Brexit and its impact on international transfers of personal data

Miriam Everett, Head of the Data Protection and Privacy group at Herbert Smith Freehills, has been working with the LexisNexis Data Protection Intelligence Group to publish a paper on Brexit and international personal data transfers: Practical approaches for the private sector in a time of uncertainty. The paper explores how potential new international transfer restrictions (between … Read more

Japan Adequacy Decision Adopted by the EU Commission

On 23 January 2019, the EU Commission adopted a decision confirming the adequacy of Japanese data protection laws for the purpose of transferring personal data from the EU to Japan in compliance with the international data transfer restrictions set out in Chapter V of the GDPR. Read more

UK Government note clarifies “no deal” and data protection

The UK Government has published a “no deal” note to clarify how data protection law will work in the event that the UK leaves the EU without a deal. The note confirms that separate draft regulations and more detailed guidance will be published in the next few weeks but, in the meantime, it clarifies at … Read more

EDPB finally issues draft guidelines on GDPR extra-territoriality

On 23 November 2018, the European Data Protection Board (the “EDPB“) published its draft guidelines on Article 3 of the GDPR, being the provision that sets out the territorial scope of Europe’s data protection legislation. The guidelines are only in draft form and subject to consultation but they do go some way to clarifying key … Read more

General Data Protection Regulation: first enforcement notice shows extra-territorial reach

The UK data protection regulator, the Information Commissioner’s Office (ICO), has issued its first enforcement notice under the EU’s new strict data protection law, the General Data Protection Regulation (679/2016/EU) (GDPR). The notice is particularly noteworthy because it has been issued against a company located in Canada, which does not appear to have any presence … Read more

Data protection if there’s no Brexit deal

On 13 September 2018, the UK Government published a series of technical notes setting out the implications in various sectors and areas of a ‘no deal’ scenario (i.e. a scenario in which the UK leaves the EU without an agreement), including a note specifically covering data protection. The note sets out the actions UK organisations … Read more