Earlier this year, in the run-up to the General Data Protection Regulation’s (“GDPR”) May 25, 2018 date of application, a major question for stakeholders was how zealously the GDPR would be enforced. Now, as the GDPR approaches its six-month birthday, an answer to that question is rapidly emerging. Enforcement appears to be ramping up significantly. … Continue Reading
By Grace Kim and Siobhan Kahmann Following an informal consultation earlier this year – as covered by our previous IoT Update here – the UK’s Department for Digital, Culture, Media and Sport (“DCMS”) published the final version of its Code of Practice for Consumer IoT Security (“Code”) on October 14, 2018. This was developed by … Continue Reading
By Grace Kim and Ezra Steinhardt On September 13, 2018, the UK government published a series of technical notices on how to prepare for a scenario in which the UK leaves the EU without agreement on March 29, 2019 (“no-deal Brexit”). The government stressed that a no-deal Brexit “remains unlikely given the mutual interests of … Continue Reading
Having received Royal Assent on May 23, 2018, the UK Data Protection Bill is now an Act of Parliament. The Data Protection Act 2018 (the “Act”) implements the General Data Protection Regulation (“GDPR”) and replaces the UK Data Protection Act 1998. Notable provisions that make use of the ability of Member States to implement different … Continue Reading
As we summarized last fall, the EU Commission published a new Cybersecurity Communication in September that, among other things, sets out proposals for an EU cybersecurity certification framework as part of an EU “Cybersecurity Act” (see our post here and a more detailed summary here). Just before the holidays, on December 20, 2017, the UK Government published a consultation on these proposals, which the … Continue Reading
On September 13, 2017, the UK Government published a new Data Protection Bill regulating the use of individuals’ personal data. The Bill, which is intended to replace the UK Data Protection Act 1998, would serve a range of functions, most notably setting out how the UK intends to make use of its leeway to derogate … Continue Reading
Earlier this month, the UK Government published a consultation on plans to implement the EU Directive on security of network and information systems (the “NIS Directive”, otherwise known as the Cybersecurity Directive). The consultation includes a proposal to fine firms that fail to implement “appropriate and proportionate security measures” up to EUR 20 million or … Continue Reading
As we approach the May 2018 effective date of the EU General Data Protection Regulation (“GDPR”), there have been a number of global developments over the last few months with respect to the so-called “right to be forgotten,” which will be codified under Article 17 of the GDPR. European Developments In the EU, we previously … Continue Reading
On Thursday, April 20th, the UK government launched a “Call for Views” regarding the UK’s options for the implementation of the new EU General Data Protection Regulation (GDPR) at national level. The consultation deadline is May 10th, at mid-day UK time. Although the GDPR was an effort to bring greater harmonization to data protection regimes … Continue Reading
By Dan Cooper and Rosie Klement On April 2, 2017, the Information Commissioner’s Office (“ICO”) released a consultation paper for UK organizations to comment on how the new profiling provisions under the General Data Protection Regulation (“GDPR”) could be interpreted and applied when the GDPR comes into force in May 2018. The public consultation on … Continue Reading
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
By Dan Cooper and Rosie Klement On March 2, 2017, the Information Commissioner’s Office (“ICO”) released draft guidance for UK organizations on how the notion of consent will be interpreted and applied when the General Data Protection Regulation (“GDPR”) comes into force in May 2018. The ICO is currently engaging in a public consultation on … Continue Reading
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
The UK’s data protection regulator, the Information Commissioner’s Office (“ICO”), has imposed a fine of £350,000 on Prodial Ltd (“Prodial”) for making over 46 million unsolicited automated telephone calls to generate leads in relation to payment protection insurance refunds. This is the highest fine issued by the ICO to date.… Continue Reading
Industry eagerly awaits further guidance from data protection authorities (“DPAs”) relating to the EU-U.S. Privacy Shield as well as on the validity (or otherwise) of other mechanisms for transfers to the U.S. such as standard contractual clauses (“SCCs”) and binding corporate rules (“BCRs”). As we explained in recent posts (here and here), publication of an … Continue Reading
The UK Information Commissioner’s Officer (“ICO”) has issued its largest fine to date in connection with using an automated calling system to make direct marketing calls. The ICO found that Home Energy & Lifestyle Management Ltd (“HELM”), a green energy company that made millions of automated marketing calls in relation to “free” solar panels, recklessly … Continue Reading
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
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
Dan Cooper and Phil Bradley-Schmieg On March 27, 2015, the England and Wales Court of Appeal (EWCA) handed down a historic judgment in Google Inc v. Vidal-Hall & Ors [2015] EWCA Civ 311, with significant consequences for organizations handling personal data in, or from, the UK. This case was brought against Google Inc. by three … Continue Reading
Please note that this event, originally scheduled for December 10, is being rescheduled for February 2015 – date TBC Covington’s London office will be hosting a breakfast seminar for clients on ‘Mitigating Information Loss in the Healthcare Industry: the Insider Threat’ with The Chertoff Group.… Continue Reading
By Phil Bradley-Schmieg The UK Information Commissioner’s Office (ICO) has launched an informal survey of current practices relating to the use of data-enabled medical devices and apps. The short and anonymous survey explores whether organisations have put in place specific policies and procedures, asset registers, IT security requirements for medical device procurement policies, information governance … Continue Reading
By Tom Jackson and Phil Bradley-Schmieg A cross-party group of UK Members of Parliament (“MPs”) is seeking to amend the UK’s ‘freedom of information’ regime under the Freedom of Information Act 2000 (“FOIA”) to also cover current and prospective private sector suppliers to the National Health Service (“NHS”) in England and Wales. The Freedom of … Continue Reading
In light of growing concerns over cybersecurity and evolving technology and operational practices, Ofcom (the independent regulator and competition authority for the UK communications industries) is seeking views on whether its existing guidance on network security should be revised. Interested parties have until 21 February 2014 to respond. Depending on the responses received, Ofcom intends … Continue Reading
Only a few days after the leading parliamentary committee waved through the proposed amendments to the European Commission’s legislative proposal for a General Data Protection Regulation (see here and here), the EU Member States’ governments have decided to postpone the adoption of the Regulation to 2015. Germany and the UK, in particular, supported the delay, albeit … Continue Reading
