News & Analysis as of

United Kingdom Personal Data Consent

A&O Shearman

ICO reports findings of children's data protection in financial services

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The Information Commissioner's Office (ICO) has published its report alongside a press release following a review into the gathering and use of children's data in financial services, particularly from services supplying them...more

A&O Shearman

High Court rules on standard of consent required for profiling and direct marketing

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On January 23, 2025, Mrs Justice Collins Rice of the UK High Court issued a ruling in the case of RTM v Bonne Terre Limited and Hestview Limited (trading as Sky Betting and Gaming, (SBG)). The claim - The judgment...more

Cooley LLP

ICO Releases ‘Consent or Pay’ Guidance

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What happened? The UK Information Commissioner’s Office (ICO) has released updated guidance on ‘consent or pay’ business models. These models present users with a choice to either consent to the processing of their...more

DLA Piper

UK: Gambling Operator Held Liable for Breaching Data Protection Law

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In RTM v Bonne Terre Limited Hestview Limited, the English High Court found the Defendants, operating as Sky Bet (SBG), liable for breaches of data protection law. The claim raises important points of law for all...more

Fox Rothschild LLP

Valid Consent: General Public vs. Gamblers

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A new decision by the United Kingdom’s high court says that even if you have cookie and marketing consent mechanisms that are sufficient for valid consent under privacy laws for the general public, they may not be enough for...more

DLA Piper

UK: Data Protection Authority Issues Reprimand to Gambling Operator for Unlawfully Processing Personal Data

DLA Piper on

On 16 September 2024, the UK’s data protection authority, the Information Commissioner’s Office (ICO), issued a reprimand against Sky Betting and Gaming (SkyBet) for unlawfully processing people’s data through advertising...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

International Data Transfers Remain Under EU and UK Regulatory Scrutiny

Organisations that make international transfers of personal data have undergone significant challenges and changes over the last few years. With the invalidation of the Privacy Shield agreement in 2020 and the introduction of...more

A&O Shearman

Adtech – the Final Countdown?

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On 19 November 2019 the UK ICO held a follow-up to its Adtech Fact Finding Forum (held in March 2019). With several key adtech players having aired their concerns, challenges and frustrations back at the March forum, the mood...more

Latham & Watkins LLP

Adtech and Real Time Bidding in the Regulatory Crosshairs

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UK data protection regulator demands companies in the RTB ecosystem re-evaluate privacy notices, use of personal data, and lawful basis. The UK Information Commissioner’s Office’s (ICO’s) latest report into adtech and real...more

BCLP

GDPR Privacy FAQs: Do cookie banners that disclose the use of analytics or behavioral advertising cookies, and state that...

BCLP on

Probably not. A data subject’s consent to the use of analytics or behavioural cookies must be a valid “affirmative act.”  While it may be argued that the data subject is indeed performing an “affirmative act” by continuing...more

BCLP

GDPR Privacy FAQs: Do European privacy laws require a cookie banner when a company uses first-party session cookies?

BCLP on

Probably not. A cookie can qualify as “personal data” under GDPR when it can be linked to an individual person.  Even in instances where a cookie cannot be linked, it is still governed by the ePrivacy Directive and...more

WilmerHale

UK ICO Report Scrutinizes Adtech Industry, Focusing on Real-Time Bidding Systems, Threatens Sweep in Six Months

WilmerHale on

In recent months, the Office of the Information Commissioner of the UK (“ICO”) has been looking into how personal data is used in real time bidding (“RTB”) in programmatic advertising, involving key stakeholders, including in...more

Latham & Watkins LLP

What Companies Can Learn From CNIL’s Privacy Consent Cases on Targeted Marketing

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The closure of four cases involving targeted advertising provides lessons for navigating compliance standards under the GDPR. The recent closure of cases brought by the French Data Protection Authority (CNIL) against four...more

White & Case LLP

No Deal: Data Protection Compliance After Brexit

White & Case LLP on

On 29 March 2019, the UK will formally leave the EU unless an extension, or a negotiated solution, is agreed between the UK and the European Commission. There is currently no agreement regarding the UK's status from a data...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

“We’re Updating Our Privacy Policies” - Consent Under the GDPR

With the General Data Protection Regulation (GDPR), the European Union’s new privacy law having come into effect on 25 May 2018, thousands of companies have been flooding inboxes in recent weeks with emails asking for consent...more

Cooley LLP

Blog: GDPR – Do I Need Consent to Process Personal Data?

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If you are handling personal data of EU citizens, you will need some justification in order to do so. Under the new rules, the basic concept of consent has not changed, nor has its role as a lawful basis for processing...more

Hogan Lovells

UK ICO Publishes Guidance on Consent Under GDPR

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The UK Information Commissioner’s Office has just published draft guidance on consent under GDPR. This is an interesting move given that the Article 29 Working Party has promised guidance on the same topic later this year,...more

Mintz - Privacy & Cybersecurity Viewpoints

It’s Not Too Early! ICO Guidance Regarding Consent Under GDPR

The European Union’s General Data Protection Regulation (the “GDPR”) goes into effect in a little over fourteen months and from a quick glance at our bullet points analysis you can see there is a lot to consider. One crucial...more

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