On 13 March 2023, the Information Commissioner’s Office (‘ICO’) published new guidance, ‘Privacy in the product design lifecycle’, to help technology professionals, such as UX designers, product managers and software engineers, keep data protection considerations at the forefront of their products and services. The guidance describes how to tackle privacy issues arising at each stage of the design and development process, as summarised below.Continue Reading Takeaways from ICO’s “Privacy in the product design lifecycle” guidance

The Critical Entities Resilience Directive (‘CER’) entered into force on 16 January 2023, replacing the 2008 European Critical Infrastructure Directive. The new rules are aiming to strengthen the resilience of critical infrastructure to a range of threats, including natural hazards, terrorist attacks, insider threats, or sabotage. The CER Directive introduces new obligations on entities providing

On 8 March 2023, the UK government presented a new version of the UK Data Protection and Digital Information Bill No.2. As with the previous bill, the new bill aims to alleviate the burden of compliance with the UK GDPR and its implementing UK Data Protection Act (2018) for organisations in the UK.Continue Reading UK Data Protection Bill No.2 – What is changed?

The European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (‘LIBE Committee’) and the European Data Protection Board (‘EDPB’) have recently issued opinions on the European Commission’s draft US adequacy decision (‘Draft Adequacy Decision‘) for the EU-US Data Privacy Framework (‘Framework‘). Both believe there is more

The European Union’s Second Network and Information Systems Directive (“NIS2”) entered into force on 16 January 2023, and replaces the NIS 1 Directive.  NIS2 aims to “improve the resilience and incident response capacities of both the public and private sector and the EU as a whole”. In addition to the EU’s NIS2 update, the UK has also recently expanded its Network and Information Systems Regulations, and further details can be found in our blog here.  The revised directive aims to remove divergences in cybersecurity requirements and in implementation of cybersecurity measures in different member states. To achieve this, it sets out minimum rules for a regulatory framework and lays down mechanisms for effective cooperation among relevant authorities in each member state. It updates the list of sectors and activities subject to cybersecurity obligations, and provides for remedies and sanctions to ensure enforcement.Continue Reading NIS2 toughens up EU’s cyber security obligations

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 assessment

The Competition & Markets Authority (‘CMA’) published its response to the Department for Digital, Culture, Media & Sport (‘DCMS’) policy paper on establishing a pro-innovation approach to regulating artificial intelligence (AI) on 29 September 2022. This is in parallel with the coming into force of the new National Security & Investment Act 2021, under which the UK government is scrutinising transactions that use AI to produce goods, services and technology with the potential to track individuals, objects and events.

In its response, the CMA commented on the need to (i) adopt a risk based approach to the regulation of AI, (ii) consider whether existing regulatory powers are appropriate, and (iii) encourage collaboration between regulators.Continue Reading The CMA’s shares its thoughts on a ‘pro-innovation’ approach to regulating artificial intelligence

The European Commission published a proposal for a Cyber Resilience Act on 15 September 2022 (the ‘Regulation’), which aims to:

  • ensure that cyber security is considered during the development of hardware and software products and is continuously improved throughout that product’s life cycle; and
  • improve transparency so that users can take cybersecurity into account when selecting and using a product with digital elements.

Continue Reading EU Commission proposes Cyber Resilience Act to bolster the EU’s cyber security rules.

On 26 September 2022, the UK Information Commissioner’s Office (“ICO”) issued a blog post addressing compliance with data subject access requests (“DSARs”).

A DSAR is a written request by an individual to an organisation asking for access to the personal information it holds on them. This is a legal right everyone in the UK has and can be exercised at any time for free (in most circumstances).Continue Reading ICO issues guidance on responding to subject access requests