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UK and BREXIT Perspective for GDPR

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Mmissioner: UK 'must avoid data protection Brexit' The UK's new information commissioner has called for the country to adopt forthcoming EU data protection laws, despite its plan to leave the Union. "I don't think Brexit should mean Brexit when it comes to standards of data protection," Elizabeth Denham told BBC Radio 4's PM programme. She added she would press WhatsApp over plans to share data with Facebook. The new EU data protection regulations are designed to strengthen the rights individuals have over their data. The idea is to make companies take the issue of data protection far more seriously. The rules make it mandatory for large companies to employ a data protection officer and data breaches must be reported within 72 hours. The legislation will take effect in 2018 and will apply to any company that handles EU citizens' data, even if that company is not based in Europe.

Explained: How are EU data laws changing? "The UK is going to want to continue to do business with Europe," Ms Denham told the BBC's Chris Vallance. Image copyright EPA. To GDPR, or not to GDPR | CRN. Information Commissioner Talks Privacy Laws in Post-Brexit UK. In her first speech as the UK's new Information Commissioner, Elizabeth Denham gave few clues on how the Data Protection laws in the UK will eventually look post Brexit.

The primary confusion arises because GDPR is already in force and must be active in the UK by May 2018 at the latest. Prime Minister Theresa May announced Sunday that she would trigger Article 50 by March 2019, meaning that GDPR will be enforceable law within the UK for at least a year before the UK actually leaves the EU. Recent debate within the UK has been over whether the government will seek a hard or soft Brexit. A soft Brexit would imply a continued free trading arrangement with Europe in exchange for some allegiance to EU principals. The pound immediately fell to a three year low against the euro. The UK is on course for a complete separation from Europe -- and that once again raises the question over implementation of GDPR: will it remain, in part, or will it be fully replaced?

This raises a warning flag. Privacy notice checklist. A blended approach with GDPR in mind: ICO’s Privacy Policy Code of Practice and Checklist | datonomy, the data protection blog. What is the new code and what does it recommend? The Information Commissioner’s Office (ICO) on 7 October 2016 has published a new code of practice on privacy notices, following its consultation back in February of this year. It provides guidance to organisations on how to make privacy notices more engaging and effective for individuals while emphasising the importance of greater choice and control over what is done with their data. The ICO has also published a useful checklist of the information that needs to be included in the privacy policy. You can check the ICO’s privacy notice checklist here. The code rightly states that current privacy notices tend to be “too long, overly legalistic, uninformative and unhelpful” and recommends a blended approach.

It encourages the use of different techniques, such as a just-in-time message informing the data subject why their email is needed or a short video explaining how the organisation will use the personal data it collects. What about GDPR? UK organisations could face £122bn in fines under new EU data laws | V3. UK companies and organisations could face huge fines when the European Union's General Data Protection Regulation (GDPR) becomes law. The PCI Security Standards Council (PCI-SSC) warned that fines as high as £122bn could have been levied against UK organisations in 2015 based on the number of cyber security incidents. erb yicn'c indoeinltlsi'm i6n4 .220 1e5r.e wA reoruenhdt 9t0a hpte rs tcseengtg uosf hlcairhgwe ,osrcgiatnsiistaattiSo nlsa naonidt a7N4 fpoe re cciefnftO oefh tS MmEosr fs uspeprousgeidfl yy esvurfufse rneod sae tsaemciutrsiet ys tbir esaecsha bi nC S2S0-1I5C.P un dme8r0 9e£x issEtMiSn gd ndaa tma3 3p5r£o tgencitliloant olta wsse,n iafc ceocradfi ndgl utoow tshneo iPtCaIs-iSnSaCg,r oi fe gtrhaeL ismsmiooCn enro'ist aOmfrfoifcneIcha earnbd yirmepvoes efdo tdheei fmiatxoinm usma wp e)nOaClIt(y . to p£u7 0sbenr ufgoirf measjeohrt oprmguabn idslautoiwo nRsP DaGn de h£t5 2rbend nfuo rs eSsMpEasl, ytthier uPcCeIs- SeSmCa ss aeihdT. sseensi swuiBl l.

Untitled. In our latest webinar we focused on the impact of data protection on media content, as well as providing an update on the data protection landscape following the results of the UK’s EU Referendum. Traditionally, media law was based around defamation and privacy. However, data protection is becoming increasingly important in a media context. This is not simply the right to be forgotten in relation to internet search results following the Google Spain case. Data protection law may also apply to the processing of mainstream and social media content. The webinar explains how data protection law can potentially be deployed by individuals in relation to media content and how the media and other website operators can defend against such claims.

This includes the important journalistic exemption, which whilst wide and flexible in scope, requires that the data controller reasonably believes that publication would be in the public interest. Visit our Brexit pages for further insights. Untitled. ICO Code of Practice on Privacy Notices, transparency and control The ICO has published a revised Code of Practice on Privacy Notices, transparency and control (CoP) together with a checklist for privacy notices to help organisations to comply with the DPA and also the incoming requirements under the GDPR.

The ICO recommends adopting a blended approach, using a number of different techniques in order to present information in the most fair and transparent way, taking into account the audience, the available methods of communication and the complexity of the data processing. Privacy notices are an essential part of complying with the requirement to process personal data fairly and lawfully because they are needed for transparency. The CoP identifies the main elements of fairness as including: Control and genuine choice are central to fair and lawful processing and consent is often needed. The CoP goes on to discuss the best ways to inform individuals about the use of their data. UK firms could face £122bn in data breach fines in 2018. UK businesses could face up to £122bn in penalties for data breaches when new EU legislation comes into effect in 2018, the Payment Card Industry Security Standards Council (PCI SSC) has warned.

By submitting your personal information, you agree that TechTarget and its partners may contact you regarding relevant content, products and special offers. You also agree that your personal information may be transferred and processed in the United States, and that you have read and agree to the Terms of Use and the Privacy Policy. According to a UK government 2015 information security breaches survey, 90% of large organisations and 74% of SMEs reported a security breach, leading to an estimated total of £1.4bn in regulatory fines.

In 2018, the European Union’s General Data Protection Regulation (GDPR) will introduce fines for groups of companies of to €20m or 4% of annual worldwide turnover, whichever is greater – far exceeding the current maximum of £500,000. Read more about the GDPR. Global Data & Privacy Update - October 2016. Welcome to the October Global Data & Privacy Update. This update is dedicated to covering the latest legislative developments affecting the way data is managed and protected, as well as reporting on the most recent news governing data breaches and industry developments. GDPR now certain to become law in the UK PM Theresa May announced on 2 October that Article 50 TFEU will be invoked by March 2017, signalling the start of the process for the UK's departure from the European Union.

The process will take at least two years to complete, as confirmed by Theresa May, which means we now have confirmation that the GDPR, which is directly applicable in all EU member states from 25 May 2018, will be part of UK law for at least the best part of a year, potentially longer if the official date of Brexit is delayed. The fate of the GDPR in the UK post our departure date is now the focus. New ICO commissioner delivers first speech Click here to view the speech in full. New Euro data protection regime ups the ante for UK pension plan trustees and sponsor groups. UK Prime Minister, Theresa May, has indicated that the Article 50 exit negotiation will be triggered by the end of March 2017. Absent the unanimous agreement of all other 27 EU member states, the UK will automatically cease to be in the EU and subject to its rules and regulations two years after the notice is given.

In the meantime, the EU’s new General Data Protection Regulation (GDPR) will come into force across the EU on 25 May 2018 and will be “directly applicable” i.e. be law in UK without the need for domestic legislation. Thereafter, the UK is likely to remain substantially aligned with the GDPR (subject to the terms of any Brexit deal). For a key points summary of the GDPR on UK pensions, see our communication and our blog. However, the focus of this blog is on how the significantly enhanced potential for GDPR based fines could play out in a UK pensions context. Assume a UK “pension plan” is fined by the ICO. Which leads us on to another GDPR related complication. The GDPR; A Guide for Businesses. The GDPR: A Guide for Businesses THE GDPR: A Guide for Businesses Introduction The EU General Data Protection Regulation (GDPR) was initially published in January 2012, and finally adopted on 27 April 2016.

It will come into force on 25 May 2018. The GDPR introduces substantial changes to data protection law. Companies have 19 months remaining in which to make preparations for implementing the new rules, but given its extra-territorial scope, new concepts, (such as privacy by design and by default, and the concept of accountability), along with the severe financial penalties for non-compliance, it would be prudent for businesses to start taking steps now to review and revise their policies and procedures as appropriate.

Existing data protection law is based on Directive 95/46/EC (the Directive) which was introduced in 1995, and had to be transposed into the national laws of each Member State. Date of Publication: 5th October 2016 Disclaimer: A&L Goodbody 2016. 1. 2. 3. 4. 5. 6. 7. 8. 9. The data protection legislation in the post-Brexit scenario. According to the UK Data Protection Authority, it is reasonable to believe that the national data protection laws will remain unchanged at least until exit negotiations will have outlined a new status of the UK outside the EU.

In fact, as a preliminary note, it can be said that there is no evidence that current national legislation and case law on privacy and data protection, as drafted in accordance with EU founding treaties, shall in any case be lost or “blown away” just because of the fallout of a possible post-Brexit scenario. In this context, the role of the UK Data Protection Authority could dramatically change: weakened and resized in a post-Brexit scenario, technically the ICO will no longer take part in crucial discussions on the modalities of implementation and fulfilment of the new GDPR, as well as on the definition of the mode of operation of the Digital Single Market.

Brexit and data protection: where do we stand? Current data protection legal landscape The UK’s Prime Minister Theresa May recently announced that she will trigger Article 50 (the formal process to begin the UK’s exit from the European Union (EU)) by the end of March 2017. This effectively means that the UK will exit the EU two years after notification (unless all member states unanimously decide to extend this period). The forthcoming EU reforms to data protection laws in the form of the General Data Protection Regulations (GDPR) are therefore likely to apply before the UK leaves the EU. The GDPR will come into effect in the EU on 25 May 2018, which is likely to be in the midst of the withdrawal process. Elizabeth Denham, the UK’s new Information Commissioner, has made it clear that not only is the GDPR likely to apply before the UK leaves the EU but also that the data protection standards the GDPR requires will continue to guide the ICO even after Brexit.

What next? Data Protection and the General Data Protection Regulation in the UK Post-Brexit. Innumerable questions remain about the consequences of the Leave vote in the UK referendum in relation to issues such as the future relationship of the United Kingdom with the rest of the European Union, the changes that will need to be made to domestic law to reflect Brexit, and the scope of the amendments to domestic law if and to the extent that the UK no longer needs to satisfy requirements of EU law. The Information Commissioner has now made her first public pronouncement on the issue. Data protection is of course an area where Brexit may have an impact. The new Information Commissioner, Elizabeth Denham, has now made her first public speech since being appointed in July. In this speech she made some observations on the impact of Brexit on data protection both generally and in relation to the EU General Data Protection Regulation (“GDPR”) which will become directly effective in all EU Member States on 25 May 2018.

In Ms. Collection, storage and transfer of data in the United Kingdom. Brexit and IT Law - Implications for data protection law and compliance. GDPR is coming. Summary: Firms should continue to prepare for GDPR. The BLP data team explain their view in light of recent announcements from the Prime Minister and the Information Commissioner. Recent announcements are strengthening the view that organisations based in the UK will need to prepare for the EU General Data Protection Regulation (GDPR).

We have of course known for some time that GDPR will take effect in the EU from 25 May 2018. Immediately following the result of the referendum on the UK’s membership of the EU, there was some doubt expressed about whether GDPR would take effect in the UK. However, it became clear early on that it was very likely to do so and we therefore recommended that UK organisations continue to prepare for it.

Please see The implications of Brexit for the GDPR. Recent announcements have now strengthened our view. UK based organisations are therefore best advised to continue with their GDPR compliance programmes. Data Privacy in the UK Post Brexit. Following this summer’s vote to leave the European Union, the wider implications of Britain’s decision to break from the EU continue to be felt as governments, businesses, and private citizens look to forthcoming negotiations. Unfortunately, it appears that definitive answers to the questions raised by the vote may not be forthcoming for some time following Theresa May’s October 2 announcement that she plans to trigger Article 50, setting in motion negotiations regarding Britain’s departure, by March 2017.

One area up for consideration will likely be the issue of data privacy and whether UK will create its own privacy rules or follow the lead of the EU in implementing the General Data Privacy Regulation (GDPR). Generally speaking, this law, slated to take effect in May of 2018, will limit the amount of and type of data on EU citizens which may be gathered and shared. Privacy notices, transparency and control. Op-ed: Brexit will not affect GDPR, Privacy Shield. The implications of Brexit for the GDPR | Expert Insights | Berwin Leighton Paisner. The General Data Protection Regulation - A post Brexit positive for British enterprise. Lewis Silkin - Our thoughts on Brexit. Still in Denial of the Tough New Privacy Law GDPR? BREXIT: UK data protection laws should develop 'on an evolutionary basis' post-Brexit, says new information commissioner. Brexit data protection: the privacy laws set to be hit by leaving the EU deadline | WIRED UK.

ICO: Firms Must Follow GDPR Pre Brexit. ‘Biggest danger is apathy': John Lewis data privacy boss on EU data protection laws. Does the Brexit Vote Impact the GDPR? The GDPR after Brexit – UK firms prepare to disentangle a political mess. Business costs of adapting to data protection reforms will increase the longer companies wait, says expert. The impact of brexit for uk data protection law (july 2016) Brexit ‘will be delayed until end of 2019’ | News | The Times & The Sunday Times. Despite Brexit, businesses need to start preparing for the General Data Protection Regulation. Brexit - Data Protection here to stay.

Brexit Q&A. Data protection post Brexit. How the impending Brexit impacts the legal framework of doing business with the UK - the German perspective: Data protection law. Practical Tips for GDPR From UK ICO. UK: Brexit - five priorities for insurers. UK ICO guidance on privacy notices. UK Privacy Chief: Build Your Ark Before The Deluge. The EU Data Protection Package: the UK Government’s perspective - Speeches. Brexit and Data Protection: The Impact on GDPR Compliance. Brexit: Implications for Data Protection and the General Data Protection Regulation in the UK. How the ICO will be supporting the implementation of the GDPR | ICO Blog. ICO revises post-Brexit GDPR timeline. The UK plans to implement the EU's General Data Protection Plan post-Brexit | ITProPortal.