
The power of good data protection policies and procedures
Policies have a reputation for being dull, long documents, but that doesn’t have to be the case. Putting in place
Policies have a reputation for being dull, long documents, but that doesn’t have to be the case. Putting in place
You may have heard of “individuals’ rights” or maybe “data subject rights”, which data controllers must facilitate (and which processors
Have you heard of PETs? Not the fluffy kind, but the privacy kind? In the world of privacy, PETs are
On 18 July 2024, the Irish Data Protection Commission (DPC) published a blog about AI, Large Language Models (LLMs), and
On 16 July 2024, the EDPB adopted FAQ for European businesses, giving some useful basic guidance on what the framework
On 31 July 2024, the US Senate Commerce, Science and Transportation Committee passed the Future of AI Innovation Act. Senator
X has given an undertaking to the Irish High Court to pause processing of EU and EEA personal data in
Claimants whose claims for infringement of data protection rights were dismissed by the English High Court on the basis that
On 22 July 2024, Google announced an updated approach to its Privacy Sandbox project. In the blog post, Antony Chavez
On 2 August 2024 the ICO published a progress update on the Children’s Code Strategy (the Strategy) (published in April 2024).
On 25 July 2024 the EU Commission published its second report on the GDPR. The Commission celebrated the GDPR’s successes
The EU AI Act is now officially in force. Whilst many of the provisions will apply from two years’ time,
On 22 July 2024, the ICO issued a reprimand to Chelmer Valley High School for failing to carry out a
On 17 July 2024, the EDPB adopted a statement on the data protection authorities’ (DPAs) role in the AI Act
Receiving a data subject rights request can be unnerving if you don’t know where to start, so we have put
The soft opt-in exemption under the Privacy and Electronic Communications Regulation 2003 can be a really useful tool to boost
Understanding the principles which underpin the UK GDPR can help you to develop a better understanding of the legislation. As
The maximum fine under UK GDPR and the Data Protection Act 2018 is £17.5m or 4% of an organisation’s total
Have you ever wondered what the difference is between service emails and marketing emails and why it is important? If
We spend a lot of time thinking about “active” processing when we are using personal data to achieve our goals,
Choosing a legal basis for processing can sometimes be a confusing business and, over time, a few myths have developed,
The ICO has confirmed the trial period in which the ICO explored using a range of regulatory tools (as well
The Norwegian courts have upheld a fine of approximately £4.6m against Grindr (the largest fine issued by the Norwegian regulator),
On 20 June 2024, the CJEU ruled on two joint cases against Scalable Capital (Scalable), a financial trading app.
On 13 June 2024 the ICO issued its final enterprise data strategy. The strategy states that the ICO wants to
On 13 June 2024 the Council of the European Union reached agreement on a common position in relation to a
On 9 June 2024 the implementing regulation on the reuse of “high value datasets” came into force. These rules require
On 27 June 2024 the EDPB published an AI auditing project. The aim of the project is to “map, develop
The American Privacy Rights Act markup by the House Committee on Energy and Commerce due to take place on 27
Having observed the pre-election “period of sensitivity” rules, the ICO has warned that it will be busier than usual with
On 11 June 2024 a report was issued detailing the experience of a group of expert stakeholders, including businesses, civil
How do you make sure your privacy notice gets the job done, conveying privacy information in a concise, clear, easy-to-understand
The ICO has concluded the fourth call for evidence in relation to AI and individuals’ rights. The ICO has set
The privacy activists noyb have filed a complaint with the Austrian regulator accusing Google of tricking people into accepting tracking
The NCSC has issued guidance aimed at small to medium sized businesses to help them to deal with situations where
In late May 2024 the UK Digital Markets, Competition and Consumers Act (the Act) was passed by Parliament. Similarly to
The EU AI Act has received the final approvals needed and all that now remains is for the act to
On 10 June 2024, the ICO announced that together with the Office of the Privacy Commissioner of Canada they have
Although for many of us, life is now very much digital, we must not forget that hard copy documents containing
Recently the ICO fined the YMCA £7,500 for sending an email to over 150 identifiable addressees, using Cc rather than
Meta has recently updated its privacy information in relation to AI, with the changes due to take effect on 26
Are you concerned that there may be areas of non-compliance in your organisation, but are not sure where to start
It is essential for organisations to have a training programme in place which provides staff with sufficient knowledge and understanding
It appears that the Data Protection and Digital Information Bill (DPDI Bill) may have been dropped by the Government. After
The UK’s consumer connectable product security regime came into effect on 29 April 2024 and businesses in the supply chain
The Cyber Solidarity Act has now been adopted by the Council of the EU and so the Act should shortly
On 1 May 2024 the ICO and Ofcom released a joint statement in relation to online safety and data protection.
The ICO issued a reprimand to the Trust after it failed to respond to over 40% of DSARS within the
On 15 April 2024 the ICO published guidance to improve transparency in health and social care. The guidance looks at
The ICO has fined the YMCA £7,500 for sending an email to over 150 identifiable addressees, using Cc rather than
On 23 April 2024 the IAB released its response to the EDPB’s verdict on the “consent or pay” model. You
Last month the ICO released its strategic approach to AI. The report covers: The opportunities and risks of AI The
The AI (Regulation) Bill originated in the House of Lords in November 2023 and has recently reached a third reading.
The ICO has released a report on Q4 2023 data breach trends. In terms of overall numbers, there was an
The NCSC has issued joint guidance with three major insurance industry associations. The aim of the guidance is to “improve
The French data protection regulator (CNIL) has issued a practice guide to the security of data. It is a detailed
The ICO has issued guidance on how it decides when to issue fines and how the amount of these fines
The ICO has released a statement in relation to its strategy on the Children’s code. The statement looks at what
A personal data breach under GDPR (sometimes referred to as a “data breach”) is a breach of security where personal
Policies have a reputation for being dull, long documents, but that doesn’t have to be the case. Putting in place
So you are thinking about starting a new data processing project or making changes to existing processing. Before you start
Google’s project to remove third-party cookies from its Chrome browser is experiencing further delays. The project’s aim is to remove
Starting to address data protection can seem like a daunting task. In these situations, a back-to-basics approach is needed to
On 7 April 2024, a draft of the “American Privacy Rights Act” (the Bill) was unveiled. The Bill is reported
On 17 April 2024 the EDPB issued an opinion on the use of “consent or pay” models. These models essentially
On 12 April 2024 the ICO launched the third chapter of its AI consultation, this time in relation to the
The Data Protection and Digital Information Bill (the Bill) has dropped out of the news since the government’s controversial late
On 1 April 2024 the US and UK announced a partnership in relation to AI safety. The two countries will
Pay or consent models are causing a stir both in the UK and the EU. The ICO has launched a
The ICO has launched the second chapter of its AI consultation series this month. This chapter focuses on how the
The ICO has produced some detailed guidance on data protection in content moderation. The guidance doesn’t place additional obligations on
The ICO has issued a reprimand to South Tees Hospital NHS Trust in relation to failures to appropriately deal with
Late last month the ICO issued an enforcement notice ordering Serco Leisure to stop using facial recognition and fingerprint scanning
The guidance, which we commented on in the September 2023 DPO Digest, has now been finalised. The guidance covers key
EDPB provides clarification on “main establishment” The EDPB has issued some guidance on the meaning of “main establishment” for the
On 22 March 2024 the Cyberspace Administration of China finalised a new regulation which will govern cross-border data transfer. It
This is just a quick reminder that 21 March 2024 marked the end of the period in which the standard
On 21 March 2024 the NCSC issued a cyber incident response guide, aimed at CEOs, giving guidance on key things
On 7 March 2024 the CJEU ruled that the Transparency and Consent String (TC String) (a string composed of a
Last month on 7 March 2024 the Court of Justice of the EU (CJEU) passed down its judgment in the
It is worth noting that the ICO’s enforcement action in relation to direct marketing continues unabated, making up seemingly the
On 28 February 2024 the EDPB launched its coordinated enforcement framework action for 2024. This year the action will focus
On 13 February 2024 the European Parliament approved the text of the AI Act (the Act) by majority vote. The
On 13 February the ICO approved the Legal Services Operational Privacy Certification Scheme (LOCS) which is designed to “assist legal
The Information Commissioner’s Office (ICO) is launching a series of consultations on generative AI, a type of artificial intelligence that
The ICO has advised that it has had a positive response to the letters it issued to 53 of the
The ICO has issued a blog post with practical tips for app developers on how to comply with their data
The European Commission has confirmed that 11 of the 16 current adequacy decisions have been reviewed and will remain in
This case review looks at a selection of one-stop-shop decisions which relate to security of processing and data breach notification/communication.
The UK Government has published a proposed code of practice on cyber governance and called for views on the same.
The EDPB has published a report on strengthening the role of the DPO, which is based on a coordinated investigation
The Data Protection and Journalism code is a statutory code of practice under the Data Protection Act 2018 (DPA 2018).
The ICO has published an updated opinion on age assurance for the Children’s code to reflect updated practices. The updated
Not often a high billing topic in the list of ICO enforcements, but one which has been the subject of
X (formerly Twitter) is facing challenges to its privacy practices from a couple of sources. The EU commission has commenced
The ICO has now released its UK addendum to the EU BCRs with accompanying guidance. The guidance walks through the
A cross-party group of nearly 30 parliamentarians have written to the ICO to voice their concerns about the expansion of
In 2022 the European Commission proposed a regulation to “unleash the full potential of health data”. The Council of the
In early October 2023, the EU Commission asked the EDPB to review a “cookie pledge initiative” prepared by the Commission,
The ICO has responded to the updated Data Protection and Digital Information Bill (the Bill), in particular, the Government’s late-stage
The CNIL has recently issued two significant fines in relation to infringements by Amazon and Yahoo. On 18 January 2024,
On 7 December 2023, the CJEU issued judgment in the case of C-634/21|SCHUFA Holding (Scoring). SCHUFA is a company which
In late November 2023, the Council of the EU adopted the final text of the Data Act. Agreement now having
The NCSC has expanded its guidance on cloud computing with a section on how to “lift and shift” i.e. “replicating
The DCMS has published its Online Advertising Task Force plan which sets out how the task force will work with
The National Cyber Security Centre reports that 18 countries are to endorse guidelines on AI security developed by the UK
The Guardian reports that the European Consumer Group BEUC have filed a complaint with the EU’s network of consumer protection
On 14 December 2023, the CJEU issued judgment in the case of VB v Natsionalna agentsia za prihodite. The case
The ICO has launched a “make a subject access request” service on its website. The service allows individuals to generate
The ICO has amended its guidance on Transfer Risk Assessments to acknowledge that it is reasonable and proportionate to rely
On 8 December 2023 the Council of the EU (the Council) announced that the Council and the European Parliament had
On 27 October 2023, the EDPB adopted an urgent binding decision giving the Irish Data Protection Commission two weeks to
The NCSC has produced guidance on a couple of “hot” cyber topics. The guidance on ransomware gives an overview of
The EU General Court has ruled against an application by a French MEP aimed at halting the implementation of the
On 24 October 2023 the European Data Protection Supervisor (EDPS) published its final recommendations for the Proposal for a Regulation
The ICO has issued a preliminary enforcement notice against Snap Inc and Snap Group (together Snap) in relation to
The European Commission has released a report which aims to help those who need to address the cybersecurity requirement under
The EDPB has published guidelines on Article 37 of the LED for consultation. The guidance relates to the application of
The ICO has reiterated its position in relation to organisations who do not allow individuals to reject all cookies on
On 15 September 2023, the Irish Data Protection Commission (DPC) issued a decision notice against TikTok Technology Limited (TikTok), including
The EU Data Governance Act (the Act) is now applicable after a 15-month grace period since the Act entered into
The EDPS has issued opinions on the following legislative proposals: The proposal for a Regulation on a financial data access
The ICO and Ofcom have published a joint report (which they commissioned) into measuring the accuracy levels achievable by different
Continuing a theme from last month’s digest (see “Question of the month – Help! We have used To/CC rather than
As usual, things have been busy in Meta’s world with the following developments in the last few weeks: They have
The CJEU has recently ruled on a matter where an individual (who worked for and was a customer of a
The UK has determined as of 7 July 2023 that law enforcement authorities can send personal data to their counterparts
There have been a couple of recent reprimands issued by the ICO in situations where individuals’ email addresses were inadvertently
The ICO has responded to concern about banks sharing personal information with the media following the complaint raised by Nigel
The AI Act has taken a step closer to becoming a reality, with the European Parliament adopting their negotiating position
It has been reported in the press this week that the government has “privately admitted” that the Data Protection and
The European Parliament and the Council of Europe have now reached political agreement on the EU Data Act (Act). All
The EDPB has issued guidance on how fines under the GDPR are calculated. Whilst it may not be your first
The European Commission has proposed a new regulation to streamline the management of cross-border enforcement of the GDPR. DPAs have
Irish Data Protection Commission (DPC), issues a record fine against Meta Platforms Ireland Limited (Meta).
In late 2022, the Government announced its intention, as part of Brexit, to remove EU laws from the statute books.
Examination of what constitutes a “copy” of personal data under Article 15(3) EU GDPR, whether this extends to a copy of, extracts of or even entire documents or extracts from data bases?
Earlier this year the Court of Justice of the European Union (CJEU) weighed in on the question of disclosing the recipients of personal data in the context of data subject access requests.
On 8 June, the US and UK announced their intention to create a data bridge between the US and the UK.
On 4 May, the CJEU passed down judgment in the case of UI v Österreichische Post AG, a matter originally brought before the Austrian courts.
The UK has applied to join the Global Cross Border Privacy Rules Forum (CBPRF). Read more here about the objectives of the forum.
Let us guide you on if the provision of information required by a regulator ever be direct marketing.
The guidance covers the aim and overall structure of the right, general considerations in respect of assessing the request, the scope of the right, how to provide access and the limits and restrictions on the rights. We will look in more detail at the guidance in upcoming digests.
Last month the ICO issued a fine of £12.5 million to TikTok.
The European Commission has proposed an EU Cyber Solidarity Act aimed at improving “preparedness, detection and response to cybersecurity incidents across the EU.
The EDPB has updated its guidance on personal data breaches to address the question of notification of breaches by controllers who are not established in the EU.
On 22 March Capita was the victim of a cyber incident which primarily targeted “access to internal applications”.
There has been a significant amount of activity in the US in relation to privacy recently.
Eight states have now enacted comprehensive privacy laws.
Read the Privacy Law & Business UK Report May 2023 where we discuss the Gormsen case.
In January 2023, after a significant and turbulent investigation, the Irish Data Protection Commission (Irish DPC) fined Meta Platforms Ireland Ltd. (Meta Ireland) €390m (£340m) for its activities in relation to Facebook and Instagram.
Data protection is a fluid terrain. Data protection legislation and the approach by regulators are constantly changing, so it is vital to stay up to date. In this resource library, you’ll find some expert insight and information to help you navigate a path of compliance.
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