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ICO ‘dispenses’ its first GDPR fine
29 January 2020You’d be forgiven for missing it: while the rest of us were busily hanging tinsel and counting down the days to Christmas on our advent calendars, the ICO handed down its first GDPR fine – in the sum of £275,000 – to Doorstep Dispensaree (DD), a provider of pharmacy services to care homes. The decision is of note not just because it’s the first fine issued by Ms Denham, but also because of the other powers she exercised along the way (i.e. Information and Enforcement Notices, in addition to Monetary Penalty). Heralding another first, DD’s appeal against the Information Notice was the first to reach a final determination in the First-Tier Tribunal under the new regime.
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ICO consults on new direct marketing code of practice
17 January 2020On 8 January 2020 the UK Information Commissioner’s Office (ICO) issued a consultation on a draft direct marketing code of practice which is intended to “provide practical guidance” to help organisations comply with data protection and e-privacy rules – particularly those set out in the General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications Regulations (PECR) – in respect of direct marketing activities.
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International data transfers - temporary sigh of relief over model clauses?
17 January 2020The ECJ Advocate General has given his opinion in the ongoing Schrems II case about the validity of model clauses – or Standard Contractual Clauses – as a basis for transferring data out of the EU. The opinion is that model clauses are valid, with an important note of caution.
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Law: Avoiding the data compliance offside trap - Bryony Long, Mark Hersey and Lauren Stone write for Inside World Football
Press
06 January 2020In an article for Inside World Football, Bryony Long, Mark Hersey and Lauren Stone discuss how data has become a core function of a football club’s business and cover managing and monetising that data efficiently, legally and privately.
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Ads & Brands Law Digest: November-December 2019
23 December 2019Welcome to the November-December 2019 issue of our monthly Ads & Brands Law Digest.
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Lights, camera, (class) action! - data protection group claims back in the spotlight: Ali Vaziri writes for PDP Journals
Press
05 December 2019Ali Vaziri has written an article for PDP Journals where he looks at the increasing risk of data protection class actions in the light of two recent decisions of the English courts.
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Impact of AI in retail
28 November 2019Chatbots, facial recognition, biometrics and a host of other Artificial Intelligence (“AI”) technologies are being utilised by the retail sector at an increasingly progressive rate and it is predicted by 2020, 85% of customer interactions will be managed by AI.
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Ireland - Lewis Silkin doubles down in Dublin with new partner appointment
Press Release
11 November 2019Lewis Silkin LLP has today announced the appointment of Victor Timon as a partner in the firm’s Dublin office, marking the launch of the firm’s Commercial, Technology and Intellectual Property practice, and the expansion of the Data & Privacy practice, in Ireland.
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Ads & Brands Law Digest: October 2019
31 October 2019Welcome to the October 2019 issue of our monthly Ads & Brands Law Digest.
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Alan Hunt comments for Radio Today: Get your audio business Brexit Ready – travel, data and intellectual property
Press
29 October 2019Alan Hunt has commented in an article for Radio Today where he share tips on how to prepare yourself and your audio business for Brexit.
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Cookie consent is a box-ticking exercise after all!
16 October 2019The European Court of Justice (ECJ) has provided welcome clarity on the consent requirements around the use of cookies by website operators. As if it were ever in doubt, pre-ticked boxes cannot be used as a means of obtaining a website user’s consent to the use of cookies.
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Lloyd v Google: data breach class actions, have the floodgates opened?
16 October 2019The Court of Appeal has granted permission for a US-style (opt-out) “class action” to be brought on behalf of 4.4 million unidentified iPhone users against Google, to be served out of the jurisdiction. Mr Lloyd’s claim seeks uniform damages for unlawful use of browsing data without proof of damage for each individual. This ground-breaking decision overturns the High Court decision and sets the scene for the first UK class action for misuse of data.
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Smart Cities – Lessons from Smart City Developments around the World
09 October 2019When we think of smart cities, images of skyscrapers, satellite dishes and high tech gadgetry often come to mind, coupled with large scale broadband infrastructure, wireless networks and mobile devices. But a smart city is much more than just a technological network; the concept encompasses also the way in which a city uses new technologies for the benefit of its citizens and becomes more efficient in the process.
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Oliver Watson writes for Accountancy Age: How to keep up with technology and the cost of doing nothing
Press
25 September 2019Oliver Watson has written an article for Accountancy Age discussing how the job of an accountant is transforming due to productivity optimisation and new technologies.
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Consumer Law Update: Who’s on the regulatory radar for 2019/20?
24 September 2019The Government and the CMA are intensifying efforts to strengthen consumer protection in the UK with a strategic focus on ambitious enforcement of existing laws and empowering consumers through accessibility to their data.
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Ali Vaziri writes for PL&B’s UK Report: AI-powered Onfido one of first selected for the ICO’s Sandbox
Press
23 September 2019In an article for Privacy Laws & Business, Ali Vaziri gets the ‘inside scoop’ from Onfido’s Director of Privacy about the identity verification company’s participation in the ICO Sandbox, and its efforts to identify and mitigate algorithmic bias in machine learning models used for remote biometric identification
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Sports Q&A - Can I share the club’s marketing database with our sponsors?
02 September 2019So it’s the end of summer, but all is not lost. The Rugby World Cup is just around the corner, we’ve still the Ashes to be settled, and the Solheim Cup is taking place at beautiful Glen Eagles in two weeks’ time. Meanwhile, focusing on the business of sport, in our Q&A this month Mark Hersey clarifies that GDPR hasn’t completely kiboshed monetising your marketing database through sponsorship.
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Processing personal data and consent in the employment context – what are the issues?
07 August 2019The Hellenic Data Protection Authority has imposed a €150,000 fine against an employer which had inappropriately relied on consent as the lawful basis for processing employee data. This decision is an important reminder for employers and data controllers on the limitations of using consent as a valid basis for processing employee data in the post- 25 May 2018 EU General Data Protection Regulation (“GDPR”) landscape.
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The US Federal Trade Commission issues $5bn fine to Facebook and demands significant conduct changes
31 July 2019The fine, which is the highest ever imposed in the data privacy sphere, accounts for approximately 9 % of Facebook’s 2018 revenue. Even more significantly, however, the conduct order requires Facebook to change the way they operate.
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Data security breaches - a tale of two airlines
25 July 2019Recent decisions by privacy regulators in the United Kingdom and Hong Kong have highlighted contrasting approaches towards data security breaches affecting customers of two major airlines.