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Data Protection

Data Protection

Should We Bother With The New Data Protection Regulation After Brexit?

Ross McKenzie, Associate

It’s a good question to ask, and one more question to add to the many that we will have after the EU Referendum result.

As blogged about previously, the UK’s existing data protection framework is due to be replaced by a new European General Data Protection Regulation. The Regulation has a number of onerous changes which businesses will have to get to grips with. We have two years to get ready for the new law which is due to come into force in the UK on 25 May 2018.

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Burness admin

A Reminder About Our Data Protection in 2016 Survey

Claire Brady

Following our Data Protection Lunch and Learn Seminars that we recently held across Scotland, we have compiled a survey to assess how ready organisations are for the new General Data Protection Regulation.

We’ve had a great response to the survey in such a short space of time so thank you to everyone who has taken part!

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Burness admin

Countdown To Data Protection Changes Starts Now.... How Prepared Are You?

Ross McKenzie

In exactly two years from today – 25 May 2018 – the new General Data Protection Regulation will be brought into force in the UK, bringing about a revolution of data protection laws.

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Burness admin

Brexit: dotting the ‘i’s and crossing the ‘t’s

Since the official start date of the EU Referendum campaign earlier this month, Brexit articles and stories have dominated the press.  A lot of the discussion has been around EU laws and, in particular, what might happen to these laws if the outcome of the Referendum is a Leave vote.  Ultimately, a lot of the questions that have been raised cannot be answered until – if there is a Leave vote – we have a clearer idea of what the UK’s new relationship with the EU will look like.  A summary table is available

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LChalmers

The Wait Is Over... New EU General Data Protection Regulation Formally Adopted

Joanne Snedden

We have been talking and speculating about upcoming data protection reforms for years - but now they are finally here!  After over four years of arduous negotiations through the European institutions, the text of the EU General Data Protection Regulation (GDPR) was finalised on 8 April and formally adopted by the European Parliament last Thursday.

Political agreement on the GDPR was reached just before Christmas last year, and over the last few months we have been getting to grips with the main changes.  Now the legislation has been formally adopted, we have a clearer unde

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LChalmers

Safe Harbor 2.0 – Transferring Personal Information to the US

Joanne Snedden

Last week, the European Commission and their US counterparts reached political agreement on Safe Harbor 2.0, or to give it its official name – the EU-US Privacy Shield.

The agreement follows the European Court of Justice ruling last October that Safe Harbor 1.0, which allowed EU organisations to transfer data to certain certified US companies, was invalid.

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Burness admin

What Next For Safe Harbour?

Yesterday’s decision by the European Court of Justice ruled that the “safe harbour” scheme which permits transfers of personal information to US companies is invalid.

This means that, in the absence of any other steps, transfers of personal information across the Atlantic under the scheme are in breach of European data protection laws. This has pretty major implications for businesses, for the most part in the IT world who host personal data on computer servers in the US.

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LChalmers

ICO Scotland Conference 2015

Helena Brown

Earlier this week I had the pleasure of speaking as a guest at the ICO Scotland conference for 2015. The event was a great opportunity to reflect on everything that has happened in the space of a year, and to take stock of some of the key developments in this fast moving area. Deputy ICO David Smith’s keynote speech summed up very nicely the current thinking from the ICO, straight off the back of the ICO’s hosting of the European Conference of Data Protection Authorities.

Here are some of the most interesting points I took away

On the new EU Data Protection Regulation....

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LChalmers

Surrendering Privacy for Employment Benefits

On Tuesday, I attended the International Pension & Employee Benefits Lawyers Association conference in Brussels to talk about whether privacy concerns are getting in the way of delivering benefits (such as pensions) to employees. I was joined by counterparts from the USA and Canada in a lively panel discussion.

My view is that privacy concerns don't get in the way of delivering benefits in the UK. However they place hurdles that need to be considered by benefit providers to ensure data protection obligations are met.

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LChalmers

FCA/ICO: We’ve Got An Understanding

It’s official: the body responsible for regulating financial business, the Financial Conduct Authority (FCA) and the body responsible for regulating the use of personal data, the Information Commissioner’s Office (ICO) have announced a formal collaboration about how both regulators will share information to work together.

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LChalmers