Blog

GDPR: can it impact financial regulation of foreign takeovers?

ABSTRACT: Supervisors are interested in GDPR risks. Financial regulators are interested in financial risks. Often the latter may be derivative of the former. An obvious question arises: at what point might financial regulators become interested in data protection risks? Background: I was asked a question which for various conduct reasons I can’t possibly answer in the terms asked. That said, given its resonance with similar issues I’ve observed in the UK and other contexts, I’ve reformulated it to something so [...]

Read more...

Test-Datasets and EU Liability – mixed law/IT

Here is a modified version of a question I’m about to answer on Quora. Warning: as it says on the tin, this post is both law and IT. Don’t say you weren’t warned… Can copies of postcode, gender and age data be used in testing without violating the Data Protection Act or the GDPR? Such questions are becoming more and more frequent, as people begin to panic with the realization that two decades of previously unlawful behavior is now going to [...]

Read more...

Brexit: the gift that keeps on giving… And they thought it was all over!

The Three Knights are riding to the rescue! Or… is it.. the Three Stooges, or perhaps Sanchos, tilting at the windmills that seem to be spinning ever more rapidly? (yes, the GDPR does have a little dog in this race. But later…) As for my initial view? A plague on both their houses. The Three Knights do a good job, as does Professor Elliot in pointing out weaknesses. However, some of the good Professor’s key points seem a trifle theoretical and, if that is [...]

Read more...

Data protection damages awards for distress in the UK jurisdictions up 5,000% pre-GDPR?

Masochists, who ipso facto and ex officio collectively may approach 100% of my audience, will be aware of my flogging Vidal-Hall v Google (lower court judgment) to death on Linkedin and elsewhere. However, after 37 months it may be time for a quick overview of Vidal-Hall‘s impact on subsequent cases. The contagion has just spread to Scotland. Bottom line: data protection distress awards in England/Wales and Scotland alike are up by circa 4-5,000% in three years. Before Tugendhat J struck down s.13(2) Data Protection Act 1998 in Vidal-Hall, courts could [...]

Read more...