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The new EU standard contractual clauses (New EU SCCs) came into force on 27 September 2021 for the transfer of personal data from the EEA to third countries under the EU General Data Protection Regulation (EU 2016/679) (GDPR). The European Commission Implementing Decisions ((2001/497/EC) and (2010/87/EU)) which incorporated the previous standard contractual clauses (Old EU SCCs), were repealed on that day. Read more
In its judgment this morning the Supreme Court has overturned the Court of Appeal's decision in the high profile Lloyd v Google case, which would have opened the floodgates for class actions for compensation for loss of control of personal data to be brought on behalf of very large numbers of individuals without identifying class members: Lloyd v Google LLC [2021] UKSC 50. Read more
The European Commission has proposed a legal framework on AI to ensure that EU citizens can trust AI. It is essential reading for all business using or contemplating the use of AI systems. Read more
Herbert Smith Freehills and the Federation Against Software Theft are delighted to invite you to our joint webinar on Wednesday 20 January 2021, where expert speakers from Herbert Smith Freehills will provide insights into the following topical issues: Ransomware: Ransomware attacks are on the increase and the impact in terms of disruption and damage to reputation … Read more
Summary The ICO has fined Marriott Inc (“Marriott”) £18.4 million in relation to a 2014 cyber-attack on Starwood Hotels. The ICO had previously issued a notice of its intention to fine Marriott £99.2 million. The Penalty Notice does not explain the reasons why the final fine is considerably lower than this amount. Following the ICO’s … Read more
The ICO has fined British Airways £20 million for breach of the GDPR in relation to its 2018 data breach. This is a significant reduction in the original proposed fine of £183 million. In the monetary penalty notice issued to British Airways, the ICO has confirmed that the reduction of almost 90% was only … Read more
Financial Services Regulators are expecting firms to prevent, respond to, recover and learn from operational disruption. As Christine Lagarde, President of the European Central Bank, has warned, a combined cyber attack on important banks could trigger financial instability. Read more
Today the Supreme Court handed down its decision in Wm Morrisons Supermarkets Plc v Various Claimants [2020] UKSC 12, bringing to its conclusion a case which had the potential to alter significantly the data protection and cyber security litigation and class action landscape. The headline news is that Morrisons has been found not to be vicariously liable for the … Read more
The Cyber Security Breaches Survey (“CSBS”) is an annual study of UK businesses and charities that began in 2015. The latest CSBS was conducted during the winter of 2019/2020 and the results published on 25 March 2020. The CSBS influences how the government shapes future policy, allows organisations to compare their cyber security with others … Read more
