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Ransomware - why paying up earns no credit with the UK's Data Protection Authority and others

In a joint letter this summer, the UK’s data protection regulator (the ICO) and the UK’s National Cyber Security Centre (the NCSC) sought to convey some key messages to the legal profession relevant to advising clients...more

UK Data Reforms - Cautious First Steps Along the EU Adequacy “Tightrope”

The UK government set out its detailed proposals for data protection reform on 18 July 2022 in the form of the Data Protection and Digital Information Bill. Compared with some of the radical ideas in the 2021 public...more

EU-US data transfers - State of Play on "Privacy Shield 2.0"

Since the Schrems II 2020 judgment famously “cancelled” the EU/U.S. Privacy Shield program for personal data flows from the EU to the United States, it would be an understatement to say that U.S.-bound personal data flows...more

Government breaks new ground with revised Online Safety Bill

The latest version of the Online Safety Bill was introduced in the UK’s Parliament on 16 March 2022. It now begins the process of being scrutinised, amended and debated on but it is anticipated that this is the version that...more

A refresher on copyright - Lennox Estates v S&W Ventures

Imagine...you own a site. You give an option to a developer to buy that site subject to obtaining planning permission. It gets the planning permission, using planning drawings prepared by a firm of architects that it engages,...more

BCLP Global Data Privacy FAQs: UK gets its Adequacy Decision from the EU, now what does that mean in practice?

On 28 June, the European Commission adopted its Adequacy Decision for the UK, putting to an end (at least for now), the uncertainty surrounding EU to UK personal data flows. This averted a “cliff edge” in the shape of the 30...more

Who, Sir? Me, Sir? Appointing GDPR Representatives in the UK and the EU

This article explores the topic of appointed representatives under Article 27 of the GDPR. What are they? When do you need one? How is regulatory enforcement starting to play out in the EU and in the UK on this issue?...more

The Data & Brexit Digest – Drafting tips for contracts and policies

With the UK now unambiguously out of the EU, the EU General Data Protection Regulation (2016/679) (“EU GDPR”) has been replaced by the United Kingdom General Data Protection Regulation (“UK GDPR”). In this third instalment of...more

Changing packing and packaging waste obligations for retailers and manufacturers in England - are you affected?

On 1 January 2021, changes came into effect that affect recovery and recycling targets for packing and packaging waste for retailers and manufacturers in England. With significant change already imminent for UK retailers and...more

Asymmetric Exhaustion of Rights between EU27 and UK set to begin at the end of the Transition Period …but for how long?

As the end of December 2020 approaches, IP owners preparing for the end of the transition period need to be aware of the changes being made to the exhaustion of IP rights regime, to: (i) avoid being caught off guard and...more

Protecting your investment in databases created in the UK or the EU during the transition period (and afterwards)

The UK introduced the free-standing (‘sui generis’) EU database right in 1997. This right gives protection to a maker of a database, where a substantial investment has been made in either obtaining, verifying or presenting...more

UK Consumer Protection Update: How is the EU approaching consumer protection issues in 2020?

Prior to the Coronavirus outbreak, the European Commission was making substantial progress with its Digital Single Market strategy, aimed at ensuring better access to online goods and services by limiting barriers to...more

How have UK and US outsourcing arrangements been affected by the COVID-19 outbreak?

With outsourced services capable of being provided (in many cases) far from a customer’s site, in the early stages of the COVID-19 outbreak, customers and suppliers may have been confident that their outsourcing strategy...more

European and US regulators consider efforts to combat counterfeit goods

Reducing sources of counterfeit or grey market goods is a perennial challenge for every brand owner. Recent parallel developments in the EU and the US show how legislators are tackling the issue of counterfeit goods on online...more

.eu domain names, the transition period and update on GDPR restricted ICANN registrant data

UK businesses face a number of challenging interlocking issues in the run up to the end of the transition period on 31 December 2020. What could slip off the corporate risk radar are the smaller administrative matters....more

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