The following Risk & Compliance practice note provides comprehensive and up to date legal information covering:
Data protection by design and default (DPbDD) is often overlooked by organisations when considering their UK GDPR compliance obligations. This is understandable, as DPbDD is an intangible, all pervading concept that can be difficult to translate into specific actions, particularly compared to other discrete requirements of the UK GDPR. However, there is a dedicated section in the UK GDPR about DPbDD (Article 25) and extensive guidance published by the European Data Protection Board (EDPB) and Information Commissioner’s Office (ICO):
ICO, Guide to the UK GDPR, Data protection by design and default
EDPB, Guidelines 4/2019 Article 25 Data Protection by Design and By default—according to the ICO, these guidelines are no longer directly relevant to the UK regime and are not binding under the UK regime, however they may still provide helpful guidance on certain issues
In essence DPbDD involves considering data protection and privacy issues upfront in everything you do. This means you have to integrate or ‘bake-in’ data protection into your processing activities and business practices, from the design stage right through the lifecycle.
DPbDD is a general concept of the UK GDPR regime, but also a specific requirement under Article 25:
Article 25(1) contains the data protection by design obligation—see below Data protection by design—regulatory requirements
Article 25(2) covers data protection by default—see below Data protection by default—regulatory requirements
This is supplemented by
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Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
What are OFTOs?Offshore Transmission Owners (OFTOs) are the owners of offshore transmission assets which connect offshore wind farms to the onshore electricity network. The transmission assets comprise everything between the offshore point of connection with the generating wind farm assets and the
This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
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