News & Analysis as of

Information Commissioner's Office (ICO) Websites

Sheppard Mullin Richter & Hampton LLP

UK ICO Uses AI In Cookie Banner Review

The UK Information Commissioner’s Office recently reported that it is continuing its review of website cookie banners. It had expressed concern late last year that these banners were not giving “fair choices” because they did...more

BCLP

UK Children’s Privacy Protection Comes of Age

BCLP on

The Age Appropriate Design Code (“AADC”) - more commonly known as the Children’s Code - has been heralded as the world’s first code to protect children online. Compliance with the AADC became mandatory for in-scope businesses...more

Orrick, Herrington & Sutcliffe LLP

ICO Fines: When Is An Appeal Appealing?

The decision to appeal a regulatory finding is never taken lightly. By the time a regulator has completed its investigation and notified a company of its intention to fine, the company will have invested significant time and...more

Orrick, Herrington & Sutcliffe LLP

No Consent, No Cookie! CJEU Issues Far-Reaching Decision on Cookie Consent

In its long-awaited judgment, the European Court of Justice (CJEU) decided the data protection requirements for obtaining consent when using cookies. The court held that “passive” acceptance of cookies through prechecked...more

BCLP

ECJ Issues First Cookie Decision After GDPR

BCLP on

On October 1, the European Court of Justice (the “ECJ”) confirmed recent guidance from the UK and CNIL regulators in finding that the use of pre-checked boxes does not constitute consent for processing of personal information...more

Latham & Watkins LLP

UK’s Online Harms Regime Must Be ‘Proportionate’, According to the ICO and Ofcom

Latham & Watkins LLP on

Delicate balance required, as regulators and lobbyist warn of the risks of over-regulation while research indicates users seek greater protection. Both the ICO and the outgoing Chief Executive of Ofcom have sounded a...more

BCLP

GDPR Privacy FAQs: Do cookie banners that disclose the use of analytics or behavioral advertising cookies, and state that...

BCLP on

Probably not. A data subject’s consent to the use of analytics or behavioural cookies must be a valid “affirmative act.”  While it may be argued that the data subject is indeed performing an “affirmative act” by continuing...more

Hogan Lovells

UK Parliament Passes New Digital Economy Act

Hogan Lovells on

The Digital Economy Bill passed into UK law last Thursday 27 April 2017 amidst the flurry of activity known as the “wash up” period before the dissolution of Parliament and ahead of the early general election in the UK to be...more

Ballard Spahr LLP

UK ICO Offers Guidance on Privacy Notices Under the GDPR and the UK Data Protection Act

Ballard Spahr LLP on

In an anticipated guidance, the United Kingdom's Information Commissioner's Office (ICO) updated its code of practice for privacy notices titled Privacy notices, transparency and control (the Code). Significantly, the ICO has...more

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