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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
Singapore has recognised regional certification for transferring personal data overseas and Singapore data privacy laws will have more teeth after proposed reform. Read more
Alongside, and perhaps in the shadow of, the European Commission publishing its long-awaited draft new Standard Contractual Clauses (the “New SCCs”) to address the restrictions imposed by the GDPR in relation to making international transfers of personal data (for further details see our blog post here), the European Commission has also published a set of … 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
Summary The ICO (the UK privacy regulator) has updated its guidance on data subject access rights, and the revised guidance appears to be aimed at giving organisations practical advice on managing and responding to subject access requests by including further detail and examples. Although the revised guidance has not changed dramatically, it is fair to … Read more
The Information Commissioner’s Office in the UK (the “ICO”) has published for consultation its draft statutory guidance setting out how it will regulate and enforce data protection legislation in the UK. The document explains all of the ICO’s key powers (including information notices, assessment notices, enforcement notices and penalty notices). Perhaps most interestingly for organisations, … Read more
More than two years after the GDPR came into force, the European Data Protection Board (the “EDPB”) finally published its long-awaited draft guidelines on the concepts of controller and processor on 7 September 2020. Prior to this date, UK organisations only had the relatively limited guidance set out on the ICO website and the old … Read more
The Hamburg data protection regulator in Germany has issued a fine of €35.3 million against retail firm H&M for breaches of the GDPR relating to the excessive and unlawful collection of employee data. Interestingly, although the fine is the highest yet levied by a German regulator, it did not relate to a data security breach, … 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