Cynthia O'Donoghue

Cynthia O'Donoghue

Reed Smith

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NIS Directive to be Implemented in UK Despite Brexit

In January, the UK government confirmed that it will be implementing the EU’s Network and Information Security Directive (NIS Directive) regardless of Brexit. EU countries have until 9 May 2018 to implement the Directive into...more

2/21/2017 - Cybersecurity EU General Data Protection Regulation (GDPR) NIS Directive UK UK Brexit

UK Reaffirms Commitment to GDPR while ICO Increases its International Focus

At the beginning of February, the Minister of State responsible for digital and culture policy, Matt Hancock, reaffirmed the UK’s commitment to implementing legislation mirroring the General Data Protection Regulation (GDPR),...more

2/14/2017 - Data Protection EU General Data Protection Regulation (GDPR) ICO UK UK Brexit

Trump Executive Order Spooks Privacy Shield Adherents and Privacy Community

Data protection and privacy officials and interest groups across the globe produced a flurry of activity on social media this week. Countless tweets, blogs and articles have responded to President Trump’s executive order...more

2/1/2017 - Cybersecurity Data Protection EU EU-US Privacy Shield Executive Orders Judicial Redress Act Popular Privacy Act of 1974 Trump Administration

Article 29 Working Party Adopts its 2017 Action Plan

In early January, the Article 29 Working Party (WP29) adopted its 2017 Action Plan (Action Plan) on the implementation of the General Data Protection Regulation (GDPR). Amongst the actions proposed, the Action Plan...more

1/31/2017 - Article 29 Working Party (WP29) Data Protection EDPB EU General Data Protection Regulation (GDPR) ICO

Building the EU Data Economy: Time for an Upgrade?

The EU Commission recently launched a Public consultation on Building the European data economy. The objective behind the consultation is to feed into the Commission’s future policy agenda on the European data economy in...more

1/27/2017 - Data Protection EU European Commission General Data Protection Regulation (GDPR) Personal Data

Switzerland and the United States Agree Privacy Shield Framework

The governments of Switzerland and the United States finalised the Swiss-U.S. Privacy Shield Framework on 11 January. The Framework is similar in many respects to the EU-U.S. Privacy Shield, and replaces the U.S.-Swiss Safe...more

1/19/2017 - Data Protection Data Security EEA EU EU-US Privacy Shield International Data Transfers Personal Data Switzerland

The New Cybersecurity Law of China: What does it Mean for the International Market?

On 7 November, the government of the People’s Republic of China passed the much-anticipated Cyber Security Law of China, which will come into force 1 June 2017. After first and second drafts were put out for public...more

1/19/2017 - China Cybersecurity Data Protection International Data Transfers Personal Data Popular

EU Commission Publishes Its Proposals for New e-Privacy Regulation

On 10 January, the EU Commission proposed a new Regulation on Privacy and Electronic Communications (“proposed Regulation”) to replace Directive 2002/58 (known as the “ePrivacy Directive”). The proposed Regulation...more

1/16/2017 - Confidential Information Data Privacy Data Protection Electronic Communications ePrivacy Directive EU European Commission General Data Protection Regulation (GDPR) Internet Marketing Proposed Regulation Telemarketing

Article 29 Working Party Issues Guidance on Data Portability, DPOs and Lead Supervisory Authorities

As we enter 2017, 2018 doesn’t seem that far away…and with the new General Data Protection Regulation (GDPR) due to come into effect from 25 May 2018, organisations are running out of time to ensure compliance with the new...more

1/10/2017 - Article 29 Working Party (WP29) Data Protection Data Protection Officers (DPOs) EU General Data Protection Regulation (GDPR)

ICO to Assume Telephone Preference Service Responsibility

Effective 30 December 2016, the Information Commissioner’s Office (‘ICO’) will be responsible for recording and maintaining the Telephone Preference Service (‘TPS’) register. The TPS is a free service offered to the...more

12/21/2016 - Data Protection Direct Marketing ICO UK

EU-US Privacy Shield challenged in the European Court of Justice

Just four months after its adoption by the European Commission, the EU-U.S. Privacy Shield is facing its first formal legal challenge. The challenge comes from the Irish advocacy group Digital Rights Ireland, who is...more

12/6/2016 - Article 29 Working Party (WP29) EU EU-US Privacy Shield European Commission European Court of Justice (ECJ) International Data Transfers Personal Data U.S. Commerce Department US-EU Safe Harbor Framework

Implementing the GDPR: What You Need to Know

Data protection procedures will require an overhaul for any company that offers goods and services, or tracks individuals, in the EU under the European General Data Protection Regulation (GDPR) to take effect from 25 May...more

11/28/2016 - Data Breach Data Collection Data Protection Data Protection Officers (DPOs) EU General Data Protection Regulation (GDPR) International Data Transfers member Personal Data

Data Protection Authorities Gather for the 38th International Privacy Conference

Data Protection Authorities (“DPAs”) from across the world gathered in Marrakesh for the 38th International Privacy Conference. This event is held annually for the purpose of debating topical data protection issues. The...more

11/23/2016 - Data Protection Data Protection Authority EDPS EU Personal Data

Article 29 Working Party Issues Results of GDPR Fablab Workshop

Ahead of the forthcoming General Data Protection Regulation (GDPR), the Article 29 Working Party earlier this year organised the Fablab workshop. Meeting in Brussels, more than 90 participants gathered to discuss certain...more

11/18/2016 - Article 29 Working Party (WP29) Data Protection Data Protection Authority Data Protection Officers (DPOs) EU General Data Protection Regulation (GDPR)

Company Bosses Can No Longer Dodge Nuisance Call Fines

In an ongoing effort to tackle nuisance calls, the UK government has signalled its intention to make company directors directly liable for breaches of the Privacy and Electronic Communications Regulations (PERC) carried out...more

11/16/2016 - Corporate Counsel Cybersecurity Data Breach Directors ICO UK

In the Wake of Schrems: EU White List of Adequate Nations and Standard Contractual Clauses Under Review

Early last month, the European Commission tabled proposed amendments to its existing decisions on the adequacy of third countries’ data protection laws, and to its decisions on the EU standard contractual clauses....more

11/15/2016 - CJEU EU EU Data Protection Laws European Commission International Data Transfers Personal Data Proposed Amendments Schrems v Data Protection Commissioner Standard Contractual Clauses US-EU Safe Harbor Framework

FCA and G7 issue cybersecurity guidelines for the financial sector

In its speech at the FT Cyber Security Summit, the FCA has outlined its approach to cybersecurity in financial services firms. In addition to this, the Group of 7 (“G7”) has issued an 8-point framework for the financial...more

11/7/2016 - Cyber Attacks Cybersecurity False Claims Act (FCA) Financial Sector G7

TLT v SoS: How do you quantify damages for data breaches?

A recent High Court decision, TLT and others v Secretary of State for the Home Office [2016] EWHC 2217 (QB) (“TLT v SoS”), paves the way for the greater recognition of distress in cases of data breaches and the misuse of...more

11/4/2016 - Data Breach Data Protection IP Addresses Personal Data UK

UK Government Confirms GDPR Will Be a Reality For Post-Brexit Britain, Hints That Future UK Law Could Drop Some “Burdensome” EU...

In her evidence to the Culture, Media and Sport Select Committee on 24 October, Secretary of State for the Department of Culture, Media and Sport (“DCMS”) Karen Bradley MP called out the EU General Data Protection Regulation...more

11/3/2016 - Data Protection EU General Data Protection Regulation (GDPR) UK UK Brexit

CJEU says dynamic IP addresses can constitute personal data

The Court of Justice of the European Union (“CJEU”) has ruled that dynamic IP addresses can constitute personal data. Dynamic IP addresses, registered by a website provider when an individual accesses its website, shall...more

10/27/2016 - CJEU Data Protection EU General Data Protection Regulation (GDPR) Internet Service Providers (ISPs) IP Addresses Personal Data Websites

In the age of Big Data, the EDPS issues an Opinion on enforcement and upholding fundamental rights

The European Data Protection Supervisor (“EDPS”) issued an Opinion on coherent enforcement of fundamental rights in the age of big data”. This is an update to the EDPS’ Preliminary Opinion in 2014 on “Privacy and...more

10/13/2016 - Big Data Cybersecurity Data Protection Digital Single Market EDPS Enforcement EU Mergers Personal Data Popular

Does Brexit mean Brexit for data protection in the UK?

Three months on from the landmark Brexit vote 23 June, the Information Commissioner’s Office is setting out its position regarding data protection laws in a post-Brexit UK. Elizabeth Denham, the new Information Commissioner,...more

10/5/2016 - Data Protection EU Facebook General Data Protection Regulation (GDPR) Intellectual Property Protection Member State Referendums UK UK Brexit WhatsApp

A supply of software can be a sale of goods

The High Court held, in The Software Incubator v Computer Associates [2016] EWHC 1587 (QB), that a supply of commoditised software is a sale of goods for the purposes of the Commercial Agents (Council Directive) Regulations...more

9/16/2016 - Sale of Goods Act (SOGA) Software

The Effect of Brexit on Cyber Security: A National Response to an International Threat?

As the risk of cyber attacks respects no borders, a cohesive and harmonised EU-level approach to cyber security is appropriate. It is therefore understandable that UK organisations have questions following the recent...more

9/2/2016 - Cyber Attacks Cybersecurity Data Protection Acts EU European Commission Member State OFCOM Outsourcing Popular Referendums Treaty of Lisbon UK UK Brexit

ICO Reminds Organisations of EU-U.S. Personal Data Transfer Obligations

The Interim Deputy Commissioner at the Information Commissioner’s Office (“ICO”), Steve Wood, has published a blog reminding organisations of their obligations when transferring personal data to the United States, pursuant to...more

8/25/2016 - Article 29 Working Party (WP29) Binding Contractual Rules Data Protection Acts EU EU-US Privacy Shield ICO International Data Transfers Model Clauses Personal Data U.S. Commerce Department UK Data Protection Act US-EU Safe Harbor Framework

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