Lara White (UK)

Subscribe to all posts by Lara White (UK)

ECJ’s ruling on the interpretation of “personal data” and “joint controller” in the context of the IAB TCF Framework

On 7 March 2024, the European Court of Justice (the ECJ) published an important decision in relation to IAB Europe’s Transparency and Consent Framework (the TCF). The judgment of the ECJ is unsurprising given previous case law on the definitions of “personal data” and “controller” under the GDPR and the ECJ’s emphasis that the overarching … Continue reading

The right of access to personal data: a more extensive view?

This article first appeared in PLC Magazine in the January / February 2024 issue of PLC Magazine. The right of access to personal data looks set to be a key focus area for data protection regulators for 2024 in both the EU and the UK. The European Data Protection Board (EDPB) announced that its 2024 co-ordinated … Continue reading

The EU’s AI Act: the position is agreed

In the early hours of the morning of Saturday 9 December 2023, the European Parliament (the Parliament) and the Council of the EU (the Council) reached an agreement on the outstanding points on the EU’s Regulation on artificial intelligence (AI Act).  Talks had previously stalled over how to regulate AI trained on large amounts of … Continue reading

Artificial Intelligence (Regulation) Bill: UK Private Members’ Bill underscores wide-spread regulatory concerns

A Private Members’ Bill, the Artificial Intelligence (Regulation) Bill (the Bill), has been introduced into House of Lords (the UK’s upper House of the UK Parliament) and is currently at the second Parliamentary stage. The King’s Speech, which set out the agenda for the current Parliamentary session, did not contain any proposals from the Government for legislation on AI, … Continue reading

Informative preparatory papers on state of frontier AI and potential safety risks for UK AI Safety Summit published

On 26 October, the UK prime minister gave a speech on the AI Safety Summit to be hosted in the UK on 1 and 2 November. The summit will bring together representatives from large lab AI companies, world governments and civil society to discuss safety risks arising from frontier AI. Frontier AI is “highly capable … Continue reading

UK Information Commissioner’s Office Publishes Final Guidance On Employee Monitoring

The UK Information Commissioner’s Office (ICO) published its final guidance on monitoring workers on 3 October 2023 (the Guidance).  The Guidance is aimed at employers across both the private and public sector.  Responding to the rise of remote working and new technologies available to monitor employees, the ICO has looked to provide clear direction on … Continue reading

An overview of the European digital strategy

We have published an article, EU: An overview of the European digital strategy, explaining the aims and key components of the EU digital strategy, outlining at a high-level key legislation that has been published in this space in the past three years and highlighting the way in which the various legislative instruments interact with each … Continue reading

European Commission adopts its adequacy decision for the EU-US Data Privacy Framework

On 10 July, the European Commission adopted its adequacy decision for the EU-US Data Privacy Framework (the DP Framework). It thereby declared that the United States (the US) ensures an adequate level of protection for personal data transferred from the EU to US companies that have self-certified their adherence to the DP Framework Principles. More … Continue reading

The ICO urges organisations to start using privacy enhancing technologies to share personal data safely, securely and anonymously

On 19 June 2023, the UK Information Commissioner’s Office (the ICO) published guidance on privacy enhancing technologies (or PETs) (the Guidance). The Guidance sits alongside the ICO’s recommendation that organisations should, if they haven’t already, start using PETs to share personal data safely, securely and anonymously. Structure of the Guidance The Guidance is split into … Continue reading

New commitments in principle regarding UK to USA data transfer mechanism

On 8 June 2023, the UK Secretary of State for Science, Innovation, and Technology and the US Secretary of Commerce issued a joint Statement confirming that the UK and the USA have committed in principle to establishing a “data bridge” to allow for the free flow of data between organisations in the UK and participating … Continue reading

Privacy notices – the ICO follows the lead of the EU data protection authorities in their interpretation of Article 13 UK GDPR

Introduction On 15 May, the ICO published the monetary penalty notice (MPN) in relation to the £12.7 million fine it imposed on TikTok in April. This MPN and its accompanying annexes set out details of TikTok’s non-compliance with data protection law and the reasons why the ICO considered that a fine was appropriate. Whilst a … Continue reading

Schrems II – Irish DPC finally issues its decision – suspension order, deletion/ repatriation of data and fine

Introduction: On 22 May, the Irish Data Protection Commissioner (the DPC) published its decision against Meta Platform Ireland Ltd (Meta Ireland) in relation to Facebook’s transfer of user’s personal data to the US (the Decision). In it, the DPC ordered Meta Ireland to suspend Facebook’s future transfers of personal data to the U.S. within five … Continue reading

Everyone is using ChatGPT what does my organisation need to watch out for

In December 2022, OpenAI released ChatGPT, a powerful AI-powered chatbot that could handle users’ questions and requests for information or content in a convincing and confident manner. The number of users signing up to use the tool increased very rapidly, with users using the tool to write letters, edit text, generate lists, prepare presentations and … Continue reading

UK AI White Paper

At last, UK Government publishes its White Paper on AI – “A pro-innovation approach to AI regulation” – an opportune start, but as expected, a framework with detail to follow… The Department for Science, Innovation and Technology, has finally published its AI regulation white paper (the ‘White Paper’). Here are the key elements: What AI … Continue reading

EDPB Guidelines on international transfers: 6 key takeways

EDPB Guidelines on the interplay between Article 3 and the provisions in Chapter V of the General Data Protection Regulation on international data transfers On 14 February 2023, the European Data Protection Board (EDPB) published its Guidelines on the interplay between Article 3 and the provisions in Chapter V of the General Data Protection Regulation … Continue reading

New guidance on direct marketing

Introduction On 5 December 2022, the Information Commissioner’s office (ICO) published its new guidance on direct marketing (the Direct Marketing Guidance). The Direct Marketing Guidance is accompanied by various resources, including checklists, FAQs, an online training module, specific guidance relating to SMEs, B2B marketing, data brokers, political campaigning and direct marketing in the public sector. … Continue reading

Draft European Commission EU-US Data Privacy Framework adequacy decision published

On 13 December, the European Commission launched the process to adopt an adequacy decision for the EU-US Data Privacy Framework (EU-US DPF).  The draft decision – available here – addresses the concerns raised by the Court of Justice  of the European Union (CJEU) in its Schrems II decision of July 2020.  These concerns centred around … Continue reading

New UK guidance on Transfer Risk Assessments

On 17 November 2022, the Information Commissioner’s Office (ICO) published an update to its guidance on international transfers (Transfers Guidance).  This included specific guidance about transfer risk assessments or TRAs and a tool for undertaking TRAs (the TRA Guidance and TRA Tool, respectively).  In its blog post accompanying the updated Transfers Guidance, the ICO makes … Continue reading

Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities: Paving the way toward adequacy

As reported in our previous blogpost, on 7 October 2022, the US White House published an Executive Order on enhancing safeguards for United States signals intelligence activities (EO). In this blogpost, we set out the key points to note, including the background to the EO, what it does and does not do and what organisations … Continue reading

First part of EU/ US Transatlantic Data Protection Framework published today

On 7 October 2022, the US White House published the Executive Order on enhancing safeguards for United States signals intelligence activities. This action is the first part of the US legal apparatus required for the EU Commission to find certain transfers to the US to be adequate. It is also likely in due course to … Continue reading

Belgian DPA fines IAB Europe over its consent framework’s GDPR violations

On 2 February 2022, the Belgian Data Protection Authority (the BDPA) fined IAB Europe for various infringements in relation to the IAB Transparency and Consent Framework. This decision could have a huge impact on the majority of players in the online adtech ecosystem who rely on the framework. Background The Interactive Advertising Bureau Europe’s (IAB) … Continue reading

UK finally publishes revised standard form international data transfer agreements and conversion addendum for the use of revised EU SCCs

The UK government has finally published the UK’s own standard form international data transfer agreement (UK IDTA) for transferring personal data outside the UK to countries not deemed to have adequate data protection regimes. It has also published a standard form international data transfer addendum to the revised EU SCCs (EU SCC UK Conversion Addendum) … Continue reading
LexBlog