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Data Protection

Data Protection

GDPR + BREXIT = ?

For the past year or so, two acronyms have evoked a range of emotions in people in the United Kingdom and across the EU whether this be excitement, fear, intrigue or dislike: (1) GDPR; and (2) Brexit.  And now, with Brexit day looming there is increased focus on just how these two acronyms will work together post-Brexit.

As the recent £44 million fine imposed on Google has shown, compliance with the GDPR should be taken seriously and this will continue to be the case post-Brexit.

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LChalmers

It’s good to talk – especially about enforcing your IP rights in Scotland

Before the Christmas madness got too mad, our contentious IP team held a round table discussion with some English based clients and contacts who regularly seek to enforce their IP rights in the Scottish courts.

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Burness admin

Could new data breach laws be set to impact on corporate Scotland?

The financial risk for business presented by serious data breaches is now even more apparent due to the recent Court of Appeal decision against supermarket chain Morrisons.The issue will have particular relevance in Scotland in the coming months because of a new group action mechanism which is designed to make it easier to bring group claims like the Morrisons one. This may affect any businesses with operations or customers in Scotland.

The Court of Appeal confirmed that Morrisons was vicariously liable for the data breaches of an employee. This despite the fact that Morri

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Burness admin

Top 10 Things You Need To Know About GDPR

The General Data Protection Regulation (GDPR) will have a significant impact on how businesses and organisations process personal data.

The law comes into force on 25 May 2018, and introduces a series of new rights and obligations which you need to be aware of when collecting and processing personal data – including data relating to your employees, contractors, customers, suppliers and contacts. With increased public and regulatory scrutiny and the level of fines increasing, the consequences of failing to comply may be severe.

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LChalmers

DataFest - Data challenges and opportunities for Fintech

On Tuesday morning we hosted a DataFest fringe event looking at data challenges and opportunities in the Fintech sector.  This is our second year of supporting Data Lab’s DataFest week – which will see several events taking place this week to celebrate Scotland’s data driven innovation and creativity.

With the arrival of Open Banking, the countdown to GDPR coming into effect and the shift towards the cloud, data is very much on the agenda for Fintech and financial services organisations.  One of the key challenges for the Fintech industry, and with all data driven innovati

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Burness admin

Learning From Our Mistakes

“Insanity is repeating the same mistakes and expecting different results”.

There is no disputing the wisdom inherent in the quote often attributed to Einstein, even if there has been some lively academic debate as to whether or not this was his own work.  Did even Einstein infringe copyright?  In my 20 years of practice in intellectual property law, I have seen many of the same mistakes repeated over and again – fortunately not always by the same person!

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Burness admin

Has Global Cyber Awareness Month put the Spotlight on the NIS Directive?

Callum Sinclair

As we come to the end of Global Cyber Awareness Month, and notwithstanding recent high profile cyber attacks, the spotlight still seems firmly fixed on the EU General Data Protection Regulation (GDPR) and the UK Data Protection Bill, and the significant impact they will have on data protection law.  Taking nothing away from the importance of GDPR, it is perhaps surprising that there has not been more discussion about the Directive on Security of Network and Information Systems (the NIS Directive).  However, depending on your business, it could be just as important. 

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Burness admin

Is it Time for a New Approach to IP Enforcement in Scotland?

Is the landscape of IP enforcement in Scotland changing?   It’s a question which, at first glance, might seem curious.  There have been no seismic changes to the legislation that governs the enforcement of IP rights and no landmark cases in the Scottish courts which might justify that question being asked.

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Burness admin

IT Security - a Health and Safety Issue

The global malware attack which petrified the NHS has thrown into sharp relief that IT security is a health and safety issue.

Ransomware such as that used in the attack on the NHS and others works by blocking access to data until or unless a ransom in paid. And as we have seen, even if paid there can be no guarantee that access will be restored.

It can easily be imagined that if an organisation has no access to vital health and safety documentation such as risk assessments, lone worker systems and the like, that can only heighten operational health and safety risk.

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Burness admin

GDPR And The Pensions Industry: Your First Steps

Sarah Phillips

The new General Data Protection Regulation (“GDPR”) will replace existing European data protection law from 25 May 2018. The changes being introduced are significant and there is a lot to do to get ready.  

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LChalmers