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Data Privacy & Security

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It has been two years since the GDPR came into force on 25 May 2018 and during that time, we have seen more guidance published at an EU level as well as from data protection authorities in Member States which has impacted how organisations approach areas of GDPR compliance. We have also seen enforcement action from data protection authorities across the EU and UK. There have also been other significant developments, over the past two…

As the world continues to grapple with the COVID-19 pandemic and its profound impact across regions and industries, lockdowns are gradually being eased in some countries and organizations are turning their attention to re-opening their premises and bringing employees back to work. This re-opening process requires careful planning to ensure a balance is found between maintaining a safe workplace and putting people back to work. As data plays a crucial role in containing the spread…

Across the globe, governments are taking steps to gradually reduce lockdown measures and re-open their economies. As new measures are enacted across a world still battling a pandemic, companies will need to prepare for a gradual transition back into the workplace amid a changed landscape. Join Baker McKenzie for a global webinar series, in coordination with the World Business Council for Sustainable Development (WBCSD), to address the challenges multinational employers are facing to achieve a necessary balance between maintaining a safe workplace and putting people back to work. During…

The final version of the ICO’s Age Appropriate Design Code was published earlier this year. It needs to be approved by Parliament, and there will then be a 12 month period before it comes into force. The ICO expects the Code to be in force by autumn 2021. Although this may sound like a long time away, to comply with the Code existing services will need to be reviewed and where necessary updated, and changes to design…

On 4 May 2020 the European Data Protection Board (“EDPB”) adopted updated guidelines on consent under the GDPR (the “New Guidelines”). The New Guidelines supersede the guidelines on consent originally adopted by the EDPB’s predecessor, the Article 29 Working Party, on 10 April 2018 (the “2018 Guidelines”), and subsequently endorsed by the EDPB. The New Guidelines clarify the EDPB’s position on two specific issues: Cookie Walls – consent is not valid if access to a…

Contact tracing apps have become a new weapon in our arsenal as we battle COVID-19. But not everyone sees eye-to-eye on these apps and different jurisdictions are taking divergent approaches. What are contact tracing apps? Contact tracing apps are applications which keep track of an individual smartphone user’s real-life interactions with, or proximity to, other smartphone users (the individual’s contacts). Their primary aim is to ensure that – if the individual is suspected or confirmed…

While director and officer liability (D&O) claims arising out of cybersecurity events are not new, COVID-19 has increased those risks and created fertile ground for litigation and personal liability. Executive oversight of cybersecurity protocols and practices will no doubt be tested by the myriad of new challenges related to post-COVID exit strategies, including heightened monitoring of individuals, and disclosure requirements in the context of contact tracing. These challenges are more pronounced following the directive…

Joanna de Fonseka, a senior associate in Baker McKenzie’s London office, joins host Brian Hengesbaugh to discuss the use of contact tracing apps in the United Kingdom. Download and listen to learn: Takeaways from the recent guidance from the ICO on contact tracing appsKey privacy considerations as the use of contact tracing apps becomes a reality in the midst of the COVID-19 pandemicDevelopments at the EU level regarding contact tracing apps and mobility data https://open.spotify.com/episode/0jtEkAQeYjZKdZkKp0ewGX…

Managing risk and crisis in an information-driven digital worldData is a critical asset as businesses seek to stay afloat and remain competitive in today’s globally connected economy in light of COVID-19. The global pandemic and corresponding economic disruptions have increased the value of remote servicing and teleworking, and reinforced the focus on data and the macro trends associated with digitalization. Adopting these new technologies for both remote working and business continuity mechanisms give rise to…

*Survey last updated April 30, 2020* Our latest edition, spanning 39 jurisdictions, answers five common data privacy and security questions employers may have in light of COVID-19, especially as lockdowns are slowly being eased in some countries and employers prepare to re-open workplaces. As the world grapples with the COVID-19 pandemic and its profound impact across regions and industries, many companies are facing difficult business and legal challenges and are required to make some urgent…