Perhaps the most important point for many readers will be the publication by the European Commission of a draft adequacy decision to enable data flows between the UK and the EEA when the interim provisions in the EU Withdrawal Agreement end.
There have been a number of documents published which relate to transfer of data to the USA. The Information Commissioner’s Office published an analysis of the transfer of personal data from UK based firms to the US Securities and Exchange Commission for organisations.
Of interest to a number of our US law firm readers in particular, in Soriano v Forensic News LLC & Others [2021] EWHC 56 (QB), the High Court held that the extra-territorial jurisdiction provisions in Art 3 of GDPR did not apply on the facts. The absence of a branch or subsidiary in the UK was by no means determinative but it was relevant that Forensic News had no employees or representatives in this country. The fact that Forensic News had a readership in the UK which was not minimal was of no more than marginal relevance: its journalistic endeavour was not oriented towards the UK in any relevant respect. That the content of the First Defendant’s website may be of interest to some UK readers was not germane to the issue under consideration.
The Sedona Conference published a Commentary on the Enforceability in U.S. Courts of Orders and Judgments Entered under GDPR.
European Data Protection Board (EDPB) Guidelines 01/2021 on Examples Regarding Data Breach Notification (version for public consultation) contain numerous case studies which will be of interest in relation to UK GDPR as well as (EU) GDPR.
IBM have published their Cost of Data Breach Report 2020.
Perhaps we may be forgiven for being slightly less excited than Microsoft appear to be from the announcement that Microsoft Word will soon feature an artificial intelligence-powered text prediction feature: some smartphones with text prediction have a curious predilection for inserting client names from contacts in preference to the far more obvious word in ordinary English usage.
A link to the Soriano case can be found on www.legalrisk.co.uk/Data and links to the other documents can be found on www.legalrisk.co.uk/News.
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