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EU Court declares 'Safe Harbor' data-transfer agreement invalid
The Court of Justice of the European (CJEU) has declared that the "Safe Harbor" framework agreement cannot be relied upon to justify transfers of personal data from the EU to the US.
Read moreDo you know you're being tracked?
Do you own a smart phone? Do you always have WiFi enabled? If your answers to both these questions are yes, your movements were most probably tracked on your way into work today.
Read moreEU Consultation on standards for a Digital Single Market
On 23 September 2015, the European Commission launched a public consultation on information and communications technology ("ICT") standards for creation of a Digital Single Market.
Read moreUpdate: IT Suppliers beware! Your right to terminate on a customer insolvency is changing…
In September 2013 we reported on the Enterprise and Regulatory Reform Act 2013 which provided the Government with the power to extend the law regarding the supply of essential services to insolvent customers.
Read moreArticle 29 Working Party keeps up the pressure on data reform discussions
The EU data protection reform package has entered its decisive phase. The first trilogue between the European Parliament, the European Commission and the Council of Ministers began on 24 June 2015 but, even at this late stage, there are many key concepts still to be finalised.
Read moreTransparency by design – putting FOIA at the forefront of public sector outsourcing contracts
Earlier this year, the Information Commissioner's Office (ICO) published a guidance document recommending some steps for public authorities (Authorities) to take when entering into outsourcing arrangements to help them comply with their freedom of information obligations.
Read moreTechnology and cyber risk update
Drones – issues for casualty insurers
Read moreDigital content under the new Consumer Rights Act
The Consumer Rights Act 2015 (CRA) comes into force on 1 October 2015. It will reform consumer law in the UK, in particular by setting up new consumer rights and remedies in respect of digital content.
Read moreUK cyber security: insure against 'rapid, highly damaging and public' threats
Cyber attacks present a daily threat to UK businesses and have become more destructive in recent years with data breaches and hacks frequently making front page news.
Read moreCourt of Appeal opens the door to 'distress-only' data breach claims where no financial loss
In an important ruling, the Court of Appeal confirms that misuse of private information is a tort and rules on the meaning of "damage" under s13 of the Data Protection Act ("the DPA"), allowing claimants to recover compensation for "distress" resulting from a breach of the Act without also having to prove pecuniary losses.
Read moreSupreme Court clarifies the limits on contractual discretion
A recent decision of the Supreme Court1 has confirmed that the limits on contractual discretion include a requirement to take relevant issues into account and that the discretion is not exercised irrationally.
Read moreCMA call for information on use of online reviews
Online reviews: love them or hate them, there is no escape. Products, services, large multinationals, SMEs, online or offline, almost everyone is being judged these days.
Read moreICO fines online travel insurer £175,000 for failing to keep customers’ personal information secure
The Information Commissioners Office (the “ICO”) has fined Staysure.co.uk Limited (“Staysure”), an online travel insurance company, £175,000 for its failure to comply with the seventh data protection principle, after IT security failings allowed hackers to access up to 100,000 customer financial records.
Read moreNew powers to audit NHS authorities' data protection compliance
From 1 February 2015, the ICO will be able to subject public healthcare organisations to compulsory audits of their data protection compliance under section 41A of the Data Protection Act 1998.
Read moreNew UK Procurement Rules Published for Consultation
Draft new Public Contracts Regulations 2015 and a Consultation Document on UK Transposition of the new EU Procurement Directives have recently been published by the Cabinet Office. This paves the way for the 2014 Directives to be implemented in the UK early next year.
Read moreFCA COMPLETES THEMATIC REVIEW OF MOBILE BANKING AND PAYMENTS
The Financial Conduct Authority (FCA) has recently published its findings following its thematic review of mobile banking and payments.
Read moreEU Consultation on Cloud Computing and Software
The EU has opened a public consultation to help define future research priorities in the areas of Cloud Computing and Software (including Open Source). Any and all stakeholders are invited to submit their views by 10 October 2014.
Read moreICO Processor fine – the ICO's approach to assessing technical standards and its impact
The ICO recently confirmed its provisional decision to fine Advanced Computer Software Group £6.09 million following a data breach that it suffered in 2022.
Read moreCyber_Bytes Issue 66
Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.
Read morePart 4 – AI Regulation in Asia
This is Part 4 of 'Regulation of AI – raising the trillion dollar bAIby'
Read moreOfcom and ICO to collaborate on Online Safety and Data Protection
How are the data protection and broadcasting regulators collaborating to regulate online services from a safety and privacy perspective, and what does this mean for businesses and services regulated by both bodies?
Read moreNew development: DPDI Bill fails to become law
The Data Protection and Digital Information Bill (DPDIB), the proposal for post-Brexit data protection laws in the UK, did not pass through Parliament before its dissolution on 24 May 2024 ahead of the general election on 4 July 2024. This means that the DPDIB has failed to become law and any proposals for data reform in the UK will largely need to start afresh in the new Parliament.
Read moreICO forces Serco Leisure to stop using facial recognition technology for employees
In what circumstances can facial recognition technology (FRT) be acceptable to monitor employees in the workplace?
Read moreThe ICO’s strategic approach to regulating AI
How can the ICO’s recently published AI strategy paper help businesses navigate the evolving AI regulatory landscape, particularly in respect of data protection principles?
Read moreICO publishes guidance on content moderation
What steps should businesses operating content moderation systems in the UK be taking to comply with new guidance published by the UK’s Information Commissioner (ICO)?
Read more“Consent or pay” models under scrutiny in UK and EU
Are “consent or pay” business models compliant with data protection law?
Read moreDORA Watch – June and July 2024
As financial entities and ICT service providers undergo the final stages of implementation of the Digital Operational Resilience Act (DORA) requirements into their systems and processes, it is imperative to understand the legal developments and ongoing updates arising from EU Member States as they go through their respective transposition and alignment processes. Through TerraLex - our global legal network, which provides us with access to 22,000 lawyers from highly regarded and carefully vetted law firms stretching more than 120 countries – we have collated legal updates focusing on DORA and its implications in EU jurisdictions.
Read moreCyber_Bytes Issue 65
Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.
Read moreData dispatch - July 2024
Welcome to the fifth edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a regular basis with an easy-to-digest summary of key developments in data protection law.
Read more2024 Amendments to the Cybersecurity Act 2018
The Cybersecurity Act 2018 (the "Act") first came into force more than 6 years ago to establish a legal framework for the oversight and maintenance of national cyber security in Singapore.
Read moreProviding the identity of third-party recipients of personal data to a data subject – helpful guidance from the High Court
The High Court has handed down a helpful judgment for data controllers responding to data subject access requests which analyses the circumstances in which it may be appropriate for a data controller to withhold the identities of third parties who have been provided with a data subject's personal data.
Read moreCyber_Bytes Issue 64
Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.
Read moreThe Role of AI in Disputes
While lawyers have had various forms of AI available to them for years, it is generative AI and the development of large language models (LLMs) which is likely to represent a fundamental shift for dispute resolution. This technology now offers language capabilities that have never been seen before, and is likely to transform the way lawyers conduct proceedings.
Read moreAI-as-a-Service – Key Issues
Artificial Intelligence-as-a-Service (AIaaS), in the same vein as Software-as-a-Service and Infrastructure-as-a-Service, refers to cloud-based tools that allow businesses to gain access to an AI model hosted by a third party provider.
Read moreProcuring AI – Commercial Considerations Checklist
Many companies will no doubt be considering using AI within their business to take advantage of the massive opportunities for increased productivity and cost efficiencies promised.
Read moreGenerative AI – Addressing Copyright
When it comes to the interaction of AI and IP rights, bar a flurry of activity surrounding the inevitable outcome by all of the courts including the Supreme Court in the Thaler, Dabus case, most attention has been focussed on copyright. There are three main potentially thorny issues and all have been extensively covered by the mainstream media.
Read moreAI and Privacy – 10 Questions to Ask
We set out in this section 10 key questions to ask yourself at the outset when developing or deploying AI solutions in your business.
Read moreThe Ethics of AI - The Digital Dilemma
This is Part 6 of 'Regulation of AI – raising the trillion dollar bAIby'
Read morePart 6 – Practical Considerations
This is Part 6 of 'Regulation of AI – raising the trillion dollar bAIby'
Read morePart 5 – AI Regulation Globally
This is Part 5 of 'Regulation of AI – raising the trillion dollar bAIby'
Read morePart 3 - AI regulation in the US
Back in October 2022, the White House published federal guidance – a Blueprint for an AI Bill of Rights identifying five principles aiming to guide the design, use, and deployment of automated systems. It was designed to operate as a roadmap to protect the public from AI harms and was followed in October 2023 by the US President's Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence...
Read morePart 2 - AI regulation in the EU
The EU AI Act, the main elements of which are covered in our previous article, was provisionally agreed in December 2023. Shortly after it was agreed, the Commission released some Q&As to flesh out the key provisions and timelines for application. It is anticipated that the latest text of the Artificial Intelligence Act will be formally adopted by both Parliament and Council in April, triggering a graduated two year period for compliance (with obligations for high-risk systems defined in Annex II applicable in 3 years).
Read morePart 1 - UK AI regulation
There has been consistent messaging from the UK Conservative-led government that the UK has decided to adopt a light touch approach to regulating AI. This was evident in the AI white paper published in March 2023 which outlined a principles based framework (see ['The Ethics of AI – the Digital Dilemma'] for more information about the principles themselves and see here for additional coverage of the AI white paper). The UK government held a consultation on the AI white paper in 2023 and published a response on 6 February 2024 that adds slightly more flesh to the bones of the UK framework.
Read moreWhat is AI and why is it topical?
Whilst there is no universal definition of what constitutes artificial intelligence, at its core, AI refers to the simulation of human intelligence in machines that are programmed to think and learn like humans. This encompasses the ability to reason, learn from experience, understand complex concepts, interact with their environment and look to solve problems.
Read moreRegulation of AI - raising the trillion dollar bAIby - introduction
As with any new technology, existing data protection and privacy, intellectual property, competition, product liability, data security and consumer laws apply to its application in each jurisdiction. This has thrown up a number of important and newsworthy issues and considerations for AI developers and providers, legislators, consumers and rights holders. There are also several sets of high profile legal proceedings both decided and ongoing in several jurisdictions. These issues and legal proceedings are discussed in other sections of this AI Guide.
Read moreCyber_Bytes Issue 63
Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.
Read moreData dispatch - April 2024
Welcome to the fourth edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a regular basis with an easy-to-digest summary of key developments in data protection law.
Read moreICO publishes updates to its guidance on Transfer Risk Assessments
How will recent updates to the Information Commissioner’s Office’s (ICO) guidance on Transfer Risk Assessments (TRAs) affect how UK organisations conduct their TRAs?
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