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Is the use of contact tracing apps the answer for organisations to get out of lockdown?
29 April 2020Contact tracing apps are gaining momentum as a possible way out of lockdown. However their success will ultimately turn on the extent to which they are installed and used correctly.
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Subject access in a professional services context
22 April 2020Data subject access requests made to professional services firms can raise some particularly difficult issues. This article considers the problems that can arise and how firms can navigate the potentially available exemptions.
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ICO adapts its approach in light of COVID-19
22 April 2020The ICO has released further guidance on its approach to data protection enforcement during the COVID-19 pandemic.
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Bank of England issues discussion paper on a central bank digital currency
16 April 2020The Bank of England has issued a discussion paper on a central bank digital currency.
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Tech developments in transport
16 April 2020The UK government has recently published two documents relating to transport. The first is a consultation on a regulatory review of the future of transport, and the other is a plan for decarbonising transport.
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Morrisons not liable for misuse of personal data by rogue employee
01 April 2020The Supreme Court has allowed an appeal by the supermarket chain Morrisons Supermarkets plc, overturning a finding that it was vicariously liable for a rogue employee's deliberate disclosure of payroll data related to some 100,000 co-workers, of whom 10,000 brought a group claim for damages. The ruling will come as a big relief for employers up and down the country.
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Blurred lines: The difference between a service communication and marketing communication
27 March 2020For years marketeers have grappled with the question of whether the customer communication they are sending is a service comm or a marketing comm. However, now more than ever, the lines are being blurred because businesses are trying to keep their customers up to date with the steps that they are taking to tackle Covid-19 whilst also encouraging customers to continue to purchase (albeit on line). This article is intended to help marketeers clarify where that line should be drawn….
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Staying secure when homeworking during the coronavirus pandemic
25 March 2020Viruses do not just infect organic lifeforms such as humans. They, and other types of malware, can also affect our digital lives. While the world faces a public health emergency leaving organisations with little choice but urgently to introduce or scale up homeworking arrangements, opportunist cyber criminals are exploiting the crisis by increasingly using the coronavirus (COVID-19) as an attack vector.
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AI regulators getting interested
24 March 2020It has been reported that Amazon has been removing thousands of listings for bogus items related to the coronavirus. It seems likely that Amazon is using forms of artificial intelligence to help scour its website for such items, and as the significance and range of uses of artificial intelligence grow, it is worth considering a recent flurry of regulatory developments in the sector in the UK and the EU.
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COVID-19 and its implications for data protection compliance
23 March 2020As COVID-19 panic continues to grip the nation, businesses are grappling with how best to respond to the situation, including considering how to protect their customers, visitors and staff. At the same time, EU data protection regulators are keen to remind us this pandemic does not in and of itself entitle us to relax our approach to data protection compliance; the law is still very much the law. In this article we consider some of the key data protection issues when it comes to dealing with COVID-19.
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Irish Data Protection Commission annual report – review of 2019 and focus for the future
28 February 2020The Irish Data Protection Commission (DPC) recently published its annual report for 2019 – the first full calendar year since the General Data Protection Regulation (GDPR) came into force.
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ICO issues final text of Age Appropriate design code for online services to keep children safe
17 February 2020The UK’s data protection regulator, the ICO, has issued the final text of the “Age Appropriate” design code for online services (the “Code”). Whilst this may be a welcome change for parents and guardians who are concerned that their young ones are viewing content which is not age appropriate, the Code has the potential to have a significant impact on some organisations.
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Aaaaand… GO! The CCPA has already kicked off but I still have compliance questions!
14 February 2020Despite being a month into the California Consumer Privacy Act (‘CCPA’) ‘going live’, businesses all over the world are still scratching their heads wondering ‘where on earth did these new laws come from and how do they affect me?’
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ICO ‘dispenses’ its first GDPR fine
29 January 2020You’d be forgiven for missing it: while the rest of us were busily hanging tinsel and counting down the days to Christmas on our advent calendars, the ICO handed down its first GDPR fine – in the sum of £275,000 – to Doorstep Dispensaree (DD), a provider of pharmacy services to care homes. The decision is of note not just because it’s the first fine issued by Ms Denham, but also because of the other powers she exercised along the way (i.e. Information and Enforcement Notices, in addition to Monetary Penalty). Heralding another first, DD’s appeal against the Information Notice was the first to reach a final determination in the First-Tier Tribunal under the new regime.
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ICO consults on new direct marketing code of practice
17 January 2020On 8 January 2020 the UK Information Commissioner’s Office (ICO) issued a consultation on a draft direct marketing code of practice which is intended to “provide practical guidance” to help organisations comply with data protection and e-privacy rules – particularly those set out in the General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications Regulations (PECR) – in respect of direct marketing activities.
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International data transfers - temporary sigh of relief over model clauses?
17 January 2020The ECJ Advocate General has given his opinion in the ongoing Schrems II case about the validity of model clauses – or Standard Contractual Clauses – as a basis for transferring data out of the EU. The opinion is that model clauses are valid, with an important note of caution.
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Ads & Brands Law Digest: November-December 2019
23 December 2019Welcome to the November-December 2019 issue of our monthly Ads & Brands Law Digest.
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Impact of AI in retail
28 November 2019Chatbots, facial recognition, biometrics and a host of other Artificial Intelligence (“AI”) technologies are being utilised by the retail sector at an increasingly progressive rate and it is predicted by 2020, 85% of customer interactions will be managed by AI.
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Ads & Brands Law Digest: October 2019
31 October 2019Welcome to the October 2019 issue of our monthly Ads & Brands Law Digest.
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Cookie consent is a box-ticking exercise after all!
16 October 2019The European Court of Justice (ECJ) has provided welcome clarity on the consent requirements around the use of cookies by website operators. As if it were ever in doubt, pre-ticked boxes cannot be used as a means of obtaining a website user’s consent to the use of cookies.