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50 case on 10 November 2021 restricting claimants’ ability to bring data privacy class actions in the UK under the (now repealed) Data Protection Act 1998 (DPA 1998).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 to similar class actions brought under the (in-force) UK General Data Protection Regulation and the Data Protection Act 2018 (collectively, the UK GDPR). This decision will not directly impact litigation brought under the EU General Data Protection Regulation in EU member states.
General Data Protection Regulation (GDPR)
Navigating the New Standard Contractual Clauses for International Data Transfers under the GDPR
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 comply with the EU General Data Protection Regulation (“GDPR”). This is perhaps the most significant GDPR development since the passage of the GDPR. We had foreshadowed this impending development last week.
Preparing for the Final Version of the New EU Standard Contractual Clauses for International Data Transfers
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 data protection law since the coming into force of the EU General Data Protection Regulation (“GDPR”) in May 2018, which was three years ago this month. These new SCCs will replace prior versions of the SCCs, some of which date back to 2001 and pre-date the GDPR. We are closely monitoring developments in this area and will report on the new SCCs as soon as these are published. We expect the impact of these SCCs to be significant on organizations which are directly subject to the GDPR or which receive personal data from organizations that are subject to the GDPR.
French DPA Issues Guidance Surrounding Practice of Web Scraping
On April 30, 2020, the French data protection authority, the CNIL, published a guidance surrounding considerations behind what it calls “commercial prospecting,” meaning scraping publicly available website data to obtain individuals’ contact info for purposes of selling such data to third parties for direct marketing purposes. The guidance is significant in two respects. First, it speaks to the CNIL’s view of this activity in the context of the GDPR and privacy concerns. Second, beyond the context of direct marketing related privacy issues, the guidance lays out some guiding principles for companies that conduct screen scraping activities or hire outside vendors to collect and package such data.
Privacy Considerations for Employers and Health Care Providers When Communicating about Coronavirus-Infected Individuals
By Kelly McMullon, Mathilde Pépin & Ryan P. Blaney on
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 has been diagnosed with the coronavirus or may have been exposed to the coronavirus.
ICO Issues First Intentions to Fine Under the GDPR
By Kelly McMullon on
GDPR fines are seemingly like buses, you wait over a year for enforcement action by the UK’s data supervisory authority, the ICO, and then two come along at once – and with quite dramatic effect.
What Does Brexit Mean for Data Protection?
By Kelly McMullon on
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, and what should be considered, depending on how things play out especially given the important votes due to take place within the UK Parliament this week.
How Can Data Privacy Regulations Limit the Ability to Present Evidence in a Litigation?
By Mathilde Pépin & Stéphanie Martinier on
The French Supreme Court sanctions a company for having produced complete employee pay slips in a litigation.
It is not news that the rules of evidence and data privacy laws may be conflicting. A recent decision of the French Supreme Court[1] illustrates this tension and highlights the need for litigators to take into account data privacy principles before producing evidence containing personal information.