News & Analysis as of

Information Commissioner's Office European Union

Global Privacy & Cybersecurity Update Vol. 14

by Jones Day on

New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

GDPR Compliance Update: Which Government Authorities Have Issued Official GDPR Guidance?

This post provides an update as to the current status of official GDPR-related guidance. With a little under a year remaining until the European Union’s General Data Protection Regulation (GDPR) becomes enforceable, companies...more

The Information Commissioner’s Guidance on Consent under the GDPR

by Ropes & Gray LLP on

The General Data Protection Regulation (the “GDPR”) came into force in May 2016 and makes numerous changes to European data protection laws. Among other things, the GDPR updates the rules on the use of consent by data...more

EU regulators welcome stricter rules on cookies and direct marketing

by White & Case LLP on

The European Commission has published a draft Regulation regarding cookies and electronic direct marketing. EU regulators have publicly welcomed the proposal, which has potentially significant consequences for all businesses...more

Meritas Data Protection & Privacy The GDPR - new data governance obligations on businesses

Let’s start with the good news. The current obligation to register with the national data protection authority will be abolished. Along with the fines and criminal offences of failing to do so. In its place, the...more

‘Once in a Generation’ Legislative Changes: the ICO’s Strategy for GDPR Challenges

by Reed Smith on

Information Commissioner Elizabeth Denham has recently given some valuable insights into the Information Commissioner’s Office’s (ICO) General Data Protection Regulation (“GDPR”) strategy. Addressing the House of Lords EU...more

UK ICO Requests Input for Guidance on GDPR Profiling Requirements

by Hogan Lovells on

The UK ICO has published what it describes as a feedback request on profiling and automated decision-making, with the intention that responses will “help inform the UK’s contribution to the WP29 guidelines due to be published...more

Man vs. Machine: the ICO Provides Guidance On Use of Big Data

by Reed Smith on

As the European data protection framework evolves, big data remains a hot topic. Often, what makes up these large data sets is personal data, so it has clear data protection implications. The Information Commissioner’s...more

ICO request feedback on profiling and automated decision-making

by Dentons on

The ICO has published a request for feedback on the GDPR rules on profiling and automated decision making. They say it’s not guidance and just initial thoughts but we think it is a good steer on what the ICO thinks are the...more

The dangers of direct marketing: Seeking consent or asking for trouble?

by White & Case LLP on

The UK Information Commissioner's Office has issued fines to two businesses for unlawfully sending emails to individuals to ask about their marketing preferences. These cases emphasise the fact that "marketing" in this...more

UK Privacy Regulator Addresses Data Protection Under The GDPR

by King & Spalding on

On Monday, March 6, 2017, the UK’s Information Commissioner’s Office (“ICO”) held its annual Data Protection Practitioners’ Conference. During the conference, Information Commissioner Elizabeth Denham, who was appointed to...more

United Kingdom Privacy Office Issues Guidance on Consent Under GDPR

by Ballard Spahr LLP on

The EU General Data Protection Regulation (GDPR), which takes effect in May 2018, will require companies to reassess their mechanisms for obtaining, tracking, and verifying individuals' consent. Companies will need clear and...more

ICO Seeks Extra Resources for GDPR Enforcement

by Alston & Bird on

On March 13, 2017, Elizabeth Denham, head of the UK data protection authority (“ICO”) publicly expressed her intention to massively recruit new personnel in an effort to be ready for the European (“EU”) general data...more

Health Company Fined by UK’s Information Commissioner Office

by Hogan Lovells on

Last week, the UK’s Information Commissioner’s Office (ICO) published a monetary penalty notice which fined a private healthcare company, HCA International, £200,000 for its failure to keep sensitive data secure....more

UK Launches Public Consultation on GDPR Consent Guidance

by Alston & Bird on

The General Data Protection Regulation (GDPR) will come into force on 25 May 2018, replacing UK’s Data Protection Act 1998 (DPA). It is yet unclear how Brexit will play out, yet in the meantime the United Kingdom is moving to...more

UK Reaffirms Commitment to GDPR while ICO Increases its International Focus

by Reed Smith on

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

Article 29 Working Party Adopts its 2017 Action Plan

by Reed Smith on

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

Businesses can refuse Subject Access Requests made for the dominant purpose of litigation

by White & Case LLP on

The High Court has ruled that a business that receives a Subject Access Request ("SAR") can refuse to disclose the requested information in some cases, if the dominant purpose of the SAR is litigation. This appears to mark a...more

United Kingdom to Implement EU General Data Protection Regulation

by Morgan Lewis on

UK Secretary of State Karen Bradley recently confirmed that the United Kingdom will implement the European Union’s General Data Protection Regulation (GDPR), the regulation by which the European Commission intends to...more

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

by Reed Smith on

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

Employment Law Briefing

by McGuireWoods LLP on

Brexit — Keep Calm and Carry On - The Brexit referendum elicited strong feelings amongst “Leavers” and “Remainers”, and will likely continue to do so. In the UK it is generally not as common for co-workers to discuss...more

ICO Responds to the ePrivacy Directive Consultation

by Reed Smith on

In April, we reported that the European Commission had opened a public consultation seeking the views of various stakeholders on the current wording of, and possible changes to, the Privacy and Electronic Communications...more

Cybersecurity in life sciences: what is your duty of care?

by Allen & Overy LLP on

Cybersecurity continues to be headline-grabbing news, particularly following recent reports of high-profile cyber attacks on a number of major well-known corporations. Conscious of their fiduciary duties, boardrooms of global...more

IT, Commercial and Outsourcing Contracts: Brexit Top 10

According to Theresa May, the UK’s recently installed prime minister, Brexit means Brexit. But what this actually means in practice is still unknown. There is still a huge amount of debate over what Brexit will look like,...more

Brexit: Preparing for the Unknown — Practical steps

by McGuireWoods LLP on

The UK’s new Prime Minister Theresa May has said: “The country voted to leave the European Union, and as prime minister I will make sure that we leave the European Union.” That seems like a clear statement, but the...more

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