UK Data Protection Act

News & Analysis as of

UK Data Privacy Laws in a Post-Brexit World

Following the United Kingdom’s nonbinding vote to leave the European Union (“Brexit”), what do businesses need to consider for data privacy compliance?...more

Data Protection in a Post-Brexit Landscape

The United Kingdom’s vote to leave the European Union coincides with a seismic change in data protection law. Once Article 50 of the Lisbon Treaty is invoked, there will be a period of two years to complete negotiations and...more

BREXIT – What does this mean for UK Data Protection law?

As the whole world now knows, the UK voted to leave the European Union (EU) in its historic referendum on 23rd June by a vote of 51.9 percent in favour of “leave” to 48.1 in favour of “remain”. This blog focusses on how that...more

Brexit - What Now For Your Business

So, the UK has voted to leave the EU. Everyone has their own opinion and we've all seen the news reports and various viewpoints but what does this result mean for you in practical terms and where do we go from here? Here's...more

Keep Calm and Carry On!

With the Brexit vote accomplished and the future of the UK in question, many employers with operations in the UK or the EU are questioning the application of existing privacy laws to their employees or subsidiaries there. ...more

How employers can stop departing employees taking client lists with them

When an employee departs for a role with a competitor, there is often a risk that the employee might take confidential client details with them, with potentially damaging consequences for the employer. However, a recent court...more

What does BREXIT mean for data protection?

On 23 June 2016, the UK is holding a referendum as to whether to stay in the European Union or leave it.  But what does a BREXIT (a British Exit from the EU) mean for data protection?  Most of the UK law on data protection...more

Galloway v Frazer & Others – A glimpse to the future of data protection litigation

On 27 January, the High Court of Northern Ireland granted British MP George Galloway leave to serve proceedings on Google Inc. out of the jurisdiction. The application was based on a variety of claims including libel,...more

New Encryption Guidance Published by the ICO

The UK Information Commissioner’s Office (ICO) has released updated guidance on the use of encryption. The guidance highlights that in many areas, the ICO expects encryption software to be used, and in the future where data...more

The battle between children’s right to privacy vs. publisher’s freedom of expression

In the battle between protecting children’s right to privacy and allowing publishers to exercise their freedom of expression, recent case law has seen children’s rights triumph....more

No Right to Privacy in the Workplace?

Last week the European Court of Human Rights held in Barbulescu v Romania (Application no. 61496/08) that there was no breach of the right to privacy where an employer searched the contents of an employee's instant messaging...more

Employment Law Briefing

Whistleblowing can be a valuable tool for businesses, providing an early warning system against corporate malpractice and demonstrating a compliance culture. Hotlines are now established as an important tool in the...more

Data Subject Access Requests – Stick to What’s Reasonable, Proportionate, and Has the Proper Motive, Says UK Court

In August, the High Court, in Dawson-Damer & Ors v Taylor Wessing [2015] EWHC 2366 (Ch), refused an application to compel a UK law firm (“TW”) to comply with a data subject access request (“DSAR”) under the Data Protection...more

UK Supreme Court to re-consider compensation rights under Data Protection Act

This week, Google has been granted permission to appeal to the UK Supreme Court as part of the decision in Google Inc. v. Vidal-Hall & Others (2015). This is about rights to claim compensation for breaches of the Data...more

How Businesses Can Reduce Cyber Risk: Pre and Post Incident: Businesses Need to Take a More Proactive Approach to Reducing What Is...

As the volume of sensitive data that businesses store ever increases, the use of mobile devices continues to grow and cyber villains become ever more sophisticated, it is perhaps of no surprise that we hear about new...more

Scope for damages for data protection violations in the UK widened by the Court of Appeal

The English Court of Appeal recently gave judgement in a case arising out of the tracking of Internet behaviour via a web browser. In Vidal-Hall v Google1, the Court of Appeal found that...more

Landmark UK Data Protection Ruling

The English Court of Appeal has recently handed down a landmark decision confirming that an individual can recover damages under the UK’s Data Protection Act 1998 (the “Act”) for non-financial losses....more

Crackdown on ‘Back-door’ Criminal Record Checks

Under section 56 of the Data Protection Act 1998 (DPA), it is now a criminal offence for any person or organisation to require an individual to submit a ‘subject access request’ (i.e. the right for an individual to access any...more

NGOs may rely on UK's Journalism Exemption

The UK Information Commissioner’s Officer (the “ICO”), in a letter to Global Witness (in Steinmetz and others v Global Witness) (the “Letter”), stated that non-media organisations may rely on the special-purposes exemption...more

UK Information Commissioner’s Office (ICO) Receives Power to Audit National Health Service

The ICO has welcomed a change in legislation which came into effect on 1 February 2015 enabling it to audit National Health Service (NHS) bodies to check for compliance with the UK Data Protection Act 1998. ...more

UK Legal HIghlights 2014 And Beyond

Welcome to our 2014 edition of UK Legal Highlights. This publication is a reminder of some of the most important and significant developments DLA Piper reported in 2014, along with some forthcoming developments to look out...more

Data Privacy Law in the UK, Part III: Employment Background Checks and Monitoring

In parts one and two of this series summarizing data protection law in the United Kingdom, we looked at the data protection principles to which employers must adhere in relation to obtaining, holding, or disposing of personal...more

Data Privacy Law in the UK, Part II: Data Security and Restrictions on Data Transfers for U.S. Employers

The European Court of Justice’s decision in the Google case that it was required to remove links to “outdated” or “irrelevant” information about an individual has brought EU data privacy laws to the forefront of public...more

Europe Under Review: Part 7 Of 8 – Privacy Governance

As the next in our series of “back to privacy basics”, we look at the rules regarding privacy governance. As we will do throughout this series, we take a look at the current position and what is best practice for an...more

Sports, Media and Entertainment Intelligence - May 2014 (Global)

UK: London's IP anti-crime unit shuts down leading sports file sharing site - The City of London’s Police Intellectual Property Crime Unit has successfully shut down the Sports Torrent Network, a leading sports...more

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