The UK Government has relaunched its efforts to reform the UK’s data protection regime, with the Data Protection and Digital Information Bill (No. 2) (the “Bill“) being introduced to Parliament on Wednesday 8 March. The Bill supersedes a previous version that was originally published in July 2022 (see our previous legal update).
European Data Protection Board Issues Opinion on EU-US Data Transfers
On February 28, 2023, the European Data Protection Board (“EDPB”) issued its opinion on the draft adequacy decision of the European Commission (the “Commission”) on the new EU-US Data Privacy Framework (“DPF”). The EDPB expressed reservations in connection with the DPF, which will now undergo scrutiny by other European institutions.
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UK Cybersecurity and Incident Response – The Outlook for 2023
Following on from our alert in relation to technology, data privacy, cybersecurity and IP legal developments to look out for in 2023, this update outlines some of the potential developments and trends in the UK cyber incident response landscape for 2023.
Increased litigation risk for cyber breach victims – the Information Commissioner’s Office begins naming
European Commission Publishes U.S. Draft Adequacy Decision
On 13 December 2022, the European Commission published its draft adequacy decision for EU-U.S. data transfers. The draft decision follows the EU-U.S. announcement of an agreement on a new EU-U.S. Data Privacy Framework (“DPF”) in March 2022 as well as the Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities (“Executive Order”) signed
EU SCC Looming Deadline
Companies that rely on standard contractual clauses (“SCCs”) for transferring personal data from the European Economic Area (“EEA”) to jurisdictions not considered to offer an adequate level of data protection under the EU General Data Protection Regulation must ensure that none of their existing contracts use the old SCCs after 27 December 2022.
Businesses are
ICO’s Updated Guidance on International Personal Data Transfers Offers an Alternative Approach to Carrying Out Transfer Risk Assessments
The UK Information Commissioner’s Office (the “ICO”) published new guidance on transfer risk assessments (“TRAs”) and a template for carrying out a TRA.
All businesses are required to carry out TRAs, also known as local law assessments or transfer impact assessments, when transferring personal data subject to the UK GDPR outside the United Kingdom using
Ransomware Payments Under English Law: Key Considerations for Stakeholders
Ransomware attacks continue to surge from the levels seen just a few years ago and the threat such attacks present against companies and organisations remains very real – not least because the sums involved also continue to surge. According to a recent report by software company Acronis1, global ransomware damages are predicted to
President Biden Signs Executive Order on U.S. Intelligence Activities to Implement EU-U.S. Data Privacy Framework
On October 7, 2022, President Biden signed an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities,1 which is intended to implement U.S. commitments under the Trans-Atlantic Data Privacy Framework (DPF) announced in March 2022. With the new executive order, the Biden administration aims to strengthen the legal foundation for trans-Atlantic
Deadline to Update Template Contracts to Address International Personal Data Transfers Outside the UK
Companies that rely on standard contractual clauses for transferring personal data from the United Kingdom to jurisdictions not considered to offer an adequate level of data protection under the UK General Data Protection Regulation can no longer use the old EU standard contractual clauses in new contracts as of today, Wednesday 21 September 2022.
UK Government Sets Out its Plans for UK Data Protection Reform
The UK Government has published its response to the consultation on its proposed reform of the UK’s data protection regime (which we have provided further information on in our previous legal update available here.) Whilst the UK Government has proposed several incremental reforms to the UK’s data protection laws that will diverge from the