Phil Bradley-Schmieg

Phil Bradley-Schmieg

Philippe Bradley-Schmieg’s practice covers a range of commercial, regulatory and intellectual property matters affecting the IT, e-health, internet media and telecoms sectors, often with a multi-jurisdictional scope.  He advises on intellectual property, compliance and policy matters such as online consumer rights, liability for third party content, patent, copyright and database right licensing, privacy and data protection, medical confidentiality, cybersecurity, data breach responses, and law enforcement data disclosure.  Mr. Bradley-Schmieg advises on UK, EU and international law, and has worked in London and Brussels.

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UK Company Fined For Buying And Selling Non-Compliant Marketing Databases

The UK Information Commissioner’s Office (ICO), which enforces data protection legislation in the UK, has fined a company £20,000 (approximately 24,000 USD / 23,000 EUR) for not exercising sufficient due diligence when buying and using marketing databases. The ICO found that over 580,000 individuals’ contact details had been obtained by The Data Supply Company Ltd … Continue Reading

European Commission Dismisses Privacy Shield Concerns Over Trump Executive Order

On January 25, 2017, President Trump signed a new Executive Order on Enhancing Public Safety in the Interior of the U.S.  Among other elements, the Executive Order directs U.S. government agencies to “ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy … Continue Reading

CJEU Confirms That National Data Retention Laws May Only Be Adopted Where “Strictly Necessary”

By Joseph Jones, Phil Bradley-Schmieg and Gemma Nash On December 21, 2016 the Court of Justice of European Union (“CJEU”) issued its judgment in Joined Cases C-203/15 and C-698/15, Tele2 /Watson. The decision considered the legality of UK and Swedish laws permitting the generalized retention of communications metadata (for 6-12 months) for the purposes of … Continue Reading

New EU GDPR Guidance: Data Portability, Data Protection Officers, and the One Stop Shop

The Article 29 Working Party (“WP29”) – the representatives of national data protection regulators in the EU – has issued new guidance on three important aspects of the new General Data Protection Regulation (“GDPR”), which comes into force in May 2018. This first salvo of GDPR-focused guidance concerns: the new “Right to Data Portability”, an … Continue Reading

UK Telco Loses Appeal; Should Have Reported Data Breach Within 24 Hours Of Customer Complaint, Not Fuller Investigation

By Phil Bradley-Schmieg and Gemma Nash On August 30, 2016, a major UK telecoms company (TalkTalk) lost its appeal against a fine imposed on it for failing to report a personal data breach to the UK national data protection authority (the Information Commissioner) within 24 hours of its receipt of a customer’s complaint. Commission Regulation … Continue Reading

UK Government Considering New Patient Data Security and Research Consent Standards, Sanctions

A new post on the Covington eHealth blog reports that the UK government is running a consultation around NHS patient data security standards and a new legal framework for secondary uses (e.g. research) of patient data.  To find out more about the proposals and the consultation, please click here.… Continue Reading

Privacy Shield Deal Passes Major EU Hurdle

On July 8, 2016, the draft EU-U.S. Privacy Shield adequacy decision was formally approved by the so-called “Article 31 Committee” of EU Member States (see press release, here). That approval opens the door for the College of EU Commissioners to approve the Privacy Shield on Monday (July 11).  Once translated and published in the Official … Continue Reading

EU Passes Sweeping New Privacy and Data Security Laws

As forecast in our latest blog on the topic (available here), the European Parliament today voted into law a new General Data Protection Regulation (“GDPR”) that will replace the EU’s all-encompassing Data Protection Directive as of mid-2018. Today’s vote brings to a close a legislative process that has lasted nearly five years; the law’s official publication, which should be … Continue Reading

EU Poised to Formally Adopt New Data Protection Laws; Amended Texts Published

By Phil Bradley-Schmieg and Vera Coughlan.  This post has been updated to include links to the final texts and comparisons with preceding drafts. After three months of legal-linguistic checks and translations, the EU is poised to formally adopt the new EU General Data Protection Regulation (GDPR) and its sister law, the EU Policing and Criminal Justice … Continue Reading

Agreement Reached on New EU-U.S. Safe Harbor: the EU-U.S. Privacy Shield

By Dan Cooper, Phil Bradley-Schmieg and Joseph Jones Today (February 2nd, 2016), the European Commission and U.S. Government reached political agreement on the new framework for transatlantic data flows.  The new framework – the EU-U.S. Privacy Shield – succeeds the EU-U.S. Safe Harbor framework (for more on the Court of Justice of the European Union … Continue Reading

EU Parliament Policy Report Takes Dim View of EU Commission’s “Pro-Market” Policies on Big Data and Smart Devices

A European Parliament policy department has released a report, entitled Big Data and Smart Devices and Their Impact on Privacy, that criticizes the lack of focus on privacy and data protection in the European Commission’s “Digital Single Market” policy agenda, noting a “conflicting” intersection between the Commission’s Digital Single Market objectives and the EU’s efforts, … Continue Reading

UK Government Launches Cybersecurity Service For Healthcare Organizations

The UK government has announced a new national service providing expert cybersecurity advice to entities within the National Health Service (NHS) and the UK’s broader healthcare system.  The project, called CareCERT (Care Computing Emergency Response Team), is aiming for a full go-live in January 2016. … Continue Reading

UK Supreme Court Will Hear Google’s Appeal in Important Privacy Case

The UK Supreme Court has granted Google the right to appeal part of the English and Welsh Court of Appeal’s notable ruling in Google Inc. v. Vidal-Hall & Ors [2015] EWCA Civ 311. Our previous blog highlighted the facts of the case (brought by Internet users against Google’s ad-tracking practices) and the significant consequences of … Continue Reading

Progress on EU GDPR Reform: International Aspects Debated

A second round of “trilogue” negotiation on the EU General Data Protection Regulation (GDPR), on July 14th, has addressed the law’s territorial scope and rules relating to international data transfers (Articles 3 and Chapter 5, respectively). Although no agreed text has been released, public comments made by Jan Philipp Albrecht, the European Parliament’s lead negotiator … Continue Reading

Council Agrees Common Approach on EU General Data Protection Regulation – Negotiations With Parliament and Commission on Final Text To Begin Imminently

In today’s Justice and Home Affairs (“JHA”) Council meeting (see here), the Council of Ministers of the EU agreed the Council’s long-awaited common approach on a revised text of the proposed General Data Protection Regulation (“GDPR”). The Presidency of the Council of the EU had published a compromise text for approval by the JHA Council … Continue Reading

U.S. and EU Miss Target for Safe Harbor Renegotiation, But Remain Optimistic

The U.S. and EU’s negotiators on the EU-U.S. Safe Harbor data transfer program have missed an end of May target date for reaching an agreement on amendments to the program. They nevertheless publicly reaffirmed their commitment to reaching an agreement on the Safe Harbor program, and on an “Umbrella Agreement” that would protect personal data … Continue Reading

May 2015 EU mHealth Round-Up

May 2015 saw a number of developments in the EU mHealth sector worthy of a brief mention.  The European Commission announced that it would work on new guidance for mHealth apps, despite the European Data Protection Supervisor and British Standards Institution publishing their own just weeks earlier.  In parallel, the French data protection authority announced … Continue Reading

European Commission Targets May 28th for Conclusion of Safe Harbor Negotiations

Věra Jourová, the European Commissioner for Justice overseeing negotiations with the U.S. Department of Commerce over the future of the EU-U.S. Safe Harbor scheme, has reiterated the May 28th target date for near-completion of the negotiations (previously covered on InsidePrivacy here and here).  Her hope is that an agreement in principle can be found at … Continue Reading

Summary Report of European Commission’s mHealth Consultation Published

The European Commission has finally published its summary of 211 responses to its mobile health (“mHealth”) consultation.  The summary and original responses to the consultation have been made available on the Commission’s website at https://ec.europa.eu/digital-agenda/en/news/summary-report-public-consultation-green-paper-mobile-health The consultation covered a broad range of important issues for mHealth, including legal frameworks, privacy and data protection, patient safety, … Continue Reading
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