Focusing on the latest digital trends and risks and developments in the field of data protection, privacy, information and cyber law.

The effect of the new UK cybersecurity laws

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

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

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?

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

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

WP29 guidelines on transparency under GDPR

Nigel Parker

Shortly before the Christmas break, the Article 29 Working Party (WP29) published keenly awaited draft guidelines on transparency and consent under the GDPR. These guidelines will be closely scrutinised. Privacy notices, requests for consent, how an organisation deals with data subject enquiries regarding the processing of personal data, and how an organisation communicates information in Read More