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Comment—WhatsApp’s appeal of Irish GDPR fine will throw up novel questions over EDPB’s role
MLex: Facebook’s WhatsApp could choose the Irish courts, the EU courts or both to fight an Irish fine of €225m for transparency failings. Given it will be the first challenge of a final decision by a regulator under instruction by the European Data Protection Board (EDPB), WhatsApp will likely want to question the influence of individual EU data protection authorities (DPAs) in the umbrella group.
See News Analysis: Comment—WhatsApp’s appeal of Irish GDPR fine will throw up novel questions over EDPB’s role.
ICO to present idea to G7 DPAs on combatting cookie consent pop-ups
The Information Commissioner’s Office (ICO) has announced that the UK Information Commissioner, Elizabeth Denham, will call on G7 DPAs to collaborate on overhauling cookie consent pop-ups, with the intention of improving privacy protection and enhancing web browsing experiences. Denham is virtually meeting G7 DPAs on 7–8 September 2021, and hopes to contribute ideas on how to ‘improve the current cookie consent mechanism, making web browsing smoother and more business friendly while better protecting personal data’. At the meeting, each G7 DPA is presenting a specific technology or innovation issue they believe requires closer co-operation. The ICO will present its ‘vision for the future’, which entails web browsers, software applications and device settings allowing users to set lasting privacy preferences, as opposed to users selecting their choice via pop-ups each time.
See: LNB News 07/09/2021 23.
ICO publishes Children’s Code introduction and 15 standards or online services
The ICO has published an introduction to the Children’s Code, which contains 15 standards for online services, including apps, games, connected toys and news services, to ensure they comply with data protection law obligations. The Code applies to UK companies or companies which provide ‘information society services’ to children. This includes those which are likely to be accessed by children—even if not aimed at them.
See: LNB News 02/09/2021 54.
FATF publishes table detailing latest assessment ratings
The Financial Action Task Force (FATF) have published a table detailing its latest assessment ratings. The FATF and their FATF-Style Regional Bodies conduct peer reviews on an ongoing basis to assess how effectively their respective members’ measures work in practice and how well they have implemented the technical requirements of the FATF recommendations. The latest table provides up-to-date overview of the ratings that assessed countries obtained for effectiveness and technical compliance. They should be read in conjunction with the detailed mutual evaluation reports, which are available on the FATF website.
See: LNB News 06/09/2021 33.
Challenges await proposed EU anti-money laundering body
Practical hurdles facing the EU’s proposed anti-money laundering authority (AMLA) include the creation of workable measures for countries with varying criminal codes, the role of national supervisory authorities and UK-EU co-operation, say Ian Hargreaves and Mia Neafcy at Covington.
See News Analysis: Challenges await proposed EU anti-money laundering body.
Home Office and HMT issues guidance on countering terrorist financing
The Home Office and HM Treasury (HMT) have issued joint guidance for countering terrorist financing, which remains one of the UK’s priorities under the National Security objectives set out in the UK’s National Security Strategy. The joint guidance is aimed at reducing the threat of terrorist financing by making the financial system an unsafe space for terrorists to raise and move funds.
See: LNB News 02/09/2021 31.
UK signs up to best practice beneficial ownership transparency disclosure principle
The UK has signed a declaration of national commitment to meet the Beneficial Ownership Transparency Disclosure Principles.
See: LNB News 02/09/2021 57.
Banking Protocol scheme stops £32m of fraud in first half of 2021
UK Finance has published figures which show that £32m of fraud was stopped between January and June 2021 through the Banking Protocol scheme. The UK-wide scheme was launched in 2016 and provides training to bank, building society, and Post Office staff to spot the warning signs that a customer may be falling victim to a scam, before alerting local police to intervene and investigate. During this period, the Banking Protocol was invoked 4,782 times by branch staff, saving an average £6,672 per potential victim, and resulting in the arrest of over 90 suspected criminals. Customers are offered ongoing support as part of the scheme to prevent falling victim to future scams, particularly through social services referrals, expert fraud prevention advice and enhanced checks on future transactions.
See: LNB News 07/09/2021 36.
Frozen assets reporting notice and template published by HMT
HMT and the Office of Financial Sanctions Implementation (OFSI) have published the frozen assets reporting notice and template. The notice provides an overview and guidance for the 2021 frozen asset reporting exercise, which is carried out by HMT on a yearly basis to update its records. It is a requirement for all persons that ‘hold or control funds or economic resources belonging to a designated person’ to complete the reporting form. The completed form must be sent to the OFSI by 15 October 2021.
See: LNB News 06/09/2021 44.
Law360: Insurers offering coverage for cyberattacks have themselves been victims of cybercrime in recent months, fuelling concerns that hackers could steal and threaten to leak the details of cyber policies, affecting insurers and policyholders alike.
See News Analysis: USA—cyber insurers top hackers’ hit list.
Law Commission publishes 2021–2022 business plan
The Law Commission has published its business plan detailing its priorities for 2021–2022. The Law Commission outlines its targets for achieving reform of the law, and focuses on ensuring the current law is improved, engaging with stakeholders, considering how work is conducted in the future, and enhancing its Diversity and Inclusion strategy. The plan includes a review of 2020–2021 and whether its targets were met. Upcoming publications and the financial budget are also set out in the business plan.
See: LNB News 07/09/2021 43.
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