Data protection

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Final wording—Recast Regulation on Insolvency

The following Banking & Finance news provides comprehensive and up to date legal information on Final wording—Recast Regulation on Insolvency

Corporate Insolvency and Governance Bill—restrictions on ipso facto clauses

The following Banking & Finance news provides comprehensive and up to date legal information on Corporate Insolvency and Governance Bill—restrictions on ipso facto clauses

TMT weekly highlights—21 January 2021

The following TMT news provides comprehensive and up to date legal information on TMT weekly highlights—21 January 2021

Article 27 in personality rights claims—Lugano’s swansong? (Wright v Granath)

The following Dispute Resolution news provides comprehensive and up to date legal information on Article 27 in personality rights claims—Lugano’s swansong? (Wright v Granath)

Featured TMT content

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...

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...

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...

Contract variation

This Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can...

Practice notes

The commercialisation of sport

Sport has become a big business. It is now widely recognised not only as a pastime or recreation but as an industry in its own right. However, as a...

Produced in partnership with Craig Giles of Bird & Bird 12th Jan

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

Precedents

Modern slavery: contract clauses

1DefinitionsModern Slavery Policy•means the Customer's anti-slavery and human trafficking policy as set out in Schedule [insert] as updated by the...

9th Nov

In-house

Practice notes

Information society services and e-commerce

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Practice notes

Wilful misconduct and deliberate default in commercial contracts

This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in...

Produced in partnership with Tim Wright of Fladgate 12th Jan

In-house

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

Uniform Domain Name Dispute Resolution Policy (UDRP) process

This Practice Note describes and explains the Uniform Domain Name Dispute Resolution Policy (UDRP) process and covers:•Application of the UDRP•Purpose...

Produced in partnership with Emily Taylor of Oxford Information Labs 12th Jan

Practice notes

Autonomous vehicles—key legal issues

This Practice Note considers the following issues in relation to the development and use of autonomous and connected vehicles (also referred to as...

Produced in partnership with Lucy McCormick of Henderson Chambers 12th Jan

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

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

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

GNU General Public License (GPL) 2.0—commentary

Although its popularity has declined in recent years in favour of permissive licences such as MIT, a significant amount of software remains licensed...

9th Nov

Practice notes

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...

Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB and Daniel Bishop 12th Jan

Practice notes

Preparing a UDRP complaint—before you start

This Practice Note covers the considerations to be taken into account before drafting a Uniform Domain Name Dispute Resolution Policy (UDRP) complaint...

Produced in partnership with Emily Taylor of Oxford Information Labs 12th Jan

Practice notes

Private right of redress for consumers

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Precedents

Month definition

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

9th Nov

Most recent Data protection content

Practice notes

Profiling and automated decision-making

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

13th Jan

Practice notes

EU regulatory framework for electronic communications—ePrivacy Directive

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with David Stewart of Towerhouse LLP 13th Jan

In-house

Practice notes

Internet of things (IoT)—data protection, privacy and security

This Practice Note focuses on the data protection and privacy implications of the internet of things (IoT) and the data collected by it.The following...

Produced in partnership with Rosemary Jay of Hunton Andrews Kurth, Giulio Coraggio of DLA Piper and Giordana Babini of DLA Piper 13th Jan

Practice notes

Data protection, privacy and confidential information case law tracker

This Practice Note tracks noteworthy High Court, Court of Appeal, Supreme Court and Court of Justice decisions related to data protection, ePrivacy,...

13th Jan

Practice notes

Cookies

This Practice Note examines the law on the use of cookies and similar technologies in the UK, and covers the following:•Types of cookies and similar...

13th Jan

Practice notes

Data portability

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Alex Brown of Simmons & Simmons 13th Jan

Practice notes

Mobile app development and data protection

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

13th Jan

Practice notes

Online behavioural advertising

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

13th Jan

Practice notes

ICO enforcement—database

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

13th Jan

Q&As

Can you provide guidance as to the best practices for storage of records either as service provider or a client in the context of a business to business supplier or customer relationship?

Record management and securityLexis®PSL Practice Compliance Information security and management subtopic contains a range of Practice Notes and...

12th Jan

Precedents

Privacy policy—general commercial organisation—customer-facing

We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we...

11th Jan

Practice notes

ePrivacy Regulation—timeline

This timeline sets out key dates and information relating to the draft ePrivacy Regulation as it progresses through the EU legislative procedure. It...

11th Jan

Precedents

Letter notifying data subject of data breach under PECR 2003

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Pritchetts Law 11th Jan

Practice notes

Brexit—implications for data protection

This Practice Note discusses the impact of Brexit on the general processing of personal data under the General Data Protection Regulation, Regulation...

11th Jan

Brexit

In-house

Q&As

What are cookies and cookie consent in relation to advertising?

What is a cookie?A cookie is a text file containing a unique piece of alphanumeric text. The publisher (in the case of onsite/first party advertising)...

Produced in partnership with Jude King of Facebook 8th Jan

Q&As

After a one off data sharing has taken place, which complies with the DPA 1998, what are the ongoing obligations on the original data controller?

The answer will depend upon the basis upon which the data sharing took place, and any contractual arrangements entered into between the parties.If the...

Produced in partnership with Ashley Roughton of Ipchambers.eu 8th Jan

Q&As

In a situation where a customer of a potential outsourcing shares information with a tenderer in an invitation to tender (ITT) so the tender can consider TUPE liabilities or obligations in relation to the salary of the role, average length of service and staff location for the role, is the information likely to be personal data as defined under the General Data Protection Regulation (GDPR)? If so, what provisions should be included in the ITT to protect the customer in view of its obligations under the GDPR?

In summary, there is an initial query arising from the above scenario as to whether the information being shared is personal data under the General...

Produced in partnership with Jack Roberts of Shoosmiths 8th Jan

Q&As

Would an organisation be in breach of the data export restriction under the eighth data protection principle where personal data which is stored in the EU is accessed remotely during a business trip outside the EU (eg in the USA or Japan)?

In answering this Q&A we have limited our research to cover the position under the Data Protection Act 1998 (DPA 1998) and assume the Q&A refers to...

Produced in partnership with Daradjeet Jagpal of Information Law Solutions 8th Jan

Q&As

Where a prime contractor contracts with a customer (acting as controller) to provide services involving processing of personal data, but the personal data will not be shared with the prime contractor, is the customer obliged by Article 28 of Regulation (EU) 2016/679, General Data Protection Regulation (GDPR), to enter into a direct agreement containing the mandatory processor clauses under Article 28 of Regulation (EU) 2016/679, GDPR, with the sub-contractor rather than the prime contractor?

The General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR), will replace Directive 95/46/EC, the Data Protection Directive and all...

Produced in partnership with Shobana Iyer of Swan Chambers 8th Jan

Precedents

Personal data sharing schedule—short form—controller to controller—pro-disclosing party

STOP PRESS: On 17 December 2020 the Information Commissioner’s Office (ICO) published its new Data Sharing Code of Practice. This Precedent will be...

Produced in partnership with Daradjeet Jagpal of Information Law Solutions 8th Jan

In-house