On July 10, 2023, the European Commission adopted its adequacy decision on the EU-U.S. Data Privacy Framework (“DPF”). The decision, which took effect on the day of its adoption, concludes that the United States ensures an adequate level of protection for personal data transferred from the EEA to companies certified to the DPF. This blog post summarizes the key findings of the decision, what organizations wishing to certify to the DPF need to do and the process for certifying, as well as the impact on other transfer mechanisms such as the standard contractual clauses (“SCCs”), and on transfers from the UK and Switzerland.Continue Reading European Commission Adopts Adequacy Decision on the EU-U.S. Data Privacy Framework
UK Government Adopts a “Pro-Innovation” Approach to AI Regulation
On 29 March 2023, the UK Government published a White Paper entitled “A pro-innovation approach to AI regulation” (“White Paper”). The White Paper elaborates on the approach to AI set out by the Government in its 2022 AI Governance and Regulation Policy Statement (“Policy Statement” – covered in our blog post here). This announcement comes following the Government’s commitments, in the Spring Budget 2023, to build an expert taskforce to develop the UK’s capabilities in AI foundation models and produce guidance on the relationship between intellectual property law and generative AI (for more details of these initiatives, see here).
In its White Paper, the UK Government confirms that, unlike the EU, it does not plan to adopt new legislation to regulate AI, nor will it create a new regulator for AI (for further details on the EU’s proposed AI regulation see our blog posts here and here). Instead, the UK would require existing regulators, including the UK Information Commissioner’s Office (“ICO”), to take responsibility for the establishment, promotion, and oversight of responsible AI in their respective sectors. Regulators’ activities would be reinforced by the establishment of new support and oversight functions within central Government. This approach is already beginning to play out in certain regulated areas in the UK. For example, in October 2022, the Bank of England and Financial Conduct Authority (“FCA”) jointly released a Discussion Paper on Artificial Intelligence and Machine Learning considering how AI in financial services should be regulated and, in March 2023, the ICO updated its Guidance on AI and Data Protection. Continue Reading UK Government Adopts a “Pro-Innovation” Approach to AI Regulation
A Cautious Approach: the UK Government’s Data Protection and Digital Information Bill
On 18 July 2022, following its recent response to the public consultation on the reform of UK data protection law (see our blog post on the response here), the UK Government introduced its draft Data Protection and Digital Information Bill (the “Bill”) to the House of Commons.
The Bill is 192 pages, and contains 113 sections and 13 Schedules, which amend and sit alongside existing law (the UK GDPR, Data Protection Act 2018 (“DPA”), Privacy and Electronic Communications Regulations 2003 (“PECR”), the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019, etc.). Some readers’ immediate reaction might be to query whether the Bill will simplify the legislative framework for businesses operating in the UK and facilitate the goal of the Information Commissioner to provide “certainty” for businesses. Time will tell. The Government’s publication of a Keeling Schedule (essentially a redline of the UK GDPR and DPA 2018 showing the changes resulting from the Bill), expected in the Autumn, will be welcome.
Much of the content of the Bill was previewed in the Government’s consultation response and include proposed changes that are designed to try to reduce the administrative burden on business to some extent. The Bill is by no means a radical departure from existing law, however, and in some key areas – such as data transfers – the law will essentially remain the same. But we now have additional important details on proposed changes to UK data protection law, and we set out in this post our immediate thoughts on some details that are worth highlighting.Continue Reading A Cautious Approach: the UK Government’s Data Protection and Digital Information Bill
8 Eye-catching Reforms in the UK Government’s Response to its Public Consultation on Data Protection Law
The UK Government recently published its long-awaited response to its data reform consultation, ‘Data: A new direction’ (see our post on the consultation, here).
As many readers are aware, following Brexit, the UK Government has to walk a fine line between trying to reduce the compliance burden on organizations and retaining the ‘adequacy’ status that the European Commission granted in 2021 (see our post on the decision, here).
While we’ll have to wait to review the detail of the final legislation, we outline below some of the more eye-catching proposals for reform.Continue Reading 8 Eye-catching Reforms in the UK Government’s Response to its Public Consultation on Data Protection Law
EDPB Adopts Finalized Recommendations on Supplemental Transfer Tools to Ensure GDPR-Compliant Data Transfers
On June 21, 2021, the European Data Protection Board (“EDPB”) published its finalized recommendations on measures that supplement transfer tools to ensure compliance with the General Data Protection Regulation (“GDPR”), where organizations transfer personal data from the European Economic Area (“EEA“) to a country outside the EEA (“third country”) (see here). While the final version retains much of the language of the draft version released in November 2020 (see here), it includes several notable updates.
Continue Reading EDPB Adopts Finalized Recommendations on Supplemental Transfer Tools to Ensure GDPR-Compliant Data Transfers