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Ireland - Collecting employee vaccine data – latest guidance
24 June 2021With many employers planning the return to the workplace the question arises as to what vaccination data (if any) can be collected from returning staff. The Irish Data Protection Commission (DPC) has [finally] issued guidance clarifying its position on whether it is permissible for employers to collect and process this information.
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Watch out retailers - storing payment card details for future purchases just got a lot harder!
17 June 2021We have all seen the switch to online shopping during the pandemic, when shops were closed for months on end. Irish retailers embraced this new opportunity and turned to the internet to get consumers back in their (virtual) shops. Some customers may never go back to “normal” shopping.
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Watch out retailers - storing payment card details for future purchases just got a lot harder!
17 June 2021We have all seen the switch to online shopping during the pandemic, when shops were closed for months on end. Irish retailers embraced this new opportunity and turned to the internet to get consumers back in their (virtual) shops. Some customers may never go back to “normal” shopping.
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Children’s Data – A Global Perspective
15 June 2021It is widely acknowledged that children are spending ever more time online, perhaps never more so than in the last 12 months due to the pandemic. Protecting children’s data and privacy is becoming more important to many people, in fact the UK Information Commissioner refers to this increased focus as a ”global direction of travel”.
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New Standard Contractual Clauses – what do you need to know?
14 June 2021On 4 June 2021 the European Commission published the new Standard Contractual Clauses for international transfers (new SCCs).
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Facebook’s High Court judicial review challenge dismissed
10 June 2021Following the ‘Schrems II’ ruling, the Irish Data Protection Commissioner (“IDPC”) commenced an investigation into Facebook’s international transfers of personal data on the basis of Standard Contractual Clauses (“SCCs” or “Model Clauses”), and issued a Preliminary Draft Decision, with Facebook then bringing a procedural challenge in the Irish High Court.
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De-risking Digital Business Dreams: James Gill, Victor Timon and Helen Hart write for ICLG - Digital Business Laws and Regulations 2021
Press
08 June 2021It is undisputed that the COVID-19 pandemic accelerated the pace of digital change. Since then, many consider that at least 10 years' development has taken place. Last year's Guide neatly highlighted five key forces of disruption that are set to transform businesses, including 5G and with it, the Internet of Things (IoT), Artificial Intelligence (AI), Autonomy, Hybridity and Blockchain. These remain highly relevant.
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ICO Children’s Code – what do businesses need to know and what should you be doing now?
04 May 2021At our latest In-House Data Club, Ali Vaziri and Tamsin Hoque brought us up to speed with the ICO’s Age Appropriate Design Code, more commonly known as the Children’s Code, which requires businesses to make necessary changes to their online products and services in order to meet the 15 standards set out in this statutory code of practice.
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Schrems II - what are the implications for UK and EU data transfers to India?
31 March 2021Everyone knows the important role India plays in the global digital economy; in fact the Harvard Business Review estimates the digital economy in India “is expected to reach a valuation of $1 trillion dollars (USD) by 2022”. With new Indian legislation on the horizon in the form of the Personal Data Protection Bill, 2019 (PDP Bill) and the Schrems II decision from last year we’ve joined forces with our colleagues at J. Sagar Associates to bring you this article setting out the issues you need to consider and sharing some top tips.
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Industry prepares for Apple Tracking restrictions
12 March 2021In June 2020 Apple sent shockwaves through the ad industry by announcing that it would require iOS apps to obtain user consent to track the user or access their Apple device’s advertising identifier (i.e. the ‘IDFA’) for targeted advertising or advertising measurement purposes.
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US privacy update what UK and EU businesses need to know
08 March 2021In February 2021, Lewis Silkin welcomed back “very accomplished and expert” (Legal 500 2020) Gary Kibel of US firm Davis & Gilbert LLP to talk through major changes in the US privacy landscape in the past 12 months, how those changes affect UK and EU businesses, and how the changes compare to the General Data Protection Regulation (GDPR).
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Brazil’s Lei Geral de Proteção de Dados (LGPD) – what do UK and EU companies need to know?
04 February 2021September 2020 saw the official entrance on the scene of the LGPD - Brazil’s first comprehensive data law, which consolidates existing legislation in order to regulate the use and processing of personal data.
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“It wasn’t our fault! …” 10 lines unlikely to get much regulatory sympathy following a data breach
02 February 20212020 saw four major data breach-related fines issued by regulators in the UK and Ireland in the aviation, hospitality and media & entertainment sectors, with GDPR security and breach notification obligations as their focus. This piece paraphrases the 10 excuses commonly raised by data controllers when challenging the initial amounts of those fines, as well as the regulatory response rejecting them. That's because advance knowledge of lines of argument which aren’t likely to get much sympathy from regulators will help organisations better understand regulators’ expectations when it comes to cybersecurity – especially as these early fines are likely to shape future enforcement activity.
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Happy Data Protection Day!
28 January 2021Today is the 15th Data Protection Day - and for those of you who are interested, it is also the 40th anniversary of Convention 108 which, along with Convention 108+, is credited with influencing and shaping data protection and privacy in Europe.
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Graduating from the ICO Sandbox - a look at the first four exit reports: Ali Vaziri writes for PDP Journal
Press
26 January 2021Ali Vaziri mines the first four exit reports from the ICO's regulatory Sandbox for actionable insights.
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Personal Data transfers between Ireland and the UK post Brexit – what you need to know and do
15 January 2021The EU-UK Trade and Cooperation Agreement (Agreement) was signed on 30 December and governs the trading relationship between those parties after Brexit.
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Tech Predictions 2021
11 January 2021Yes, it’s that time of year to grab a cuppa and immerse yourself in learning about how tech might change your 2021. Now, we know it’s easy to be a little glum if stuck working from home, but amazing businesses thrive on a bold vision, focus, drive and positivity. That’s our spirit as we go into 2021. We hope you will join us on the tech discovery journey.
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Brexit – what’s the deal with data?
29 December 2020The EU-UK Trade and Cooperation Agreement (“the Deal”) is sparse on detail on data however crucially it does grant pseudo adequacy to the UK for a period of 4 months (which can be extended to 6 months) from 1 January 2021 to allow the European Commission more time to make its formal Adequacy Assessment under Article 45 GDPR.
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Schrems II - what guidance for international transfers? Victor Timon writes for PDP Journal
Press
16 December 2020In an article for PDP Journal, Victor Timon comments on the recently issued guidance from the EDPB on Schrems II.
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Learning from others’ mistakes: two common security failings in five data breaches - Ali Vaziri and Tamsin Hoque write for PDP journal
Press
06 November 2020In an article for PDP journal Ali Vaziri and Tamsin Hoque mine five Penalty Notices issued in recent years by the UK ICO for insight into how organisations can avoid making the same mistakes, and comment on the recent BA fine.