Key takeaways The European Union Commission released its long awaited proposed regulation of artificial intelligence on 21 April 2021 (see press release here), which sets out a risk-based approach to regulation designed to increase trust in the technology and ensure the safety of people and businesses above all. The regulation has extra-territorial scope meaning that … Read more

Happy International Data Privacy Day! And what better day than today, to explore what 2021 is likely to have in store for data and privacy? Almost three years after the EU General Data Protection Regulation (GDPR) came into force, and now 28 days since the UK GDPR replaced it in the UK following Brexit, data … Read more

As most in the data community are aware, the EU-UK Trade and Cooperation Agreement (the “Brexit Deal”) was agreed on Christmas Eve and provides for an interim period (up to a maximum of six months ending on 30 June 2021) whereby data transfers from Europe to the UK will not be treated as transfers to … Read more

Hot on the heels of the EDPB’s guidance on ‘supplementary measures’ with respect to international data transfers as a result of the Schrems II judgment (for further details see our blog post here), the European Commission has now published its long-awaited draft new Standard Contractual Clauses (the “New SCCs”) for consultation. Legal Background Chapter V … Read more

The Schrems II judgment from the Court of Justice of the European Union (read our blog post here) raised the bar for transfers of personal data to third countries by making clear that where Standard Contractual Clauses (“SCCs”) are being used, a level of due diligence needs to take place before any transfer can be … Read more

A recent CJEU judgment has found bulk data retention laws in the UK, France and Belgium to be incompatible with EU law. The judgment could have a negative impact on the UK’s efforts to obtain an adequacy decision from the EU Commission before the end of the year to enable to free flow of personal … 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 partially … Read more

The Baden-Württemberg data protection authority (“LfDI”) has issued guidance to controllers and processors following the Schrems II judgement.  The guidance includes helpful, practical tips which entities can take with respect to their current and future international transfers. Whilst aimed primarily at organisations subject to the jurisdiction of the LfDI, the guidance may be helpful for … Read more