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In 2019, boards and senior management across a range of industries continued to cite cybersecurity as one of the most significant risks facing their companies.

At the same time, comprehensive data privacy regulation became a new reality in the United States as many companies implemented major revisions to their privacy policies and data systems to…

The UK Information Commissioner’s Office (“ICO”) issued its first penalty notice under the GDPR in December 2019.  Despite publishing notices of its intention to fine Marriott and British Airways in July 2019, the ICO has not yet taken its final enforcement action in these cases (and it is understood that the ICO has granted an extension for representations by the companies, until March 2020).  The £275,000 fine levied on Doorstep Dispensaree, a pharmaceutical company that provides various prescription medicines to care homes in the UK, therefore provides the first insight into the ICO’s approach to administrative fines under the GDPR (as further described below).
Continue Reading UK ICO Finally Issues GDPR Fine

The European Commission (the “EC”) has published (see link here) slides from its Task Force for Relations with the United Kingdom regarding the future relationship with the UK, in connection with personal data protection. The slides discuss a possible “adequacy” decision for the UK’s data protection regime, to be delivered by the EC by the end of the “transition period” which, under the draft Agreement on the Withdrawal of the UK from the EU (the “Withdrawal Agreement”), is currently envisaged to be December 31, 2020.

The slides were used for internal “preparatory discussions” and were presented on January 10, 2020 to the European Council’s Ad hoc Working Party on Article 50. The slides are not binding and are stated as being for “presentational and information purposes only”.
Continue Reading European Commission Provides Further Hints at Post-Brexit Adequacy Decision for the UK

On October 1, 2019, the Court of Justice of the European Union (CJEU) issued a decision outlining the requirements for a user to consent to a service provider’s use of cookies.[1],  The Court held that active consent is required, and thus requiring a user to deselect a pre-checked tracking cookie notice in order to disallow the use of cookies does not sufficiently constitute consent to the collection and use of data under EU law.
Continue Reading The Way the Cookie Crumbles: CJEU Clarifies European Data Protection Rules for the Use of Cookies

On October 3, 2019, the governments of the United Kingdom and United States signed the first-ever executive agreement governing cross-border data requests (the “Agreement”) pursuant to the US Clarifying Lawful Overseas Use of Data Act (“CLOUD Act”).[1]  As contemplated by the CLOUD Act, the Agreement provides a mechanism for the governments to access and share data stored abroad by electronic communications services providers (“CSP”) in their respective countries in a timely manner.  The Agreement will enter into effect following a 180 day Congressional review period required by the CLOUD Act and a similar review by the UK Parliament.   …
Continue Reading United Kingdom and United States Governments Sign First-Ever CLOUD Act Agreement

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…