Online advertisers face French data probe

Earlier this year, the French Competition Authority (“FCA“) published the results of its 2-year inquiry into the online advertising sector, identifying competition concerns in the sector. The inquiry concluded that two major global players hold “overwhelming” market power and generated almost 90% of the online advertising industry’s growth in 2017. The head of the FCA, … Read more

New Mirai based malware variants – BrickerBot and a Bitcoin miner

The Mirai malware gained its infamy in October 2016 following its record breaking attack on systems operated by domain name system provider Dyn, using unsecured Internet of Things (“IoT“) enabled “smart” devices (such as CCTV recorders, webcams and routers). It resulted in the widely reported outage of Twitter, Netflix, Spotify and Airbnb, amongst others. Mirai … 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

Brexit Withdrawal Agreement: Impact for data protection

Following a UK Cabinet meeting on 14 November 2018, the UK Government has announced support for the text of a draft Withdrawal Agreement and an outline of the Political Declaration on the Future Relationship agreed with EU negotiators. The Withdrawal Agreement sets out the arrangements for the UK’s withdrawal from the EU on 29 March … 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

Court of Appeal confirms Morrisons vicariously liable for employee’s deliberate actions in first successful UK class action for data breach

The Court of Appeal has today dismissed an appeal against the High Court’s decision that Morrisons was vicariously liable for its employee’s misuse of data, despite: (i) Morrisons having done as much as it reasonably could to prevent the misuse; and (ii) the employee’s intention being to cause reputational or financial damage to Morrisons itself: … 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