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The Electronic Communications Code (the “Code”) is the legal framework in the UK underpinning rights for network operators to install and keep electronic communications apparatus on public and private land. The framework is designed to facilitate the installation and maintenance of electronic communications networks. Current powers under the Code When the telecom regulatory authority in the UK (“Ofcom”), gives a direction that the Code applies to a certain person, such as a network operator, the…

Happy Data Protection Day! The 28 January each year is celebrated as Data Protection Day (or Data Privacy Day outside of Europe), which marks the anniversary of the Council of Europe’s Convention 108. To mark Data Protection Day 2021, we have summarised some of the key trends and developments in the EU, UK and beyond from a data protection perspective and looking ahead to what to expect for 2021. You can jump to specific country…

There have been a number of EU and UK developments affecting transfers of personal data. We summarise the key ones below and set out some practical steps to take in light of these developments. Any organisation which transfers personal data to or from the EU27 will need to work out what changes are required to address these new developments. We won’t have full clarity until the European Commission and EDPB finalise their current drafts but…

After being postponed twice, the European Commission (Commission) published its draft Digital Markets Act (DMA) on 15th December 2020, in revised form — the EU’s Regulatory Scrutiny Board having objected to earlier iterations. The DMA takes the form of a regulation as the Commission seeks to ensure maximum alignment among Member States. The proposed “Digital Services Act” (DSA ) was published on the same day. You can download and read our in-depth guide to the…

On 15 December 2020, the European Commission published its long awaited drafts of the “Digital Services Act” (DSA) and “Digital Markets Act” (DMA). In the run up to the drafts being released there was intense speculation about how far the Commission would go in trying to achieve its aims of “(making) sure that we, as users, have access to a wide choice of safe products and services online. And that businesses operating in Europe can…

On Christmas Eve the UK and the EU concluded a Trade and Cooperation Agreement in principle.We’ve set out the key points from a data protection perspective below.The key take away is that transfers of personal data from the EEA to the UK can continue without safeguards for a period of up to six months from the end of the transition period while the European Commission considers whether to adopt an adequacy decision in respect of the…

Introduction Recently, the European Commission published its evaluation report on the first two years of the General Data Protection Regulation (GDPR). The Commission focused on, in particular, two themes in its evaluation, being (1) international data transfers and (2) the cooperation and consistency among the European supervisory authorities. As to the latter, the Commission is of the opinion it should definitely be improved. With regard to international data transfer the Commission focuses on the review…

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…

The European Commission has published a Recommendation for use of technology and data to combat and exit from the COVID-19 crisis, in particular concerning mobile apps and use of anonymised mobility data. What does the Recommendation cover? The Recommendation establishes a process for developing a common approach (Toolbox) to use digital measures to address the COVID-19 crisis.  The Toolbox will include practical measures for making effective use of technology and data, focusing on a: Pan-European…

The European Data Protection Board (EDPB) has published its draft guidelines on processing personal data in the context of connected vehicles for public consultation. The Guidelines have a wide reach and will apply to more than just vehicle manufacturers. We have summarised the key points and recommendations from the EDPB in the Guidelines below. The public can provide comments to the EDPB until March 20th, 2020. Thereafter, the EDPB will finalize and adopt the Guidelines,…