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UK/EU divergence—have your say
The new EU GDPR standard contractual clauses for international transfers
Law analysis: On 4 June 2021, the European Commission published its final
Implementing Decision adopting new standard contractual clauses (SCCs) for the
transfer of personal data to third countries. This follows the draft
implementing decision and clauses issued by the Commission for consultation on
12 November 2020. The Implementing Decision is effective on the 20th day
following its publication in the Official Journal of the EU (OJEU), which
occurred on 7 June 2021, meaning that the clauses can be used from 27 June
2021. Ariane Mole, Ruth Boardman and Gabriel Voisin, partners at Bird & Bird
Analysis: The new EU GDPR standard
contractual clauses for international transfers, LNB News 04/06/2021 47 and LNB News 07/06/2021 21.
publishes SCCs for arrangements between controllers and processors in the EEA
European Commission has published a decision and associated SCCs to fulfil the
requirements for contracts between controllers and processors in Article 28(3) and (4) of Regulation (EU)
2016/679, the EU’s General Data Protection
Regulation (the EU GDPR) (and of equivalent requirements of Article 29(3) and (4) of Regulation (EU)
2018/1725 which governs the processing of personal data by EU institutions).
See: LNB News 07/06/2021 15.
Implementing Decision on standard contractual clauses between controllers and
processors published in Official Journal
Implementing Decision (EU) 2021/915 of 4 June 2021 on SCCs between
controllers and processors under Article 28(7) of Regulation (EU)
2016/679 of the European Parliament and of the Council and Article 29(7) of Regulation (EU)
2018/1725 of the European Parliament and of the Council, has been published in
the Official Journal.
See: LNB News 07/06/2021 20.
of an EU representative appointed under Article 27 of the GDPR (Rondon v
LexisNexis Risk Solutions)
Court has ruled that an EU representative appointed under Article 27 of Regulation (EU) 2016/679, the General Data
Protection Regulation (GDPR) is not directly liable for the non-compliance of
the entity it represents. The representative’s liability is instead
limited to its compliance with its own statutory obligations (in its capacity
as such). The ruling is a pragmatic and welcome interpretation of some
ambiguity within Article 27 and Recital 80 of the GDPR, which had previously
caused some uncertainty. It is worth noting that, following Brexit, businesses
which are based outside the EU and UK and which process personal data of EU or
UK data subjects now need to consider the appointment of not only an EU
representative but also a UK representative. The analysis and decision of the
High Court in this case applied in the context of the EU GDPR, but it should
logically apply in the same way to the liability of a UK representative under
the UK GDPR. Written by Hamish Corner, partner at Shoosmiths LLP.
Analysis: Liability of an EU representative appointed under Article
27 of the GDPR (Rondon v LexisNexis Risk Solutions).
fines the Conservative Party £10,000 for sending unlawful emails
Information Commissioner’s Office (ICO) has fined
the Conservative Party £10,000 for sending 51 marketing emails to people who
did not want to receive them. The fine has been issued following an ICO
investigation relating to emails sent from the Conservative Party in the name
of the Prime Minister Boris Johnson after he was elected Prime Minister in
2019. The emails promoting the party’s political priorities were
directly addressed to the people they were sent to by name and included a link
directing them to a website for joining the Conservative Party.
See: LNB News 03/06/2021 10.
fines three companies for nuisance marketing
has fined Colour Car Sales Ltd (CCSL), Solarwave Ltd and LTH Holdings a total
of £415,000 for sending nuisance marketing to people about car finance, solar
panels and funeral plans. All three companies did not have the valid consent
required to send direct marketing and this is against the Privacy and
Electronic Communications Regulations 2003, SI 2003/2426.
See: LNB News 08/06/2021 72.
launch plan to end deceptive cookie banners
non-profit organisation whose name is a play on ‘none of your business’, has announced that it has
developed software to automatically detect websites that use deceptive
practices to frustrate the public into consenting to cookies. The non-profit
has said that 90% of users agree to cookies, when statistics show that only 3%
actually want to agree. In an opening salvo, NOYB has sent draft GDPR
complaints to 500 companies, and plans to send another 10,000 over the next
year. NOYB has said that it will give companies a one-month grace period before
filing official complaints.
See: LNB News 07/06/2021 50.
updates money laundering offences guidance to encourage disclosure of
Crown Prosecution Service (CPS) has updated its guidance on money laundering
offences, particularly in relation to the prosecution of standalone ‘failure to disclose’ cases under section 330 of the Proceeds of Crime Act 2002 (POCA 2002). The guidance now clarifies that a POCA 2002, s 330 offence can be prosecuted after 2 June
2021 irrespective of whether an offence of money laundering has been
substantiated. The updated guidance aims to encourage people to come forward to
disclose any suspicion of money laundering to law enforcement.
See: LNB News 04/06/2021 40.
Commission launches consultation on corporate criminal liability reform
Commission has opened a consultation on whether the law regarding corporate
criminal liability can be improved to adequately punish offences committed by
corporations, and if so, in which ways. Potential improvements suggested by the
Law Commission include reforming the identification principle to encompass
companies with complex decision-making structures, and extending the scope of ‘failure to prevent’ offences to cover fraud
and other offences an employee may commit which benefit the company. Responses
should be sent in by 31 August 2021.
See: LNB News 09/06/2021 86.
and guideposts from EU sanctions blocking case
International companies and their lawyers have long struggled to satisfy
competing imperatives contained in US and EU legislation across myriad
Analysis: Warnings and guideposts from EU sanctions blocking case.
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coverage of how UK law diverges from EU law arising from the UK’s departure from the EU.
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