Latest legal and regulatory news: 30th October 2020

Latest legal and regulatory news: 30th October 2020

In this issue:

Risk & Compliance

Commercial

Corporate

Information Law & TMT

Employment

Additional news—daily and weekly news alerts

Dates for your diary

In-house

Useful information

LexTalk®In-house: a Lexis®PSL community


 

Risk & Compliance

Data protection

Navigating a way through the international data transfer regime was never easy, but it’s now a minefield following the decision of the European Court of Justice in Schrems II. There’s no sign of substantive guidance from the ICO on what to do following the Schrems II judgment, so to help you we’ve developed a range of tools, including a new Practice Note on practical compliance, two new Flowcharts and a Precedent assessment for your international data transfers. We’ve also added international Getting the Deal Through guidance on data protection and government investigations. See News Analysis: New tools for international personal data transfers.

MLex: If the UK were to win a data adequacy finding from the EU, it would be ‘very likely, if not certain’ to face an immediate challenge by privacy campaigners, given recent rulings by the EU’s top court on international data transfers, a British technology industry representative has warned. See News Analysis: UK data adequacy decision by EU would face immediate legal challenge, lawmakers told.

The Information Commissioner’s Office (ICO) has issued Experian Ltd, a credit reference agency, with an enforcement notice which requires it to notify people, by July 2021, that it holds their personal data, and how it is using them or intends to use them for marketing purposes. In addition, by January 2021, Experian Ltd must cease to use data derived from the credit referencing side of its business. It is also required to improve privacy information, stop the processing of any unlawfully collected personal data, and delete any data supplied under the lawful basis of consent as that data is now being processed using the lawful basis of legitimate interests. Failure to comply with the enforcement notice may result in further action, which

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About the author:
Allison is a former partner of Shoosmiths, with extensive experience of legal management and practice compliance.