Life with GDPR

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we celebrate the 10-year anniversary of the initial proposal of the law which became GDPR. Some of the issues we consider include: What was in the original proposal that did not become enacted in the final law? Reduction in costs-what happened? Right to be Forgotten, morphed into something very different...

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we take a deep dive into class action litigation in the UK and EU around data privacy and data protection. Some of the issues we consider include: 1.     Has the tide turned in favor of defendants in class action litigation in the UK? 2.     Are actual damages now required to receive damages after a data...

Jonathan Armstrong returns from assignment to take on a potpourri of issues with co-host Tom Fox. In this episode, we consider some of the issues from the Blackbaud data breach enforcement action. Some of the issues we consider include: Does this matter signal a priority in risk shifting by the regulators? Implications for class actions involving customers. Hardening of the insurance market regard...

Jonathan Armstrong returns from assignment to take on a potpourri of issues with co-host Tom Fox. We use the recent speech by Deputy Attorney General Lisa Monaco as a jumping off point to discuss how this change in DOJ enforcement policy and focus will be impacted by GDPR, the new EU Whistleblower Directive and how increased international cooperation around international anti-corruption compliance...

Jonathan Armstrong is on assignment in Cornwall so for this episode Cordery Compliance co-founder Andre Bywater joins Tom Fox to discuss issues relating to the upcoming EU Whistleblower Directive, with a go live date of December 17. This is Part 2 of a special 2-part episode. Some of the questions we consider include: What about whistleblowing and data protection issues? Are individuals subject to...

Jonathan Armstrong is on assignment in Cornwall so for this episode Cordery Compliance co-founder Andre Bywater joins Tom Fox to discuss the upcoming EU Whistleblower Directive go live date of December 17. This is Part 1 of a special 2-part episode. Some of the questions we consider include: 1.     Why is the EU tackling whistleblowing & what EU areas fall in scope? 2.     Who can be a whistleblow...

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. In this episode we take up a recent decision from Luxembourg which would seem antithetical to good whistleblower practices. We also consider the upcoming EU Whistleblower Directive go live date of December 17. Some of the questions we consider include: 1.     What are the f...

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. In this episode we take up Jonathan’s (current) favorite GDPR enforcement action, involving the food deliver services Deliveroo and Foodinho, who ran afoul of the Italian data protection authority.  Some of the questions we consider include: What are the facts of the enforc...

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. In this episode the always difficult decision of whether to pay or not to pay a ransomware demand. Some of the questions we consider include: 1.     How does a ransomware attack occur?  2.     What are the potential legal and commercial risks of paying ransoms? 3.     What...

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. In this episode we consider due diligence in mergers and acquisitions from the data privacy/data protection perspective. What should you review? Who should you talk to? What reps and warranties should you consider? These questions and much more on this edition of Life with...

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today we conclude a special two-part episode in honor of the 3rd anniversary of the go-live of GDPR. We review five key developments in GDPR review, regulation and enforcement over the past 3 years. In Part 1, we looked at the increased militancy in GDPR enforcement, both f...

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today we begin a special two-part episode in honor of the 3rd anniversary of the go-live of GDPR. We review five key developments in GDPR review, regulation and enforcement over the past 3 years. In this Part 1, we look at the increased militancy in GDPR enforcement, both f...

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we conclude a 3-part series on issues relating to GDPR after Brexit. They include data protection, data transfer and issues related to trade sanctions, AML and export control. In this episode we consider trade sanctions, anti-money laundering and export control after...

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we continue our 3-part series on issues relating to GDPR after Brexit. The topics we discuss include data protection, data transfer and issues related to trade sanctions, AML and export control. In this episode we consider data privacy and data transfers after Brexit...

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we begin a 3-part series on issues relating to GDPR after Brexit. They include data protection, data transfer and issues related to trade sanctions, AML and export control. In this episode we consider data protection. Highlights include: Does GDPR still exist in the...

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we take a look at the recent UK Supreme Court decision in the KBR document production case. KBR succeeded in its UK Supreme Court battle with the Serious Fraud Office (SFO). The case is interesting both in connection with the seizure of documents in SFO investigation...

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we take a look back at some of Jonathan’s most significant cases, enforcement actions and events in data privacy/data protection in 2020. We also consider the potential impact of Brexit on data transfers between the UK and the EU and how this will impact data transfe...

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we consider EU courts reducing fines and penalties assessed by data protection regulators. The case reminds us that, as we said before, data protection authorities are likely to face challenges to high fines in the courts. In some respects, the fine mechanism in GDPR...

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we consider the Experian enforcement action. Recently, the UK Data Protection Authority, the Information Commissioner’s Office (ICO), slapped Experian with an enforcement notice requiring the company to make major changes to how it processes personal data in its UK m...

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we consider the increase in subject access requests (SARs) and other liability issues under GDPR. Recently, the UK Data Protection Authority, the Information Commissioner’s Office (ICO), issued new guidance on handling SARs. The guidance follows responses from organi...

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. In this episode, we consider recent decision by the Hamburg Data Protection Authority which fined H&M Germany €35.2m for GDPR violations. The case concerned excessive use of employee data and is the largest fine so far imposed by regulators for the handling of employee data...

In this episode, I am joined by Jed Gardner of Linedata to discuss some of the practical aspects the Schrems III case, where the Court invalidated Privacy Shield. Some of the highlights are: Why was this and what are the wider impacts to transatlantic digital trade?  When does this come into effect? Is there any grace period?  Let’s look at a transatlantic organization (Investment Firm). What risk...

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we do our first emergency podcast based upon the European Court of Justice’s decision handed down July 16 on the Schrems III case, where the Court invalidated Privacy Shield. Some of the highlights are:  What were the issues involved in this case? What did the Court...

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we consider recent decision by the Swedish Data Protection Authority recently imposed a fine of 200,000 Swedish kronor (approximately €18,700 or $21,320) on the Swedish National Government Service Centre (“the NGSC”) for failing to notify both the Data Protection Aut...

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we consider recent decision by the Belgian Data Protection Authority which imposed a fine of €50,000 ($54,203) on an un-named organization for non-compliance with the GDPR conflict of interest requirement; in the selection of its Data Protection Officer.  Some of the...