Marcus Evans (UK)

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Marcus is a communications, media and technology lawyer based in London. He focuses on data privacy and IT services.

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UK GDPR Reform: government publishes response to consultation – likely to form basis of forthcoming UK Data Reform Bill

The Department for Culture, Media and Sport (DCMS) has finally published the UK government’s long-awaited response to the consultation on the future of the UK data protection regime. The government set out very high level principles for a Data Reform Bill in the Queen’s Speech in May. If legislation is to be passed in this … Continue reading

Points to note on the European Commission’s questions and answers on the Revised Standard Contractual Clauses (SCCs)

On May 25th 2022, the European Commission published a series of questions and answers on the SCCs to be used between controllers and processors within the European Economic Area (EEA), and the SCCs to be used for transfers to countries not considered adequate by the European Commission (Third Countries) (the Q&As). The text of the … Continue reading

EDPB publishes guidance on calculating GDPR fines

On 12 May 2022 EDPB adopted Guidelines on the calculation of administrative fines (the Guidelines).  The Guidelines supplement the Article 29 Working Party’s Guidelines on the application and setting of administrative fines (WP253) adopted in October 2017 and recommends that the two are read together.  Whereas the previous guidance set out general principles for when … Continue reading

Nascent EU/ US Trans-Atlantic Data Privacy Framework: some points to note

On 25 March the EU Commission (Commission) and United States (US) announced that they had agreed in principle on a new “Trans-Atlantic Data Privacy Framework” (TADPF) to foster trans-Atlantic data flows and address the concerns raised by Schrems II.  We briefly discuss the implications below. The announcement was very high level and short on detail. … 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

The UK National AI Strategy: Regulation, Data Protection and IPR in the Mix

The UK Government has published its National AI Strategy. Click here to read more about what the National AI Strategy says about AI regulation, and its implications for data protection in the UK. In this detailed blog we examine three discrete issues addressed in it (AI regulation, data protection and intellectual property rights) and we … Continue reading

UK Government sets out proposals to shake up UK data protection laws

On 10 September 2021, the UK Government published its consultation paper on proposals to reform the UK’s data protection regime.  The deadline for responding to the consultation is 19 November 2021. In August, the Government announced that it intended to “seize the opportunity” afforded by the UK’s exit from the European Union to makes some … Continue reading

Over-retention of personal data

The declining cost of electronic data storage may have caused some company executives to conclude that retaining personal data forever is “cheap.”  Perhaps the CNIL’s  €1.75 million (USD $2,051,930) penalty for over-retention will lead to a different view. The matter involved one of France’s largest insurers, SGAM AG2R LA MONDIALE, which was subject to an … Continue reading

The UK Government unveils its post-Brexit plans to shake up data protection laws

On 26 August 2021, in a move that puts it on a potential collision course with the EU, the UK Government made a number of announcements relating to the future of the UK’s data protection regime, with the stated intention of “seizing the opportunity” by “developing a world leading data policy that will deliver a … Continue reading

EU – UK data transfers can continue: UK receives much welcome adequacy decision

The European Commission has today published a positive adequacy finding in respect of the UK’s data protection regime (the Decision).  This means that personal data can continue to flow freely from the EU to the UK without the need for organisations to take further measures. For the time-being, however, the Decision does not concern personal … Continue reading

The EDPB publishes its finalised version of the Recommendations on supplementary measures

On 21 June 2021, the European Data Protection Board (EDPB) published its finalised version of the Recommendations on supplementary measures (the Recommendations) to assist companies comply with the Schrems II judgement. This comes just a couple of weeks after the European Commission (the Commission) published new, revised Standard Contractual Clauses (New SCCs) (read our blog … Continue reading

A deeper dive into the new Standard Contractual Clauses

On Friday 4 June, the European Commission published the finalised version of the new Standard Contractual Clauses for transferring personal data from the EU to third countries (the New SCCs).  Privacy professionals have been waiting for the New SCCs for several years and have been particularly interested to know if the New SCCs will help … Continue reading

European Commission publishes much anticipated finalised Standard Contractual Clauses

The European Commission has today published the finalised version of the new Standard Contractual Clauses (the new SCCs).  The purpose of the new SCCs are to help companies legalise transfers of personal data from outside of the EEA.  They will also be a lawful mechanism for UK companies to use too. The new SCCs were … Continue reading

Final Revised SCCs expected as early as next week with Final Revised EDPB Recommendations to follow after 15 June

It was reported yesterday that publication of revised final EU Standard Contractual Clauses may be as soon as next week and that revised final EDPB Recommendations possibly following the EDPB’s next plenary meeting on 15 June.  This follows comments made by Ralf Sauer, EU Commission Deputy Head for International Data Flows, and Alexander Filip, Head … Continue reading

EU Commission draft UK Data Protection Adequacy Decision published

Following nine months of assessment of the UK’s data protection laws (including the rules on access to data by public authorities), the European Commission has today published its draft decision on the adequate protection of personal data by the United Kingdom. The draft decision can be found here. The draft decision is welcome news to … Continue reading

EU data governance regulation – A wave of digital, regulatory and antitrust reform begins – Part Three

On 25 November 2020, the European Commission (EC) published its proposed Data Governance Regulation (the DGR), which will create a new legal framework to encourage the development of a European single market for data. This is part three of a series of three blog posts.  In this blog post, we consider the DGR’s relationship to competition law rules. … Continue reading

EU data governance regulation – A wave of digital, regulatory and antitrust reform begins – Part Two

On 25 November 2020, the European Commission (EC) published its proposed Data Governance Regulation (the DGR), which will create a new legal framework to encourage the development of a European single market for data. This is part two of a series of three blog posts.  In this blog post, we outline the new regimes for data sharing service … Continue reading

EU data governance regulation – a wave of digital, regulatory and antitrust reform begins – Part 1

On 25 November 2020, the European Commission (EC) published its proposed Data Governance Regulation (the DGR), which will create a new legal framework to encourage the development of a European single market for data. This is part one of a series of three blog posts.  In this first blog post, we outline key aspects of the DGR, set … Continue reading

European data export bonanza: revised SCCs and EDPB Schrems II guidance published

On 12 November, the European Commission published revised Standard Contractual Clauses (SCCs) and a draft implementing decision.  A feedback period on the draft documents will run until 10 December.  Therefore, it is not possible to give a precise date for when the draft SCCs will become final but it could be by the end of … Continue reading

Two new CJEU judgments further tighten limits of government surveillance – significant for impending UK adequacy decision and “Schrems II country assessments”

On 6 October 2020, the Court of Justice of the European Union (CJEU) published two decisions that further define the permitted scope of governmental access to personal data. These decisions are relevant in two key areas: Complying with the Schrems II judgement: The judgment provides some guidance on how organisations should undertake the “case-by-case assessments” … Continue reading

ICO provides guidance on calculating monetary penalties

On 1 October 2020, the UK Information Commissioner’s Office (ICO) published draft statutory guidance, providing clarity about how it will regulate and enforce data protection legislation in the UK. The guidance, which sits alongside the ICO’s Regulatory Action Policy, covers the ICO’s range of enforcement powers, but of most interest is the section on how … Continue reading

Schrems II: recent developments – waiting is harder

In the immediate aftermath of the Schrems II judgement, Bruno Gencarelli (Head of the International data flows and protection unit at the European Commission) said that “Schrems II is data transfers from theory to practice”.  There have been several major developments over the last couple of weeks (explained below) which show this to be an … Continue reading

Schrems II landmark ruling: our recommendations

On 16 July 2020, the Court of Justice of the European Union (CJEU) published its decision in the landmark case Data Protection Commissioner v Facebook Ireland Ltd, Maximilian Schrems and intervening parties, Case C-311/18 (known as the Schrems II case).  While the EU-US Privacy Shield (Privacy Shield) has been completely invalidated, the Standard Contractual Clauses … Continue reading

Schrems II landmark ruling: Privacy Shield is invalid, Standard Contractual Clauses are valid but court puts obligations on parties and authorities

The Court of Justice of the European Union (CJEU) has today published its decision in the landmark case, known as Schrems II. While Privacy Shield has been completely invalidated, the Standard Contractual Clauses (SCCs) remain valid, but the court has emphasised obligations on the parties to the SCCs  and Data Protection Authorities which have the … Continue reading
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