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Is it light at the end of the (transfer) tunnel? US “Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities” (and other matters)
26 October 2022On 7 October 2022 there were two significant announcements in the world of international data transfers.
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Digital Services Act (DSA) gets the green light – is your business ready for this ambitious new framework?
20 October 2022Against the backdrop of the explosion of digital services over the past few decades, an outdated legal framework for digital services dating back to 2000, an increasingly polluted information ecosystem and complex societal shifts which are making people more susceptible to misinformation and conspiracy, on 4 October 2022, the European Council approved the European Commission’s (EC) proposals on the DSA.
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Instaglum: Instagram fined €405m over children's data privacy
07 October 2022Ireland's supervisory authority has levied a record breaking fine of €405 million against the social media platform Instagram, following an investigation into its handling of children's data privacy.
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A service email? ‘On your bike!’ says the ICO
23 September 2022The ICO has fined Halfords £30,000 for sending unsolicited marketing emails about a bike repair scheme without consent, contrary to UK e-privacy law. It is the latest fine where the key issue in dispute is the distinction between a ‘genuine’ service message, and one which the ICO considers constitutes direct marketing.
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Keeping Children Safe Online (Webinar) – Key Takeaways
31 August 2022Bryony Long and Nick Allan were delighted to welcome experts from Frankfurt Kurnit Klein & Selz and Ukie (The Association for UK Interactive Entertainment) to discuss current challenges in keeping children safe online, particularly in the context of games.
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Another blow for Big Tech as political agreement is reached in record time on a new digital services framework
23 June 2022No doubt spurred on by events in Ukraine and growing concerns about the societal impact of the spread of misinformation, on 22 April 2022 the European Parliament and EU Member States reached a political agreement on the European Commission’s proposals on the Digital Services Act (DSA) in record time.
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Empathic AI – workplace data privacy and employment issues arising from this emerging technology
04 May 2022Smile! You’re on camera! And we are detecting your heart rate, pupil dilation, blood pressure, temperature, and other physiognomic measurements… Empathic Artificial Intelligence is a sub-group of Artificial Intelligence (AI) systems which makes use of empathic technology: algorithms that purportedly have the ability to detect human emotions. In this article we consider the data privacy and employment issues for employers arising from this emerging technology.
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Employer Takeaways from the Annual Report of the Irish Data Protection Commission
14 April 2022The Irish Data Protection Commission (DPC) recently published its annual report for 2021 detailing the activities it undertook in 2021 and setting out its regulatory strategy and priorities for the next five years.
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Toni Lorenzo and Alistair Hayes provide practical observations on the High Court's decision in Nissan Motor’s case for the Solicitors Journal
01 April 2022Background: Ravinder Passi was previously employed as Nissan’s Global General Counsel based in Japan. His employment was terminated in November 2020. Mr Passi brought two Employment Tribunal claims, including allegations of whistleblowing, detriment and victimisation (one during – and one following the end of – his employment). On providing his disclosure in connection with these claims, Nissan realised Mr Passi had removed and retained hundreds of highly confidential and privileged documents.
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CNIL Opines on Processors’ Ability to Reuse Personal Data
15 February 2022On 12 January 2022 the CNIL published guidelines [1] on the reuse of personal data by data processors for their own purposes.
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Google Analytics under fire in Europe – are we another step closer to data localisation?
25 January 2022Just when we were hoping for a gentle ease into the year, the Austrian Data Protection Authority (DPA) decision of 22 December 2021 was made public and a flurry of concerns around the future of international transfers (not just the use of Google Analytics) ensued.
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Lewis Silkin’s Hong Kong team discuss topical issues in podcast series
16 December 2021Our Hong Kong employment team have collaborated with Conventus Law on their podcast series “Heart of the Matter – A Podcast on Legal Development from around the world”.
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ICO Opinion: Data protection and privacy expectations for online advertising proposals
10 December 2021On 25 November 2021 the ICO issued an Opinion [1] on its expectations for online advertising, its latest update to its thematic review [2] of the adtech industry which commenced in 2019. The latest Opinion builds on concerns initially identified by the ICO [3] in 2019 and sets out the privacy standards that the ICO expects adtech vendors to meet when developing new products so that people’s online privacy is safeguarded.
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Lloyd v Google – the Supreme Court decision and its impact on data litigation
09 December 2021Now that the dust is settling on the long-awaited judgment of the Supreme Court in Lloyd v Google, it is worth reflecting how we ended up here, as well as what it means for the future of data litigation. After all, Lloyd v Google [1] was the case that was set to determine whether floodgates would open in the UK when it comes to ‘opt-out’ data & privacy class actions.
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The AdTech Challenge: Thriving in an E-commerce World - Jo Farmer, Mark Hersey and Helen Hart write for PLC Magazine
02 November 2021The privacy and other legal challenges that advertisers face in navigating the online advertising industry and, in particular, the use of AdTech.
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How to tell if an 'eco-friendly' firm is greenwashing: Victor Timon comments for RTE
01 November 2021We're seeing more 'eco-friendly’ and ‘all natural' products on our shelves, as consumers demand more sustainable choices. But as companies come under increased pressure to meet their Environmental, Social, and Governance (ESG) goals, how can we tell if some are twisting the truth?
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Irish Data Protection Commission’s Facebook decision – more unwanted scrutiny from its critics?
29 October 2021In an Irish Data Protection Commission (DPC) draft decision, which has been published by Max Schrems’ on his None of your Business website, the DPC has proposed to fine Facebook up to €36 million over the social media giant’s lack of transparency and clarity in informing their users about the legal basis used to process their data. It found that “the lack of transparency goes to the heart of data subject rights and risks undermining their effectiveness by not providing transparent information”.
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Data breach litigation decision signals less Warren more peace for victim organisations
15 October 2021Data breaches have a long tail and organisations can’t hang up their hats once an incident has been remediated and regulatory interactions about said incident concluded. Instead, they have to prepare for the inevitable wave of identikit and (for the most part) low-to-no value claims which follow.
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Is Ireland the GDPR bottleneck paralysing enforcement in Europe?
22 September 2021In its recent report entitled “Europe’s Enforcement Paralysis” (Report), the ICCL looks at the overall enforcement capacity of European data protection authorities in cross-border cases. It paints a gloomy picture, highlighting several glaring issues
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The ICO approves the first UK certification scheme criteria: Alexander Milner-Smith writes for Privacy Laws
17 September 2021Alexander Milner-Smith comments in Privacy Laws on the ICO’s Children’s Code and age verification following the ICOs approval of the UK's first age verification certificate scheme