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The draft text of the EU-UK withdrawal agreement was published by the UK Government and the European Union yesterday, providing some of the first concrete indicators of the possible direction of travel in the area of data protection. Analysis of the text has barely started, but some of our initial conclusions are outlined below.…
Unless there is a political earthquake (some would say a miracle) Brexit will happen on 29 March 2019. Many fear a hard Brexit. Some are hoping for a hard Brexit. A majority appear to want a soft Brexit. And many others would strongly prefer that Brexit wasn’t happening at all. But whatever its flavour, upon Brexit the UK will cease to be an EU Member State and become a so-called ‘third country’. As a result,…
As part of its preparations for a “no deal” scenario when the Article 50 negotiating period comes to an end on 29 March 2019, the Department for Digital, Culture, Media and Sport (“DDCMS”) has today released guidance on “Data protection if there’s no Brexit deal”. The UK will become a “third country” on its exit from the European Union, which means that unhindered cross-border transfers of data will no longer automatically be able to take…
In July, Eduardo Ustaran spoke at Privacy Laws & Business’ International Conference in Cambridge about the sort of activities likely to prompt regulators into exercising their increased fining powers under the EU GDPR. A link to the video of his presentation can be found here and a detailed report of the presentation is available here.…
In July, Eduardo Ustaran spoke at Privacy Laws & Business’ International Conference in Cambridge about the sort of activities likely to prompt regulators into exercising their increased fining powers under the EU GDPR. A link to the video of his presentation can be found here and a detailed report of the presentation is available here.…
More than 15 years after the adoption of the Data Protection Directive1, the European Commission noticed that the current legislative framework on data protection did not adequately deal with the risks associated with online activity2. Acknowledging this, the General Data Protection Regulation (GDPR)3 was finally adopted by the European Parliament on 14 April 2016, entering into force in May 2016 and becoming directly applicable in all Member States on 25 May 20184. The GDPR targets…
Could the GDPR give rise to forum shopping and are there any pre-litigation strategies that should be considered? Here, we review four key elements that should be kept in mind in respect of data class actions in the EU. Damages In the US, many class actions are dismissed for lack of ‘standing’, i.e. because the litigants do not demonstrate that they suffered an ‘injury in fact’ that is concrete and actual or imminent. Does the…
A data lake is an infrastructure that permits different data sets from within a group to be combined and analysed together. To analyse a data lake under GDPR, it is helpful to think of a data lake in two phases, which we analyse in our user guide. The infrastructure phase Here, the guide covers: Identify the entity that is hosting the data lake. Implement an intragroup data processing agreement. Check data localisation rules. Data protection…
“Getting to Data Nirvana” is our four-step approach to help you integrate your legal, regulatory and compliance work streams into your organisation’s overall data strategy. The job of the legal and compliance teams is to make sure that their company’s data projects do not breach applicable laws. Their task is not easy because the number of laws regulating the processing of data – particularly personal data – are increasing multiplying worldwide. However, a focus solely…
With the current focus on the coming into effect of the EU General Data Protection Regulation (GDPR), one could (almost) be forgiven for forgetting about the question of international data flows. However, given the political and legal developments currently affecting the future of international data transfers, that would be a very serious strategic mistake. Legitimising data globalisation remains a top business priority in our uber-digitised world. The coming of age of cloud-based services, the continuous…