Data Protection – A year’s worth of challenges and threats

19 March 2019

Leigh Callaway and Gerald Brent examine the major issues which have been cropping up continually over the past year.

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Mutual EU-Japan adequacy decision now in force

23 January 2019

The EU and Japan have today announced a new personal data adequacy agreement between the two parties. This agreement will allow personal data to flow freely between the two parties on the basis that there are strong protective guarantees in place. Before the agreement was put in place, Japan agreed to put additional safeguards in […]

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Google fined €50M in France for GDPR breach

21 January 2019

Reports are circulating that the French data protection authority, the CNIL, has issued a fine of €50M on Google for failure to comply with the GDPR.  The issue relates to the consents obtained from Google account holders in relation to the personalisation of advertising that was served to the user. The CNIL referenced the fact […]

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Amazon mistakenly sends smart-device recordings to strangers

9 January 2019

A recent story from Germany highlights the precautions companies must take when complying with data subject requests under the GDPR. When complying with a right of access, Amazon accidentally disclosed the personal data of another Amazon user. Although no enforcement action has been taken by a GDPR authority in this case (yet), Amazon have opened […]

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Brexiting the GDPR: New draft UK data protection regulations introduced

8 January 2019

The government has recently published draft legislation to deal with the UK’s post-Brexit GDPR regime, namely “The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019”. The new legislation proposes to introduce an amended version of the GDPR (creatively titled “the UK GDPR”), the Privacy and Electronic Communications Regulations 2003 (PECR), and […]

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First German GDPR penalty

21 December 2018

The European Data Protection Board is today reporting that the supervisory authority for Baden-Würrtemburg has imposed the first GDPR fine in Germany.  A social network company was fined €20,000 for a data breach in July 2018 involving a hack which exposed the email addresses and  unencrypted passwords of 330,000 users.  The fine was reduced in […]

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E-receipt ads may break data laws

12 December 2018

It has been reported that several major retailers in the UK may be in breach of the GDPR when they sent promotional materials within their e-receipts. The GDPR is clear that data subjects must consent to direct marketing and must not receive any direct marketing if they object. The consumer group, Which?, carried out an […]

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Facebook €10M fine in Italy

12 December 2018

Not a GDPR fine, but, according to press reports, Facebook has been fined €10M by the Italian consumer protection authority arising out of its use of subscriber’s data. The reports say that FB breached the Italian Consumer Code by misleading users about the commercial use of their data and not making it clear to users […]

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Brexit and Data Protection

7 December 2018

In amongst all the uncertainties of Brexit, the good (or bad, depending on your outlook) news is that GDPR will definitely still apply in UK, as part of our domestic law, for the foreseeable future, whatever happens.

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High Court blocks £1-3bn data protection claims against Google

7 December 2018

Leigh Callaway and Gerald Brent of Fladgate’s disputes team review a recent UK Court decision which threw out a civil “representative action” claim against Google, brought under the old Data Protection Act 1998.

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