Data Protection know how

GDPR: 5 ways to ensure you’re compliant

This article first appeared in Construction News. Companies need to look past the endless emails to ensure they are taking the necessary steps to comply with the new rules. By now you’ll be extremely bored of those emails popping up in your inbox and telling you that even your clients are about to stop talking […]

Privacy concerns in a digital age: the Facebook-Cambridge Analytica scandal

In a global age of technology, we are using more online platforms to assist with many aspects of our everyday lives, whether for ordering our weekly grocery shop online, or taking advantage of social media to interact and share our lives with other online users. We are, as a result, placing a greater reliance on […]

GDPR: Direct Marketing update

An area of some confusion among clients, now bracing themselves for the arrival of the GDPR, is on what basis they can continue to market themselves to customers: is fresh consent required, or what are the alternatives?  With the 25th of May fast approaching, this short article explains that the new restrictive form of consent […]

Draft e-Privacy Regulation published by EU Commission

On 10 January 2017, the European Commission presented its formal proposals for a new ePrivacy Regulation. These represent an overhaul of privacy rules relating to direct marketing, cookies and similar technologies, and other forms of online monitoring. The Commission’s aim is to have the new Regulation adopted by 25 May 2018. Accordingly, unless the UK […]

Guide to the General Data Protection Regulation (GDPR)

The General Data Protection Regulation (GDPR) represents the new legal framework of data protection law across the EU and is due to come into force on the 25 May 2018. The GDPR will supersede the Data Protection Directive (DPD), which has governed EU data protection law for over 20 years since its introduction in 1995. […]

What happens in Panama stays in Panama? A short review of the law of confidence

On 3 April 2016 11.5 million files from the database of one of the world’s largest offshore law firms, Mossack Fonseca, were leaked following a hack of its computers. The leaked material has become known as the Panama Papers and revealed what had previously been confidential information about more than 214,000 offshore companies, including information about […]

Data protection: EU-US Privacy Shield update

Background This article provides an update on the new EU-US Privacy Shield agreement (click here for our earlier piece on this subject) as well as a summary of the EU General Data Protection Regulation. To recap, in October 2015 the Court of Justice of the European Union (“CJEU”) declared the EU-US Safe Harbour agreement invalid. […]

Data protection: the “EU-US Privacy Shield” – will it be a shield of any substance?

After much uncertainty, on 2 February this year the European Commission announced that it had reached agreement with the US to replace the Safe Harbor framework.  However, anyone hoping that the announcement would bring clarity will be disappointed – there is still a long way to go before a replacement for Safe Harbor becomes a […]

Data Protection: US Safe Harbor – no longer quite so safe

On 6 October 2015, the Court of Justice of the European Union handed down its preliminary ruling in the case of Maximillian Schrems v Data Protection Commissioner Case C–362/14 throwing the legality of transferring data from within the European Economic Area to companies based in the USA into question. Since 2000, thousands of European companies […]

Council of the European Union progress on new Data Protection Regulation

On 15 June 2015 the Council of the European Union released their general approach on the draft Data Protection Regulation. This follows the European Commission and the European Parliament’s proposals which were published in 2012 and 2014 respectively. Readers will recall that the aim of the new legislation is twofold: (1) to enhance citizen’s data […]

Legal Update: Vidal-Hall and Others v Google Inc

Last month, the Court of Appeal handed down judgment in Vidal-Hall and Others v Google. The appeal was only on preliminary issues and it looks like there will be a subsequent appeal before the substantive matter reaches trial. However, this decision is likely to have a far-reaching impact on UK data protection and privacy law. […]

Copyright: Hyperlinking And The Right Of Communication To The Public

Svensson and others v Retriever Sverige AB Overview Linking is the practice of posting clickable links on the internet which lead to content posted elsewhere. Under s20 of the Copyright, Designs and Patents Act 1988 (“CDPA”), it is prohibited to communicate to the public by electronic transmission the whole or a substantial part of a […]