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Data & Privacy

In today’s information-fuelled world, data can hold the key to generating competitive advantage.

Companies can differentiate themselves through exploiting their proprietary data and utilising customer information to bring new and more tailored products and services to market, boost brand loyalty and grow market share. However, as recent cybersecurity breaches, data protection failures and privacy issues have shown, there are significant risks involved too. Data flows are increasingly international in nature and delivered through a multitude of platforms, channels and stakeholders making legal compliance more challenging than ever before.

Lewis Silkin Advertising & Marketing Data Protection and Privacy

In this environment, legal guidance which is not only tailored to clients’ particular circumstances but is also viewed in a wider context is key. We don’t see data protection and privacy as a standalone issue, regularly bringing to bear valuable skills sets embedded within our team to address client challenges.  This includes market-leading IP and employment expertise, and in depth experience across the advertising & marketing, media & entertainment, tech, retail and professional services sectors. From compliance and risk management advice to monetisation of data - our advice is not just multi-disciplinary, it is multi-faceted.

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May 25 came and went for General Data Protection Regulation (GDPR) compliance. Are you compliant and are you prepared for what is coming next?

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In an article for Reuters, Iain McDonald discusses that in the case of a no-deal Brexit, the UK has no guarantee of access to personal data from the EU and the uncertainty this is causing for businesses.

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Between 21 August and 5 September, British Airways (“BA”) suffered a data breach - in essence, its systems were “hacked”. This has affected the personal data of around 380,000 individuals. Following an announcement through BA’s Twitter account, the story was quickly picked up by mainstream media outlets, demonstrating the significant publicity that such events can generate in a short space of time.

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Fear of publicity shouldn’t put off organisations from asking the court for help when they’ve been hacked, had data stolen, and are then blackmailed. There’s a range of orders which the English courts are willing to make against anonymous hackers and which, even if those orders are ignored, can be useful when it comes to containing a confidentiality breach – including when it comes to getting stolen data removed from other hosts/publishers, both in England and abroad.

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Sports personalities are often subject to sporting rules that restrict their ability to make political statements or promote religious ideology when competing. Furthermore, contractual provisions can also mean that statements made in their personal capacity while off duty, for example on social media, can lead to disciplinary action or worse. Can such restrictions be challenged on the basis of human rights? Does it make a difference if the athlete genuinely holds the views (e.g. because of religious or cultural beliefs)?

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