Exploring the evolution of cybersecurity and privacy law
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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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 …
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…
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…
The Secretariat of the National Information Security Standardisation Technical Committee (TC260) released a draft revision of the Technical Specification for Certification of Cross-Border Transfers of Personal Information (Certification Specification V2.0) on 8 November 2022, nearly five months after it issued the finalised specification of the same name (Certification Specification V1.0) (see our previous Legal Update…
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…
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…
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.…
On 24 June 2022, the Secretariat of the National Information Security Standardisation Technical Committee (TC260) issued the Technical Specification for Certification of Cross-Border Transfers of Personal Information (the Certification Specification), eight weeks after it first issued the draft of the same name (the Draft). The relatively speedy finalisation of the Certification Specification is a reflection…
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…
