Data protection regime

FORTHCOMING CHANGE: On 19 June 2025, the Data (Use and Access) Bill received Royal Assent, becoming the Data (Use and Access) Act 2025 (DUAA 2025) and coming partly into force on that date. Parts 5 and 6 serve to amend aspects of data protection and ePrivacy law in the UK, including the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426. Certain provisions of DUAA 2025, concerning matters such as responding to data subject access requests and the conferring of power to make further regulations, came into force immediately on 19 June 2025. Other provisions, concerning notices from the Information Commissioner and some aspects of law enforcement processing, come into effect on 19 August 2025 (being two months from the date of Royal Assent). The majority of DUAA 2025’s provisions require further regulations (in the form of statutory instruments) to be made to bring them into force. For further information on DUAA 2025 generally, see Practice Note: The Data (Use and Access) Act

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The construction of jurisdiction clauses in the context of the Contracts (Rights of Third Parties) Act 1999 and the mechanisms of service(Campeau v Gottex Real Asset Fund 1 (OE) Waste S.À.R.L)

Dispute Resolution analysis: This case considers a jurisdictional clause in the context of service under CPR 6.33(2B)(b), which allows service out of the jurisdiction where the defendant is party to a jurisdiction clause. There is no corresponding requirement for the claimant to be a party to that jurisdiction clause. The starting point is that jurisdiction clauses are not generally intended to concern disputes with third parties. However, that is no more than a starting point and one which can be departed from in appropriate cases. This was one such appropriate case whereby the circumstances and construction of the clause led to the finding that it did include the third party claimant’s (Mr Campeau) claim. While not strictly necessary given the judge’s findings in relation to the construction of the clause, Mr Justice Butcher considered that, where a jurisdictional clause was wide enough to encompass disputes from third parties, then it will likely also amount to a ‘relevant term’ for the purposes of section 1(4) of the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999). That meant that the third party, in seeking to enforce their rights under the SPA, was statutorily obliged to do so in England and so could rely upon CPR 6.33 (2B) (b) in that respect also. Written by Georgia Whiting, legal counsel (contentious construction) at Capita.

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