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28 January 2023 is 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 2023, Baker McKenzie’s Global Data Privacy and Security Team is pleased to present this special edition update of key data protection and privacy developments and trends across the globe, as well summarising future legislative changes, predictions, and enforcement priorities to look out for during 2023.…

The UK’s Health Research Authority (HRA) has unveiled new guidance which signposts the three essential steps to access health and care data for research purposes. The guidance delves into a point that researchers often miss: the common law duty of confidentiality runs in parallel to data privacy laws, and each regime needs to be considered separately to ensure data access requests can stand up to regulatory scrutiny. Step 1: Scoping – What are the data…

The UK data protection framework is set to change. These changes will be relevant for organisations in the UK as well as organisations outside of the UK that offer goods or services to data subjects in the UK or monitor their behaviour. From a practical perspective many of the proposed changes are focused on reducing certain obligations, particularly record keeping obligations such as records of processing or data protection impact assessments. However, it is important…

In a recent judgment, the UK Supreme Court unanimously refused to give permission for a litigant to serve a claim form outside of the jurisdiction in respect of a representative action brought against Google. This case, Lloyd v Google, is the latest, and most significant, in a line of recent decisions (see our other updates here and here) which show a general trend of the courts interrogating the type of losses that have been claimed and rejecting claims for…

The 25 May 2021 marks the third anniversary of the GDPR coming into force. As we have moved from preparation for the GDPR to business as usual compliance with the GDPR, regulators have focused on various issues in different jurisdictions. Although we are now three years into compliance with the GDPR being part of our day to day operations, it is clear that interpretation and expectations regarding compliance from the courts and regulators continue to…

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…

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…

On 18 December 2020, the UK House of Lords Liaison Committee on AI published a new report, AI in the UK: No Room for Complacency.  The report considers the UK government’s progress against the recommendations made by the Select Committee on AI in their 2018 report, AI in the UK: ready, willing and able? The report contains a series of new recommendations covering public understanding of AI, use of data, ethics, public trust and regulation, jobs and…