ENSURING COMPLIANCE WITH ELECTRONIC MARKETING RULES: A CLOSER LOOK AT SOFT OPT-IN CONSENT

The ICO’s recent decision to take enforcement action against a number of organisations (both in the form of investigations and regulatory fines) for sending unsolicited email and text based electronic marketing communications to individuals should serve to prompt organisations to take stock of the ways in which they promote their products and services using electronic … Read more

COVID-19: ICO publishes details of its regulatory approach during COVID-19 (UK)

The ICO has published details of its regulatory approach during the ongoing COVID-19 emergency; this is an approach which should reassure entities who are adapting to the economic and practical realities of operating in the current climate, as well as balancing their data protection obligations.  The UK regulator has continued to be reasonable and pragmatic, … Read more

COVID-19: SFC extends deadline for data storage compliance (Hong Kong)

The Hong Kong Securities and Futures Commission (SFC) has extended its deadline for licensed corporations to confirm compliance with its new data storage regulations, due to the COVID-19 outbreak. On 31 March 2020, the SFC granted a six-month extension to the implementation deadline for aspects of its 31 October 2019 circular on the use of external electronic data storage … Read more

GDPR fine in Poland gives important insight into the requirements of Article 14

Last week the Personal Data Protection Office (“UODO“) in Poland issued a €220,000 fine to a digital marketing company for breaching its obligations under Article 14 of the GDPR (i.e. to provide a privacy notice to individuals). The decision has some important practical implications for organisations, including that: the collection of publicly-available information from the … Read more

EDPB publishes opinion on the interplay between GDPR and ePrivacy

The European Data Protection Board (the “EDPB“) has published its opinion on the interplay between the GDPR and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (the “ePrivacy Directive“). The opinion confirms that … Read more