision handed down on 21 January 2019, which cites violations of several GDPR obligations, provides important insights for groups wishing to benefit from the “one-stop-shop mechanism”. By Gail E. Crawford, Myria Saarinen, Camille Dorval, and Laura Holden The Complaints Not more than a week after the General Data Protection Regulation 2016/679 (GDPR) came … Continue Reading
FCA Chair hints that new regulation addressing data ethics in the FinTech space may be on the horizon. By Nicola Higgs, Fiona Maclean and Terese Saplys Will societies of the future be ruled by algocracy, in which algorithms decide how humans are governed? Charles Randell, Chair of the Financial Conduct Authority (FCA) and Payment Systems … Continue Reading
By Gail Crawford, Ulrich Wuermeling, Calum Docherty The General Data Protection Regulation (GDPR or Regulation) will become applicable in one year, as of May 25, 2018. A lot has happened since we set out the key provisions of the Regulation last year. As companies implement compliance programmes in efforts to protect data subjects and avoid … Continue Reading
