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Key data privacy developments in 2021 and what to expect in 2022 As another eventful year closes, data privacy developments have continued apace and there is more to expect to in 2022. In the UK for example, we await further clarity around the practical implementation of the rules on international transfers. We also lo...

A tale of two fines…lessons from the ICO actions against the Cabinet Office and Clearview AI Uh oh. That field was supposed to be deleted, not just hidden…. It is a very easy mistake to make particularly when a number of people are working in the same spreadsheet, against a deadline and using a new IT system. However, this error happened in relat...

Bug off. What if your software provider won’t fix errors? In the case of Top System SA v État belge the Court of Justice of the EU provided some helpful clarifications on the scope of a user’s right to decompile software under the EU’s Software Directive (91/250, now consolidated as 2009/24/EC). The Facts Top Sy...

British Airways negotiates the settlement of mass data claim In December, I attempted to forecast what 2021 might bring in relation to mass claims in the data sphere. The big unknown remains, as we await the Supreme Court’s decision in Lloyd v Google, following a hearing in April. This will determine whether or not...

Ransomware: does your board know the right questions to ask? Ransomware attacks are constantly hitting the headlines, with FBI director Christopher Wray recently likening the current spate of attacks to the challenges raised by the 9/11 terrorist attacks. In response, the UK’s NCSC has produced a number of resource...

Mass claims for data breaches: perhaps a change of heart by the Government but don’t forget Lloyd v Google The UK Government has published its response to last year’s consultation reviewing the representative action provisions in s187 of the Data Protection Act (DPA) 2018. DCMS consultation As reported in my earlier post on the consultation, last Autumn, the D...

Mass claims in the data sphere: what will 2021 bring? While there is plenty of uncertainty on the horizon, one thing we can expect in 2021 is some big developments in relation to collective action claims for data law breaches. These mass claims from large groups of aggrieved individuals for breaches of their...

The Collapse of cryptography – considering the quantum threat to blockchain Is it possible for a blockchain solution to respect the fundamental principles of data protection and privacy? We have previously analysed this issue (see March of the Blocks) and concluded, generally speaking, yes. But does quantum change this? In our re...

Changes coming to NIS regime sanctions Changes to the NIS regime are one step closer as the Government publishes its response to its summer consultation The NIS regime aims to make the EU’s (and UK’s) essential services in sectors such as transport, energy and certain digital services more sec...

NIS rules: does your cloud provider need to notify post Brexit? The UK Government’s recent Brexit notice update regarding digital services, published on 16th October, reminds organisations that from 1 January 2021 changes are required to the way certain service providers operate in the UK and EU. Customers procuring r...