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2 Intent-to-Fine Notices in 2 Days by UK Information Commissioner for GDPR Violations; Amounts Total £282 Million

By Ewen Mitchell, Gareth Hall, Anne-Marie Ottaway & Barry Vitou on July 24, 2019
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It has been over a year since the General Data Protection Regulation (GDPR) came into force – and it did so with great fanfare. The GDPR had the effect of overhauling how personal data is dealt with across Europe, introducing the ‘gold standard’ of protection for the rights and freedoms of EU data subjects. At the same time the UK enacted the Data Protection Act 2018 (DPA).

By far the most radical change implemented by the GDPR over the previous regime was giving supervisory authorities the power to impose potentially huge fines for breaches of its provisions.

The level of fine that can be imposed depends on the nature and seriousness of the failure. GDPR Article 83 provides that in the case of a firm or company breaching the obligations imposed on it, such as the basic principles for processing personal data, the maximum fine available to the Information Commissioner’s Office (ICO) is €20 million or 4% of the firm or company’s total annual worldwide turnover, whichever is higher.

Unsurprisingly, the potential for such huge fines created a media furore not only in the UK but also internationally. It is only this month, however, that the ICO publicly announced its first uses of the significant firepower available to it.

Click here for the full GT Alert, which discusses the two cases.

Photo of Ewen Mitchell Ewen Mitchell

Ewen Mitchell is an intellectual property and data protection consultant based in the London office. He advises clients on all aspects of IP and data protection law, with a focus on IP dispute resolution, strategic IP advice, and the IP aspects of international…

Ewen Mitchell is an intellectual property and data protection consultant based in the London office. He advises clients on all aspects of IP and data protection law, with a focus on IP dispute resolution, strategic IP advice, and the IP aspects of international transactions. He has practised in England and France.

He also frequently advises EU and other businesses on compliance with the EU and UK General Data Protection Regulations (GDPR) including arrangements for international transfers of personal data, and the data protection aspects of corporate transactions.

Ewen’s previous experience includes trade mark filing and prosecution, and trade mark design and patent litigation before the English High Court and Court of Appeal and the Tribunal de Grande Instance, Paris.

Ewen’s work and experience spans all sectors, but he has particular experience in the pharmaceutical, medical device, motor vehicle, online, and mobile technology sectors.

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Photo of Gareth Hall Gareth Hall

Gareth Hall has a range of experience representing clients throughout special investigations and criminal litigation. He has represented individuals subject to investigations conducted by the National Crime Agency (NCA), Her Majesty’s Revenue and Customs (HMRC) and the Serious Fraud Office (SFO) for a…

Gareth Hall has a range of experience representing clients throughout special investigations and criminal litigation. He has represented individuals subject to investigations conducted by the National Crime Agency (NCA), Her Majesty’s Revenue and Customs (HMRC) and the Serious Fraud Office (SFO) for a range of matters including complex conspiracies, fraud, money laundering and bribery. Gareth also has higher rights of audience and has appeared as an advocate, representing individuals in the Crown Court.

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Photo of Anne-Marie Ottaway Anne-Marie Ottaway

Anne-Marie Ottaway focuses on white collar and economic crime and government and internal investigations. Acknowledged for her criminal defence work, Anne-Marie provides clients with advice on all aspects of investigations relating to allegations of fraud, bribery, and corruption, as well as providing advice…

Anne-Marie Ottaway focuses on white collar and economic crime and government and internal investigations. Acknowledged for her criminal defence work, Anne-Marie provides clients with advice on all aspects of investigations relating to allegations of fraud, bribery, and corruption, as well as providing advice in respect of the implementation of effective anti-fraud, bribery and corruption compliance programmes and related anti-money laundering issues. She is recognized by Chambers & Partners for her “growing reputation for defending corporate clients subject to fraud and bribery allegations.”

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Photo of Barry Vitou Barry Vitou

Barry Vitou is Co-Chair of the Global White Collar Criminal Defense Practice and head of London’s White Collar Defense & Special Investigations Practice, advising corporations and individuals in connection with compliance, pre-investigations, investigations, and prosecutions conducted by numerous law enforcement agencies. Barry frequently…

Barry Vitou is Co-Chair of the Global White Collar Criminal Defense Practice and head of London’s White Collar Defense & Special Investigations Practice, advising corporations and individuals in connection with compliance, pre-investigations, investigations, and prosecutions conducted by numerous law enforcement agencies. Barry frequently represents clients under investigation by U.K. and U.S. law enforcement agencies and prosecutors, including the U.K.’s Serious Fraud Office (SFO), the Financial Conduct Authority, the Information Commissioner’s Office, the U.S. Department of Justice (DOJ), and the U.S. Securities and Exchange Commission (SEC). Barry regularly appears on television and radio, discussing the topics of corruption, money laundering, and the UK Bribery Act.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    GT London Law Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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