Life with GDPR

Tom Fox and Jonathan Armstrong, renowned expert in cyber security, host the award-winning Life with GDPR. In this episode, Tom and Jonathan discuss the role of the Data Protection Officer (DPO) in light of GDPR - an important requirement outlined in Article 37. They discuss how the European Court of Justice views the role, how Germany had a DPO system in place prior to GDPR  and the fact that DPOs...

Tom Fox and Jonathan Armstrong, renowned expert in cyber security, host the award-winning Life with GDPR. In this episode, Jonathan Armstrong shares that SARs remain a significant area of concern for businesses. He joins Tom to discuss a recent individual’s complaint with the Austrian DPA, in which the response was incomplete and the individual took their case to an Austrian Federal Administrative...

Tom Fox and Jonathan Armstrong, renowned expert in cyber security, co-host the podcast Life with GDPR. In the most recent episode, they review the recent sanctions the UK and US have imposed on seven Russia-based individuals linked to ransomware. They explain that there are around 20-30 known vulnerabilities in software that could be responsible for the majority of ransomware attacks, and if these...

Jonathan Armstrong and Tom Fox return for another episode of the award-winning Life with GDPR. In this episode, we take up NIS II and are pleased to be joined by Jonathan Marks and Matt Kelly for a robust conversation. Highlights include: What is NIS II and how does it differ from NIS I? NIS II governs by sectors. What are the implications for global companies? Where can you go for more informatio...

Jonathan Armstrong and Tom Fox return for another episode of the award-winning Life with GDPR. Data protection has become a priority for many authorities with the French regulator, CNIL,  recently issuing fines and penalties to Microsoft for not complying with the data protection laws. Changes were made to their practices in March 2022, and similar action was taken against Google and Amazon. In th...

Jonathan Armstrong and Tom Fox return for another episode of the award-winning Life with GDPR. In this episode, we discuss the recently released find by the Ireland Data Protection Commission against Meta for two legacy companies, €210m for its Facebook operation and €180m for Instagram for GDPR breaches.  The DPC also ordered Meta to change its data protection practices within three months.  Thos...

Jonathan Armstrong and Tom Fox return for another episode of the award-winning Life with GDPR. In this episode, we discuss the recent ABB Foreign Corrupt Practices Act resolution. Jonathan considers the ABB enforcement action from the UK perspective and opines how a UK judge might consider the company’s recidivism differently than the DOJ did. He rants about ongoing tech scams.   Some of the highl...

Jonathan Armstrong and Tom Fox return for another episode of the award-winning Life with GDPR. In this episode, we discuss the recent conviction of Joe Sullivan former CISO at Uber for his role in hiding a data breach which hit the company. Sullivan was convicted in the US in October 2022 in connection with an investigation into a ransomware attack on Uber in 2016. However, we look at the convicti...

Jonathan Armstrong and Tom Fox return for another episode of the award-winning Life with GDPR. In this episode, we discuss the recent action by the ICO against seven UK organizations that failed to respond to Subject Access Requests (SAR), which follows a trend across Europe of more enforcement action on SAR. Some of the highlights  include:  1.     What is a Subject Access Request (SAR)? 2.     W...

Jonathan Armstrong and Tom Fox return for another episode of the award-winning Life with GDPR. In this episode, we discuss the recent fine by the Irish Data Protection Commission levied against Meta for €405 million for Instagram Data Protection Infringements. Some of the highlights  include:  1.     What is the background to the case? 2.     What was the basis for the fine? 3.     What happens ne...

Jonathan Armstrong and Tom Fox return for another episode of the award-winning Life with GDPR. In this episode, we discuss the US/EU/UK agreement for data transfer from the EU/UK to the United States under the Data Protection Framework. Some of the highlights  include: 1.     What is the Data Protection Framework? 2.     How will the Data Protection Review Court work? 3.     What dare the safeguar...

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we discuss the changes in the UK Data Privacy regime currently proposed in the wake of Brexit. Some of the highlights include: Why these changes are so significant. Are things really more complicated now? What does it mean for compliance? What happens next? Will the new PM request any changes? Practical s...

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we discuss Lloyd’s of London announcement of its coverages for cyber-breaches by state actors. Some of the highlights  include:  1.     Why this change is so significant. 2.     What does it mean for compliance? 3.     What happens next? 4.     Practical steps you can take now. Resources For more informat...

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we discuss the NOYB announcement that it had filed an additional 226 complaints to Data Protection Authorities in 18 countries over the use of OneTrust cookie banners. Some of the highlights include: Previous enforcement actions on cookie banners. The NOYB campaign. What happens next? Practical steps you...

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we discuss British Prime Minster Boris Johnson’s recent announcement that he will be resigning as British PM when his successor is announced. Some of the highlights include: Reasons for the resignation. Candidates for the PM role going forward. Key compliance and related issues for the new PM going forwar...

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we review the recently released European Data Protection Board (EDPB) draft guidance on calculating fines entitled “Guidelines 04/2022 on the calculation of administrative fines under the GDPR”. Some of the highlights  include:  1.     There have been just under 1.5 billion in overall fines under GDPR. 2....

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we review the recently released Financial Reporting Council (FRC), the UK Anti-Slavery Commissioner, and Lancaster University (Management School) report on a sample of a hundred major companies’ modern slavery statements and their strategic and governance reports. Some of the highlights  include: 1.     W...

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we take up a fine in the UK by the ICO against Clearview AI. We have discussed other EU countries’ fines against Clearview previously. Some of the highlights include: What is this case all about? What did the ICO decide? Why is AI under the spotlight again? Other actions and penalties against Clearview? K...

Tom Fox returns for another episode of Life with GDPR. Jonathan Armstrong is on assignment this week, so we are joined by our colleague André Paris, a Brazilian Privacy and Compliance Consultant, Professor and Lawyer. Andre is the author of the book "Ethics and Transparency - A Path to Compliance". He is a specialist in building a Corporate Culture based on Ethics, Transparency and Respect. Experi...

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we take up the proposed agreement for data transfers from the EU (and UK) to the US. Some of the issues we consider in the myriad of questions around this latest version of Privacy Shield include:  1.     Is this simply an agreement to agree? 2.     Who will populate the independent court review in the US...

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we consider the Italian Data Protection Authority (the Garante) fine against Clearview AI €20m for GDPR violations.  It is the latest in a series of regulatory actions in Europe and in Australia against Clearview AI and it also continues a trend of AI enforcement in Italy. 1.     Who is Clearview AI? 2.  ...

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we consider the UK Data Protection Authority, the Information Commissioners Office (ICO) recent announcement that it had fined a law firm, Tuckers Solicitors LLP for GDPR breaches.  Tuckers was fined £98,000 after being hit by a ransomware attack. 1.     Law firms are not unique. 2.     What about other l...

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, consider the recently announced EU/US resolution to allow data transfer from the EU to the United States through the mechanism of Privacy Shield 3. Some of the issues we consider include: 1.     Is it Déjà vu all over again? 2.     What about consent and standard contractual clauses as a basis for data tr...

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In the 2020 Morrisons case the UK Supreme Court ruled that an employer can be legally responsible for data breaches caused by their employees, although in the particular situation in that case the court ruled that Morrisons (the employer) was not liable for the actions of their rogue employee. In this episode, Tom and Jon...

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, dissect the case of the Smart TV and considers its implications for de minimis cases brought under GDPR. Some of the issues we consider include: 1.     What were the underlying facts of the case? 2.     Was the case filed in the correct court (High Court)? If not, why not? 3.     What was the court’s ruli...