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The ability to use data effectively is often business-critical and a valuable asset adding real benefit to your operations and ultimately your success as a business. Data assists you in making informed business decisions and the determination of strategic direction as well as product and service development.
However the regulatory landscape is complex and increasingly shaped by EU-wide and international legislation and protocols, combined with increasing public concern and scrutiny regarding the security of personal information and the ways in which it is used. The costs and risks of mismanaging data are high; with high fines, reputational issues and even criminal penalties should things go wrong.
We also have extensive experience advising on privacy issues associated with behavioral advertising and location information, browser-generated information and device recognition technologies. We act for global data companies in respect of privacy implications of their day-to-day operations and development of new technology.
Commercial and data protection law update - hear from Richard Nicholas
Our legal experts continue to post regular updates on the latest developments, focusing on practical steps to take now and potential areas of future risk.
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The Freedom of Information Act 2000 (‘FOIA’) allows members of the public to request information from public bodies. As guidance issued by the Information Commissioner explains, the main principle behind FOIA is that people have a right to know about the activities of public authorities, unless there is a good reason for them not to.
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As part of our regular updates for in-house lawyers, Richard takes a look at what has changed in data protection law over the last six months
Although there is uncertainty about what arrangements will apply when the UK leaves the EU, there are a number of practical steps that can be taken now to prepare from a data protection perspective and to ensure that any data flows to and from the EU can continue post Brexit.
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Following a dispute over a right of way, the parties’ solicitors agreed in an exchange of emails (constituting a single email chain) to compromise the dispute by the defendant (R) transferring to the claimants (N) a small piece of land adjacent to Lake Windermere.
Great service and lovely people. Never made to feel that I should know something when I don't!
They have excellent visibility in the market, with useful contacts and vast experience of working within our sector. They have also responded quickly to every request we have made.
They did an excellent job. They were always available, responsive, pragmatic and easy to work with.
A firm that values customer service and is willing to try new avenues for growth
Advising a global professional services provider on the launch an e-commerce website providing an online platform through which clients can order tailored research reports. We drafted a suite of contractual documentation for use on the site including website terms of use, terms and conditions of sale relating to the sale of reports, cookies policy, privacy policy as well as advice on data protection and privacy issues.
Advising a major insurance provider in relation to: (i) an audit of its existing affinity partnership agreements and associated marketing arrangements and (ii) developing a new form of affinity partnership agreement and in house practices to demonstrate enhanced compliance with data protection and regulatory requirements.
Advising a national public body on its policy in dealing with FOI requests. The client received confidential information alleging the misuse of public money and was concerned to ensure it was able to keep the identity of those providing such information confidential.
Advising a Premier League football club on exploitation and transfer of supporter and customer data. The jurisdictions included the UK, Malaysia, Singapore and Russia.
Advising a public sector body following a cyber-attack on its online portal. We worked with the client and external specialists to contain the breach, recover the data and investigate the causes. We advised the client on its obligations and liabilities under data privacy laws and PCI-DSS.
Advising a UK charity on remedial action following adverse findings by the Information Commissioner following a data security breach. We assisted the charity in addressing immediate and critical areas of non-compliance as well as advising on strengthening resilience in relation to information governance in the medium to long term.
Advising a large airline in the UK on practical legal solutions to permit the integration of its loyalty scheme with that of its merger partner.
Advising a UK postal courier and company on the impact of various iterations of the GDPR on its current operations and its data strategy.
Drafting a practical guide to the GDPR and its implications to the advertising industry for the Institute of Practitioners in Advertising for distribution to its membership.
Ensuring DPA compliance when our client’s auditors raised concerns over their compliance with all the provisions of the Data Protection Act 1998.
Reviewing an international consulting business’ compliance with data privacy laws in Canada, UK, Germany, India, the Dubai International Finance Centre and the United Arab Emirates. Following the review, developing a global privacy policy.
Undertaking a global data privacy compliance audit for an international consulting business headquartered in the US, with employees in 40 countries and operations in over 100 countries - working to understand its data flows, data maps and international data transfers.
Working closely with a client who Advising a leading international luxury retail brand on the data protection aspects of the creation and roll out of a paper and electronic customer information card which will be used worldwide and is designed to capture shoppers’ personal data.
Working closely with a client who is developing its advertising and marketing practices and building greater knowledge of the implications of recent Article 29 Working Party opinions on device fingerprinting.
Working with start-ups on new data driven products including crypto currencies.
Last month, the Information Commissioner’s Office (ICO) announced notice of its intention to fine (NOI) Marriott International, Inc. £99m for infringements of the GDPR.
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The Hiscox Cyber Readiness report, a review of 3300 organisations, will be a stark warning for CEO’s of SME’s in the UK and in Europe.
In Rogerson v Bolsover District Council (2019) the Court of Appeal found against a local authority landlord pursuant to the Defective Premises Act 1972 following a finding of an inadequate inspection regime.
On 23 January 2019, the European Commission and the Personal Information Commission of Japan, concluded a two-year-long dialogue and the adoption of the decisions recognising each other’s personal data protection systems as ‘equivalent’.
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Follow our data privacy and cyber-security showcase page for useful resources and information relating to data privacy.