EU GDPR regime

View Information Law by content type:

News

Practice notes

Precedents

Q&As

Latest Information Law News

Assessing damages where an offer of amends is made (Gale v Scannella)

The following Dispute Resolution news provides comprehensive and up to date legal information on Assessing damages where an offer of amends is made (Gale v Scannella)

Information Law weekly highlights—13 May 2021

The following Information Law news provides comprehensive and up to date legal information on Information Law weekly highlights—13 May 2021

Locatefamily.com fined €525,000 for failure to appoint data protection representative

The following Information Law news provides comprehensive and up to date legal information on Locatefamily.com fined €525,000 for failure to appoint data protection representative

Contracts—‘Reasonable detail’ in notice clause determined by business purpose (Dodika Ltd and others v United Luck Group Holdings Ltd)

The following Commercial news provides comprehensive and up to date legal information on Contracts—‘Reasonable detail’ in notice clause determined by business purpose (Dodika Ltd and others v United Luck Group Holdings Ltd)

Featured Information Law content

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...

Applicable law clauses

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...

Third party intellectual property rights indemnity clause—pro-supplier

1 Intellectual property rights indemnity 1.1 The Supplier shall defend the Customer against any third party claim that...

Applications for interim injunctions for breaches of privacy

This Practice Note should be read in conjunction with Practice Notes: Privacy law—misuse of private information and Privacy law—remedies.Coronavirus...

Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...

9th Nov

In-house

Practice notes

Model ADR clauses

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering the use of ADR as it may...

9th Nov

Practice notes

No deal Brexit—jurisdiction (UK and the Lugano Convention)

This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.STOP PRESS: This Practice Note is under...

9th Nov

Brexit

Precedents

Standard contractual clauses—set II—controller to controller (Model Clauses)

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

9th Nov

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Sub-licensing intellectual property rights

An intellectual property (IP) owner may choose to license its IP to a third party. This can be an effective route to generating revenue while...

Produced in partnership with Jessica Stretch 12th Jan

In-house

Practice notes

Rome Convention—introduction and interpretation

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...

9th Nov

Practice notes

Starting a GDPR compensation claim—a practical guide

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners in a number of areas covered in this...

Produced in partnership with Robert Brodrick and Stephen Woodward of Payne Hicks Beach 12th Jan

Practice notes

Defamation—defences

DefencesThere are a number of substantive defences to a defamation claim, the majority of which are now, since the Defamation Act 2013 (DA 2013),...

Produced in partnership with 5RB 12th Jan

In-house

Practice notes

Declaration of a director's interests—the statutory provisions

A director who is in any way, directly or indirectly, interested in:•a proposed transaction or arrangement with the company of which they are a...

9th Nov

Practice notes

Malicious falsehood

This Practice Note provides an introduction to the tort of malicious falsehood. Unlike a claim for defamation, there is no requirement in a claim for...

Produced in partnership with 5RB 12th Jan

In-house

Practice notes

A company’s constitution

What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of...

9th Nov

Practice notes

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent...

9th Nov

In-house

Practice notes

Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...

9th Nov

In-house

Most recent EU GDPR regime content

Q&As

We are dealing with the transfer of a business which designs and improves websites. Can you provide some information on the general data protection regulation considerations that arise in the context of an asset sale?

We are dealing with the transfer of a business which designs and improves websites. Can you provide some information on the general data protection...

19th May

Q&As

Must the contractual terms required by Articles 28(3) or 28(4) of the EU GDPR be governed by the law of an EEA state; must the contractual terms required by Articles 28(3) or 28(4) of the UK GDPR be governed by a UK law?

Must the contractual terms required by Articles 28(3) or 28(4) of the EU GDPR be governed by the law of an EEA state; must the contractual terms...

Produced in partnership with Daradjeet Jagpal of Information Law Solutions 19th May

Q&As

What’s the impact of failing to obtain a valid consent under the GDPR? Can you use a privacy notice to make up for a defect in such a consent?

What’s the impact of failing to obtain a valid consent under the GDPR? Can you use a privacy notice to make up for a defect in such a...

19th May

Q&As

Might a signature constitute personal data under the General Data Protection Regulation (GDPR) regime as it applies in the UK and might the GDPR regime, as it applies in the UK, require that the signature is redacted from a document which is to be made publicly available?

Might a signature constitute personal data under the General Data Protection Regulation (GDPR) regime as it applies in the UK and might the GDPR...

Produced in partnership with Jon Baines of Mishcon de Reya 19th May

Q&As

Organisation A (Host Organisation) was allowing Organisation B (Abandoning Organisation) to use its office space. Abandoning Organisation has now ceased trading and disappeared. Abandoning Organisation left various computer equipment (which is suspected to contain personal and other business data) at Host Organisation’s premises. What are Host Organisation’s obligations in respect of any such personal data on the equipment under the general data protection regulation (GDPR)? What steps can Host Organisation take to dispose of Abandoning Organisation’s equipment (and any associated personal data) in compliance with the GDPR?

Organisation A (Host Organisation) was allowing Organisation B (Abandoning Organisation) to use its office space. Abandoning Organisation has now...

Produced in partnership with Sam Morrow 19th May

Q&As

Is someone’s voice personal identifiable information under GDPR? If someone is to do a voice over for content of some training for a business, would a consent form be needed?

Is someone’s voice personal identifiable information under GDPR? If someone is to do a voice over for content of some training for a business, would a...

19th May

Q&As

How do you determine what constitutes personal data under Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR)?

How do you determine what constitutes personal data under Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR)?Definition of...

19th May

Q&As

What lawful grounds for processing (eg consent or legitimate interest) may an organisation rely on when seeking to record outbound calls to prospective/existing customers for training purposes?

What lawful grounds for processing (eg consent or legitimate interest) may an organisation rely on when seeking to record outbound calls to...

19th May

Q&As

Under the General Data Protection Regulation and Data Protection Act 2018, can the right to erasure be used to remove references to an employment tribunal case which has been publicly reported in the media?

Under the General Data Protection Regulation and Data Protection Act 2018, can the right to erasure be used to remove references to an employment...

19th May

Q&As

Where there is to be an intra-group re-organisation by way of an asset sale and part of the assets include a database containing sensitive personal data, is the explicit consent of data subjects needed under Article 9 for the transfer, despite the fact that the transfer is intra-group?

Where there is to be an intra-group re-organisation by way of an asset sale and part of the assets include a database containing sensitive personal...

Produced in partnership with Rupert Casey of Keystone Law 19th May

Q&As

Do the General Data Protection Regulation, Regulation (EU) 2016/679 requirements apply to an unincorporated association?

Do the General Data Protection Regulation, Regulation (EU) 2016/679 requirements apply to an unincorporated association?The General Data Protection...

19th May

Q&As

Do you have any materials relating to the meaning of controller vs processor? Is it the case that Article 28 of the GDPR applies only where the processing of data is carried out on behalf of a controller (by a processor)?

Do you have any materials relating to the meaning of controller vs processor? Is it the case that Article 28 of the GDPR applies only where the...

19th May

Q&As

What is ‘invisible processing’ and does it require a data protection impact assessment to be carried out under the General Data Protection Regulation? What guidance on this is available?

What is ‘invisible processing’ and does it require a data protection impact assessment to be carried out under the General Data Protection Regulation?...

19th May

Q&As

What is the definition of a 'transfer' under Chapter V of the General Data Protection Regulation, Regulation (EU) 2016/679 (the EU GDPR)? Is it limited to actual movement of personal data from one place to another? If UK staff access, view and amend personal data held on a server in the EU (doing all such things on EU servers) from the UK following the end of the Brexit implementation period could that be a 'transfer' of personal data outside the EEA subject to Chapter V of the EU GDPR?

What is the definition of a 'transfer' under Chapter V of the General Data Protection Regulation, Regulation (EU) 2016/679 (the EU GDPR)? Is it...

19th May

Q&As

If a company operates an access control system which utilises special category personal data (eg a biometric scan of an employee's fingerprint) to permit access to the workplace, are there any grounds under Article 9 of the GDPR (as it applies in the UK) which the company may be able to rely on, other than explicit consent, for processing the special category personal data where the system was adopted for health and safety and food hygiene reasons?

If a company operates an access control system which utilises special category personal data (eg a biometric scan of an employee's fingerprint) to...

19th May

Q&As

Can the personal data processing contract between a controller and processor required for compliance with Article 28(3) of the General Data Protection Regulation (the GDPR), Regulation (EU) 2016/679 as it applies in the UK be entered into in electronic form? Can electronic signatures and click wrap methods be used to enter into such contracts?

Can the personal data processing contract between a controller and processor required for compliance with Article 28(3) of the General Data Protection...

19th May

Q&As

Can an act or omission which occurred before 25 May 2018 result in an administrative fine under Article 83 of the GDPR?

Can an act or omission which occurred before 25 May 2018 result in an administrative fine under Article 83 of the GDPR?As explained in Practice Note:...

19th May

Q&As

Where personal data flows in and out of the EEA between two parties (both acting as controllers) and each party acts as importer and exporter of personal data into/from the EEA in connection with those arrangements, is it possible where the ‘Set II’ 2004 Controller to Controller Standard Contractual Clauses (SCCs) will be used as an appropriate safeguard under Article 46 of the General Data Protection Regulation (EU) 2016/679 (EU GDPR) to use one SCC with amendments (eg in an addendum) to reflect that the parties are acting as both importer and exporter respectively?

Where personal data flows in and out of the EEA between two parties (both acting as controllers) and each party acts as importer and exporter of...

19th May

Q&As

Is there a specified format for notifying data subjects of a personal data breach under the GDPR?

Is there a specified format for notifying data subjects of a personal data breach under the GDPR?In answering this Q&A, it has been assumed to be a...

19th May

Q&As