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On 26 November 2023, the US Cybersecurity and Infrastructure Security Agency (CISA), together with the UK’s National Cyber Security Centre (NCSC), published joint ‘Guidelines for Secure AI System Development’ (the Guidelines).

The Guidelines were formulated by CISA and the NCSC, in cooperation with 21 other international agencies and ministries, as well as industry experts.Continue Reading UK & US cybersecurity agencies release new ‘Guidelines for Secure AI System Development’

On 17 October 2023, the First-Tier Tribunal of the General Regulatory Chamber – Information Rights (the Tribunal) handed down its decision in Clearview AI Inc v The Information Commissioner [2023] UKFTT 819, overturning the £7.5 million fine levied on Clearview AI Inc. (Clearview) by the ICO last year.Continue Reading Clearview AI Inc., successfully appeals £7.5 million fine from the ICO but the ICO is fighting back!

On 26 October 2023, the UK adopted the Online Safety Act 2023, which introduces new obligations for online platforms to improve user safety online by ensuring content that is illegal and harmful is monitored and removed. We previously compared the Act in its draft form with the EU Digital Services Act here and will be updating the table soon.Continue Reading The UK Online Harms Bill becomes the Online Safety Act

Currently there are two trends on cookie consent banner design – either (1) the “Accept All” and “Reject All” options are shown in the first layer of a cookie consent management solution, or (2) only the “Accept All” option is shown in the first layer together with a link to the second layer of the cookie consent management solution where the user can reject to the use of non-essential cookies. There is more clarity on the views of the UK data protection authority on whether a “Reject All” option in the first layer of a cookie consent management solution is required.Continue Reading “Reject All” button in cookie consent banners – An update from the UK and the EU

On 3 October 2023, the UK Information Commissioner’s Office organised its annual Data Protection Practioner’s Conference 2023 (DPPC 2023). This year its focus was on Cybersecurity – a topic that concerns organisations across the board. Here are the takeaways from the DPPC 2023 (the event sessions available here).Continue Reading The UK Information Commissioner’s Data Protection Practioner’s Conference 2023 on Cybersecurity

Further to the joint announcement in June by UK Secretary of State for Science, Innovation, and Technology and the US Commerce Secretary of their intention to create a UK-US data bridge (please see our blog for further details), the UK government has passed a Regulation establishing a UK-US data bridge. The data bridge comes in the form of an extension to the EU-US Data Bridge Privacy Framework (the DPF) and will come into force on 12 October.Continue Reading UK government announces a UK data bridge with the US

On 12 September 2023, the UK Information Commissioner and the Chief Executive of the National Cyber Security Centre (NCSC), signed a joint Memorandum of Understanding (MoU), which establishes how the NCSC and the Information Commissioner’s Office (ICO) will cooperate. The NCSC is the technical authority in the UK that provides standards and guidance to organisations on cyber security. The ICO is responsible for providing guidance and enforcement of the data protection rules in the UK, including the obligation of organisations to apply security measures around personal data.Continue Reading Boosting digital resilience – The UK Information Commissioner and NCSC CEO sign Memorandum of Understanding

Background

The European Commission (EC) issued the long-awaited adequacy decision for the new EU-U.S. Data Privacy Framework (Framework) on July 10, 2023. The Court of Justice of the European Union (CJEU) had previously invalidated both the U.S.-EU Safe Harbor in 2015, and the U.S.-EU Privacy Shield in 2020 after challenges by Austrian privacy activist Max Schrems (CJEU decisions known as Schrems I and Schrems II, respectively). Following those decisions President Biden signed Executive Order 14086 on “Enhancing Safeguards for United States Signals Intelligence Activities”, which introduced new binding safeguards. Our previous client alert discussed how the draft adequacy decision, including in relation to this this Executive Order, addressed concerns raised in Schrems II.Continue Reading Third Time’s a Charm: European Commission adopts EU-U.S. Data Privacy Framework

On 7 June 2023, the European Union Agency for Cybersecurity (ENISA) released a report Multilayer Framework for Good Cybersecurity Practices for AI (“Framework”) in response to the evolving landscape of artificial intelligence (AI) and the associated cybersecurity challenges. The publication aims to establish a robust framework that promotes cybersecurity practices throughout the entire lifecycle of AI, ranging from conceptualization to decommissioning. This blog summarises the main features of the Framework.Continue Reading ENISA Releases Comprehensive Framework for Ensuring Cybersecurity in the Lifecycle of AI Systems