The Court of Justice of the European Union (“CJEU”) issued a judgment on the 9th of February 2023 (docket no. C-453/21), which addresses the question of the dismissal of a Data Protection Officer (“DPO”) and the interpretation of Article 38 of the EU GDPR.
Continue Reading CJEU rules on DPO conflicts of interest under the GDPRGet your update on IT & data protection law in our newsletter (Winter 2023 edition)
The winter 2023 edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released:
Continue Reading Get your update on IT & data protection law in our newsletter (Winter 2023 edition)EU-Cookie banner taskforce report: what you need to know
On the 18th of January, the EDPB published the adopted report of the work undertaken by the Cookie Banner Taskforce. The Cookie Banner Taskforce was established in September 2021 in accordance with article 70(1) (u) GDPR to coordinate the response to complaints concerning cookie banners filed with several supervisory authorities by the non-profit organization, NOYB, run by Max Schrems. The aim of this Taskforce was to promote cooperation, information sharing, and best practices between the supervisory authorities.
Continue Reading EU-Cookie banner taskforce report: what you need to knowUK expands scope of NIS Regulations
By Howard Womersley Smith & Sophie Vella on
The UK Network and Information Systems (NIS) Regulations 2018 will be strengthened in an effort to protect essential and digital services. On 30th November 2022, the UK government published its response to the public consultation on proposals to improve the UK’s cyber resilience. As the UK is no longer bound by EU legislation, it will not be implementing the NIS 2 Directive, recently adopted by European Parliament and Council. However, the frequency and scale of cyber incidents and consequent increased risk of severe damage has prompted change to UK cyber laws as well.
Continue Reading UK expands scope of NIS RegulationsA sigh of relief? EU-US data transfers
At the end of 2022, the European Commission published its draft adequacy decision on the EU-US transfers of personal data. The draft contains an assessment of the US legal framework around state surveillance. Once in place, EU data transfers to the US under the new Data Privacy Framework (“EU-US DPF”) will be free. However, there are still some steps to take.
Continue Reading A sigh of relief? EU-US data transfersICO provides an alternative to the EDPB transfer impact assessment
On 17 November 2022, the UK Information Commissioner’s Office issued updated guidance on international personal data transfers. The guidance is to be used for transfers of personal data from the UK to third countries. The ICO added a template transfer risk assessment (TRA) to the guidance, which is required when organisations rely on a transfer tool under Article 46 of the UK GDPR, e.g. the ICO’s International Data Transfer Agreement (the UK version of the EU SCCs); the Addendum to the EU SCCs, or the Binding Corporate Rules. The requirement to carry out transfer impact assessments stems from Article 46(1) of the UK GDPR, which states that the transfer mechanisms can be used “on condition that enforceable data subject rights and effective legal remedies for data subjects are available” confirmed by the CJEU’s Schrems II judgement.
The ICO’s TRA offers an alternative approach to the EDPB’s transfer impact assessments (TIA), to assist data exporters with carrying out their analysis to check that that protections under the transfer tool are not undermined by the laws and practices of the recipient third country.
Continue Reading ICO provides an alternative to the EDPB transfer impact assessmentUK Government grants South Korea a data adequacy status
By Asélle Ibraimova & Philip Thomas on
On 24 November 2022, the Data Protection (Adequacy) (Republic of Korea) Regulations were laid before the UK parliament for approval. The Regulations are due to come into force on 19 December 2022. From then onwards, transfers of personal data to South Korea by organisations in the UK may be made without the need to put UK International Data Transfer Agreements (UK versions of the Standard Contractual Clauses) or other transfer tools in place with recipients of personal data in South Korea.
Continue Reading UK Government grants South Korea a data adequacy statusNCSC releases guidance on cyber security in the supply chain
The National Cyber Security Centre (“NCSC“) has published guidance for medium and large organisations on how to assess and improve cyber security in their supply chains. The guidance is a supplement to the NCSC’s supply chain principles.
Continue Reading NCSC releases guidance on cyber security in the supply chainSEC proposal on outsourcing by investment advisers
On October 26, 2022, the Securities and Exchange Commission (SEC) issued a new rule proposal that would prohibit registered investment advisers (IAs) from outsourcing certain services without satisfying due diligence, monitoring and reassessment requirements.
Continue Reading SEC proposal on outsourcing by investment advisersWhat happens when AI goes wrong? The proposed EU AI Liability Directive
By Sarah O'Brien & Sophie Ainscough on
On 28 September 2022, the European Commission published the proposed AI Liability Directive. The Directive joins the Artificial Intelligence (AI) Act (which we wrote about here) as the latest addition to the EU’s AI focused legislation. Whilst the AI Act proposes rules that seek to reduce risks to safety, the liability rules will apply where such a risk materialises and damage occurs.
In a European enterprise survey, 33% of companies considering adopting AI quoted ‘liability for potential damages’ as a major external challenge. The proposed Directive hopes to tackle this challenge by establishing EU-wide rules to ensure consumers obtain the same level of protection as they would if they issued a claim for damages from using any other product.
Continue Reading What happens when AI goes wrong? The proposed EU AI Liability Directive