Focusing on the latest digital trends and risks and developments in the field of data protection, privacy, information and cyber law.
IP owners to pay the costs of blocking access to infringing websites
21 June 2018 David Stone
The UK Supreme Court has unanimously ruled that trade mark owners should pay the costs of implementing a court order requiring UK ISPs to block access to websites selling counterfeit goods. This is a reversal of previous decisions, which had required the ISPs to bear these costs. Rights holders will still be able to obtain › Read More
The effect of the new UK cybersecurity laws
17 May 2018 Charlotte Mullarkey
On 10 May the Network and Information Systems Regulations 2018 came into force in the UK. These implement the EU NIS Directive, EU-wide rules on cybersecurity. The NIS Directive had to be transposed into Member State laws by 9 May 2018. Many Member States have not met the deadline. Which companies are caught? The UK › Read More
ICO guidance on data protection fees – notification is dead, long live registration
06 March 2018 Charlotte Mullarkey
To coincide with the implementation of the General Data Protection Regulation (GDPR), the UK data protection authority, the Information Commissioner’s Office (the ICO) has issued guidance on the new proposed fee arrangement for the registration of data controllers in the UK. Assuming this proposal is approved by Parliament, the new ‘data protection fee’ will come › Read More
Using artificial intelligence to fight financial crime – a legal risk perspective
27 February 2018 Ian Rodgers
The Head of the Financial Crime Department at the UK Financial Conduct Authority (the FCA), Rob Gruppetta, gave a speech on “Using artificial intelligence to keep criminal funds out of the financial system” in December 2017 (1). In it, he explored how artificial intelligence (AI) could potentially be used to prevent financial crime, and for › Read More
GDPR Guidelines – Is The Article 29 Working Party Going Too Far?
12 January 2018 David Smith
The Article 29 Working Party has been working overtime to publish guidelines on a wide range of GDPR requirements. Not surprisingly, given the impact of the GDPR, there have been calls for even more guidance but the data protection authorities that make up the Working Party have limited resources and it is not always easy › Read More
WP29 guidelines on consent under GDPR
02 January 2018 Nigel Parker
The WP29’s draft guidelines on consent begin with some good advice. “[A] controller must always take time to consider whether consent is the appropriate lawful ground for the… processing or whether another ground should be chosen instead”. The decision whether or not to seek and rely on consent has heightened importance under the GDPR, given › Read More