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On 18 July 2022, the United Kingdom (UK) government set out its new proposals for regulating the use of artificial intelligence (AI) technologies while promoting innovation, boosting public trust, and protecting data. The proposals reflect a less centralised and more risk-based approach than in the EU’s draft AI Act.

The proposals coincide with the introduction to Parliament of the Data Protection and Digital Information Bill, which includes measures to use AI responsibly while reducing compliance burdens on businesses to boost the economy.

Continue Reading UK government announces its proposals for regulating AI

On 17 June 2022, in response to its consultation in 2021 on the same topic (which we wrote about here), the UK government published more detailed proposals to reform data protection laws in the UK. The response to the consultation can be found here. The intention of the reforms is to achieve greater personal data use enabling economic growth by removing barriers and reducing obstacles for organisations whilst maintaining high standards of personal data protection and EU adequacy.

Continue Reading Government releases proposals to reform UK data protection laws

Four years ago, the General Data Protection Regulation (“GDPR”) came into force in the EU. Since then, the GDPR has had a domino effect, as many countries in the world have used it as a model to shape their own rules on the handling of personal data. Given the rapid changes in data protection legislation around the world, legal and compliance teams of multinational organisations are under pressure to keep up with such developments as they continuously adapt their compliance programs in response.

Continue Reading The fourth anniversary of the GDPR: How the GDPR has had a domino effect

On 28 April 2022, the UK Digital Regulation Cooperation Forum (DRCF) published two discussion papers on the benefits and harms of algorithms and on the landscape of algorithmic auditing and the role of regulators, respectively.

About DRCF

The DRCF consists of four UK regulators: the Competition and Markets Authority, Ofcom, the Information Commissioner’s Office and the Financial Conduct Authority, to support regulatory cooperation in digital markets.

Continue Reading UK regulators publish two discussion papers on algorithmic systems

On 4 May 2022, the Department for Digital, Culture, Media and Sport (DCMS) launched a consultation (available here) to request views from the tech industry on potential interventions to enhance security and privacy requirements for firms running app stores and developers making apps.

Continue Reading Department for Digital, Culture, Media and Sport launches consultation on app security

On 22 March 2022, the European Commission (“EC”) adopted two new proposals for a Cybersecurity Regulation and an Information Security Regulation (available here and here). These regulations aim to set common priorities and frameworks in order to further strengthen inter-institutional co-operation, minimise risk exposure and further strengthen the EU security culture.
Continue Reading European Commission adopts two proposals for cybersecurity and information security regulations

Following the recent adoption of a new draft EU cybersecurity directive (we wrote about it here), the UK government has now also launched a consultation on its proposal to reform the existing UK cybersecurity legislation  (see consultation here).

A recap of the current UK cybersecurity law: NIS Regulations

One of the key pieces of cybersecurity legislation in the UK is the Network and Information Systems Regulations 2018 (NIS Regulations), which implemented the EU Cybersecurity Directive 2016 prior to Brexit.

Under the NIS Regulations, businesses who provide certain essential services (referred to as operators of essential services, or OES) and relevant digital service providers (RDSP) are required to register with the relevant competent authorities; meet a baseline level of cybersecurity requirements; and report any incident which has a significant impact on the continuity of the essential services.

Continue Reading Cybersecurity 2.0: the UK follows suit with the EU in launching cybersecurity law reform

The UK’s data protection regulator, the Information Commissioner’s Office (‘ICO’), has released draft guidance on the research provisions within the UK’s General Data Protection Regulation (‘UK GDPR’) and Data Protection Act (‘DPA’). The guidance is out for public consultation until 22 April 2022.
Continue Reading What does the ICO tell us about using data for research purposes?

In January 2022, several decisions by the French data protection regulator (“CNIL”) were published regarding the implementation of French cookie requirements, sending out a strong signal to website operators targeting French users. On 6 January 2022, the CNIL issued fines totalling 150 million euros and 60 million euros, to Google and Facebook respectively, for violations of the cookie laws in France. Both fines related to the method by which, and the lack of ease in which, users can reject the use of cookies, specifically on the following websites: google.fr, youtube.com and facebook.com. Some might see this as a controversial move by the CNIL, given that the method for opposing cookies has not strictly been written into law.

Then, on 28 January 2022, the French Supreme Administrative Court (French Council of State or “Conseil d’Etat”) upheld a 100 million euro fine imposed by the CNIL on Google on March 2020, also on the topic of cookie rules. The Council of State confirmed the fine, highlighting the fact that seven cookies were automatically dropped on the users’ terminal, four of which were used for advertising purposes, whereas users were not directly and explicitly informed of either the purposes of these cookies, or how to opt-out of the use of cookies.

Continue Reading Cookie fines in France in January 2022: is it the beginning of a “Cookie Gate”?

In a judgment handed down by the UK Court of Appeal on 21 December 2021 ([2021] EWCA Civ 1952, available here), Walter Soriano, the claimant, was granted his cross-appeal, giving him permission to serve Forensic News LLC and four other defendants in the United States with proceedings under the General Data Protection Regulation (GDPR). The appeal came from the High Court, which had previously refused such permission on the basis that the claimant could not demonstrate that the claim satisfied the test for serving claims outside the jurisdiction. The reason given by the High Court was that the processing of the claimant’s personal data did not fall within the territorial scope of the GDPR. The Court of Appeal therefore revisited the GDPR’s territorial scope as part of this appeal and decided the claimant had an arguable case and could therefore serve the claim outside the jurisdiction.
Continue Reading UK’s Court of Appeal assesses territorial scope of GDPR