Extra-territoriality

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 … Continue reading

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Filed under Brexit, Contractual clauses, Data Protection, Extra-territoriality, GDPR, Guidance

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 … Continue reading

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Filed under Data Protection, Extra-territoriality, Guidance

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 … Continue reading

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Filed under Enforcement, Extra-territoriality, GDPR

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), … Continue reading

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Filed under Brexit, Contractual clauses, Data Protection, Extra-territoriality, GDPR, Guidance

New reciprocal adequacy decision allows free flow of personal data between Japan and the EEA

On 17 July 2018, the EU Commission (“Commission”) and Japan concluded the negotiations on a reciprocal finding of an adequate level of data protection by both sides. Under the General Data Protection Regulation (“GDPR”) which became effective across Europe on … Continue reading

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Filed under Brexit, Data Protection, Data subject rights, Extra-territoriality, GDPR

Compliant or not: the GDPR is here

The GDPR came into force on 25 May 2018 and brought with it additional rights for individuals and additional obligations for organisations. It also extends its reach beyond European borders and applies not just to companies within the EEA but … Continue reading

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Filed under Cyber Security, Data breach, Data Protection, Extra-territoriality, GDPR, Guidance

Extending the long arm of the law – Extra-territoriality and the GDPR

We are living in an increasingly inter-connected digital society where the services of many organisations are global in nature, and yet internet activities are still being tackled by national laws and regulations. The online world does not respect physical or … Continue reading

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Filed under Data Protection, Extra-territoriality, GDPR

UK Government Position Paper on International Transfers of Data – Key Points

The post below was first published on our Employment blog Last week the UK Government released its negotiating position paper on international transfers of personal data within the EEA (The Exchange and Protection of Personal Data). Once the UK leaves … Continue reading

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Filed under Brexit, Cyber Security, Data Protection, Data subject rights, Disclosures, Extra-territoriality, GDPR

EU-US Privacy Shield first annual review announced following a challenging introduction

On 12 July 2016, the European Commission adopted an “adequacy decision” allowing for the transatlantic transfer of personal data from the EU to the US in accordance with the framework and principles of the EU-US Privacy Shield (the “Privacy Shield“). … Continue reading

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Filed under Brexit, Data Protection, Extra-territoriality