Kelly McMullon

Kelly McMullon is an associate in the Labor & Employment Law Department and member of the International Labor & Employment Group.

Kelly assists clients in a wide range of contentious and non-contentious labor and employment law matters including claims for unfair dismissal, discrimination and whistleblowing in a variety of sectors such as financial services, retail and information technology.

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EU-U.S. and UK-U.S. Data Transfer Deals Advance with White House Executive Order

A new legal mechanism to allow for transfers of personal data between the EU and the U.S. is now advancing after an October 7th, 2022 Executive Order was issued by U.S. President Biden (the “Executive Order”). The new mechanism is referred to as the EU-U.S. Data Privacy Framework (the “Framework”) and is intended to replace … Continue Reading

UK Supreme Court Landmark Decision Limits Data Privacy Class Actions in the UK

By Steven Baker, Alexis L. Namdar, Kelly McMullon and Julia Bihary on November 10, 2021 Posted in Data Privacy Laws, European Union, GDPR, Privacy Law, Privacy Litigation

The UK Supreme Court handed down its much-anticipated decision in the Lloyd v Google LLC [2021] UKSC 50 case on 10 November 2021 restricting claimants’ ability to bring data privacy class actions in the UK under the (now repealed) Data Protection Act 1998 (DPA 1998). This decision will be persuasive (though not binding) with respect … Continue Reading

Navigating the New Standard Contractual Clauses for International Data Transfers under the GDPR

By Ryan P. Blaney, Vishnu V. Shankar and Kelly McMullon on June 7, 2021 Posted in Cybersecurity, Data Privacy Laws, GDPR, International, Privacy Law

The final version of the new standard contractual clauses (“SCCs”) were published by the European Commission on June 4, 2021. Many organizations that transfer or receive personal data originating in the European Economic Area (“EEA”) outside the EEA will be required to implement these SCCs with their customers, suppliers and affiliates by December 2022 to … Continue Reading

Preparing for the Final Version of the New EU Standard Contractual Clauses for International Data Transfers

By Vishnu V. Shankar, Kelly McMullon and Ryan P. Blaney on May 26, 2021 Posted in Data Privacy Laws, European Union, GDPR, Legislation, Privacy Law

It has been reported that European Commission will publish the final versions of new forms of Standard Contractual Clauses (“SCCs”) shortly (even potentially within the next few days). The Commission published draft versions of these SCCs and the implementing Commission Decisions in December 2020. These new SCCs are, arguably, the most significant development in European … Continue Reading

Privacy Considerations for Employers and Health Care Providers When Communicating about Coronavirus-Infected Individuals

By Kelly McMullon, Mathilde Pépin and Ryan P. Blaney on March 12, 2020 Posted in HIPAA, Privacy Law, Workplace Privacy

This alert focuses on the ongoing and developing privacy issues that have arisen for employers and healthcare providers communicating about the 2019 novel coronavirus (COVID-19). Specifically, we will discuss the steps that employers and healthcare companies need to consider when communicating to its employees, the media and general public, and government officials when an individual … Continue Reading

What Does Brexit Mean for Data Protection?

By Kelly McMullon on March 11, 2019 Posted in Cybersecurity, Data Privacy Laws, European Union

With less than a month to go until the UK is due to leave the EU (at 11pm GMT/12pm CET on 29 March 2019), there is still much uncertainty as to whether, and if so how, the UK will exit the EU (commonly dubbed “Brexit”). In light of this uncertainty we outline what will happen, … Continue Reading

GDPR FAQ’s for Fund Managers

By Kristen J. Mathews and Kelly McMullon on December 21, 2017 Posted in Data Privacy Laws, European Union

The General Data Protection Regulation (GDPR) comes into force across the European Union (EU) on 25 May 2018. It will have an impact on EU fund managers and may have an impact on non-EU fund managers depending on their operations. Below are FAQs to help EU and non-EU fund managers determine the extent to which the … Continue Reading

Draft Privacy and Electronic Communications Regulation published by European Commission

By Kelly McMullon on January 25, 2017 Posted in Data Privacy Laws, Direct Marketing, Electronic Communications, European Union, International, Legislation, Privacy Law

The European Commission has released proposals for new legislation that seeks to create stronger privacy in electronic communications. The draft Privacy and Electronic Communications Regulation (the “Regulation”) is intended to replace the ePrivacy Directive (2002/58/EC) and will also bring the law in line with the new rules as set out in the General Data Protection … Continue Reading

CJEU holds that mass surveillance must not be general and indiscriminate

By Kelly McMullon on December 27, 2016 Posted in Data Privacy Laws, Electronic Communications, European Union, International, National Security, Online Privacy, Privacy Law, Privacy Litigation

The CJEU (the European Union Court of Justice) has handed down a decision which makes clear that general and indiscriminate retention of electronic communications is unlawful. National legislation of each European Member State should ensure that mass surveillance only occurs where it is strictly necessary in order to combat serious crime as well as terrorism … Continue Reading

TalkTalk handed record fine in data protection breach in the UK

By Daniel Ornstein and Kelly McMullon on October 7, 2016 Posted in Data Breaches, Data Privacy Laws, European Union, International

TalkTalk, a major UK telecoms company, has been fined £400,000 for a data breach after they were hacked. This is a record fine given by the ICO (the UK’s data protection authority). Significantly the fine was imposed after a change of leadership this summer when Elizabeth Denham (previously the Information Commissioner in the Canadian province of … Continue Reading

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