Gareth Kristensen’s practice focuses on intellectual property, technology, and data matters in the context of corporate and commercial transactions.

The Information Commissioner’s Office (“ICO”) has opened a consultation on new draft guidance on monitoring at work (the “Draft Guidance”).  The Draft Guidance applies in both the private and public sectors in respect of any worker, a term which is used to include employees as well as non-employee workers, independent contractors and volunteers.
Continue Reading UK ICO Issues Draft Guidance on Monitoring at Work

Today, after over two years of detailed negotiations, President Joe Biden signed an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities (the “Order”)  outlining steps the U.S. will take to implement its commitments under the European Union-U.S. Data Privacy Framework, originally announced by President Biden and European Commission President Ursula von der Leyen in March of 2022 (as previously discussed here).[1]
Continue Reading President Biden Signs Executive Order on New EU-US Data Privacy Framework

On September 5, 2022, following the election of the new UK Prime Minister, the UK Government decided not to proceed with the second reading and other motions relating to the Data Protection and Digital Information Bill (the “Bill”), which was due to have taken place on the same day.  According to the Leader of the House of Commons, this Bill was pulled as “to allow Ministers to consider the legislation further”.
Continue Reading UK’s Data Protection and Digital Information Bill: An Uncertain Direction

On May 3, 2022, the European Commission published its proposal for a regulation on the “European Health Data Space”.

The EHDS is a talismanic European healthtech initiative that could revolutionize access to a deeper pool of EU-wide health data and unlock significant tech, AI and data analytics innovation.  As a core part of the Commission’s

After nearly two years of detailed negotiations, on March 25, 2022, U.S. President Joe Biden and European Commission President Ursula von der Leyen announced an “agreement in principle” on a new Trans-Atlantic Data Privacy Framework (the “Framework”) to re-establish an important legal mechanism to effectuate cross-border transfers of personal data from the EU to the U.S. The Framework is hoped to address concerns raised by the decision of the Court of Justice of the European Union (the “CJEU”) in Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (2020) (“Schrems II”).
Continue Reading Schrems III? The European Commission and U.S. Government Announce New Trans-Atlantic Data Privacy Framework

On 10 November 2021, the Supreme Court of the United Kingdom handed down its much-awaited judgment in the case of Lloyd v Google LLC [2021] UKSC 50.  The Supreme Court unanimously ruled that the claim, which is a representative action alleging breaches of the Data Protection Act 1998 (“DPA 1998”), could not proceed.

The Supreme

The past few years have brought monumental changes to how we handle international data transfers from the EU. Schrems I, GDPR, Schrems II, Brexit and now the new Standard Contractual Clauses, published in June, 2021.

Here we share our views on improvements and challenges this modernised version of the SCCs has brought and how it

On 11 February 2021, the Abu Dhabi Global Market (“ADGM”), Abu Dhabi’s financial free zone, enacted the new Data Protection Regulations 2021 (the “Regulations”), replacing the Data Protection Regulations 2015 in their entirety and bringing the ADGM regime closer to the European Union’s data protection regime under the General Data Protection Regulation (“GDPR”).

Our alert memo, published at the end of 2020 following the ADGM’s opening of a public consultation period on the draft Data Protection Regulations 2020 (the “Draft Regulations”), provides an overview of the key features of the Draft Regulations, areas of overlap with the GDPR, as well as certain proposed departures from the GDPR that will need to be monitored by organisations doing business in both the ADGM and the European Union.

The Regulations are applicable to those processing personal data where a controller or processor has been established in the ADGM, regardless of whether the processing actually takes place in the ADGM or not.

We set out below an update to our alert memo, highlighting the few notable additions/amendments to the Draft Regulations as compared with the final Regulations published on 11 February 2021.

Continue Reading ADGM enacts new Data protection Regulations 2021

On October 4, 2018, the Financial Markets Law Committee (“FMLC”) published a paper on the subject of “Data Protection: Issues of Legal Uncertainty Arising from the UK Data Protection Act 2018.”  Cleary Gottlieb contributed to this paper as a participant in the FMLC’s data protection working group.

The FMLC’s paper focuses on issues of legal

The £16.4 million fine imposed by the UK Financial Conduct Authority on Tesco Personal Finance plc provides a salutary lesson on the regulatory exposure associated with failing adequately to prepare for and respond to a cyber-attack – one of the FCA’s stated regulatory priorities.

The episode illustrates how cybersecurity failures can expose a business not