UK data protection, GDPR, DPIAs, international transfers, data protection for AI-enabled products
UK data protection law: key proposed changes What is proposed? On 10 September 2021, the UK government published its proposals to reform UK data protection law. Whilst current UK data protection law in the form of UK GDPR mirrors EU data protection law, the proposals represent the UK government seizing the opportunity given by Brexit…
On 28 June 2021, the EU Commission found that the UK provides adequate protection for personal data, enabling personal to freely flow from the EU (and EEA) to the UK. Background European privacy law (specifically articles 44-50 of the General Data Protection Regulation (GDPR)) prohibits the export of personal data from the EU to a third…
From 27 June 2021, organisations will be able to adopt new ‘standard contractual clauses’ (SCCs) to permit lawful export of personal data from the EU to ‘third countries’. This post: recommends what companies should do now describes the background to the EU’s data export rules explains how the new SCCs differ from prior versions What…
EU progresses revised ePrivacy Regulation
In documents published last week, the EU provided some welcome clarity on how organisations should address the invalidation of Privacy Shield as a basis for exporting personal data from the EU. On 10 November 2020, the European Data Protection Board (EDPB) adopted recommendations on ‘supplemental measures’, which can be considered to ensure compliance with the…
On 10 November, the European Data Protection Board adopted a recommendation on supplemental measures which might be used to ensure compliance with the EU level of protection of personal data when exported to third countries with an insufficient level of protection. The recommendation both sets out a process to be followed by data exporters and,…
Are you sure you are a data processor? Introduction On 7 September 2020, the European Data Protection Board (EDPB), successor to the ‘article 29 working party’, released updated guidance on the concepts of ‘data controller’ and ‘data processor’ under European Privacy law (i.e. General Data Protection Regulation or GDPR). Whilst this has already been subject…
On 10 August 2020, Following the European Court’s Schrems II judgment invalidating the US Privacy Shield (and calling into question the legal basis for other transatlantic data transfers), the EU Commission and US Department of commerce issued a short, joint statement: “The U.S. Department of Commerce and the European Commission have initiated discussions to evaluate…
As previously discussed, the European Court of Justice’s recent Schrems II decision both (i) invalidated the US privacy shield; and (ii) threw into question alternative justifications for the export of personal data from the EU to the US. Whilst there is yet to be a substantive response from the European Commission, initial reactions from the…
Schrems II disrupts data export from EU: on 16 July 2020, the European Court of Justice decided, overturning the 2016 Privacy Shield Decision of the European Commission, that the US Privacy Shield did not, and does not, provide an adequate level of protection for the transfer of personal data from the EU to the US.
To all my readers, thank you and goodbye. This blog is now an ex-blog.
On 7 July 2016, the UK’s Financial Conduct Authority (FCA) issued finalised guidance for authorised UK financial institutions use of cloud services. In a marked contrast to some other jurisdictions’ approach, this guidance is issued against a policy backdrop of FCA’s ‘Project Innovate’ which is a initiative to foster innovation and competition. The FCA say: