Abstract: (1) The GDPR arguably, either directly or indirectly, could engage in a relatively straightforward fashion circa 30 jurisdictions apart from EU and EEA nations; plus some special jurisdictions such as places in northwest Africa, as implied by the Polisario jurisprudence. Pleadings for several such jurisdictional scenarios are explained. (2) My post on Brexit-proofing software contained an example of how jurisdictions might be embedded into a legal architecture artefact. That same example is reused to demonstrate how such pleadings can [...]
Abstract: Simple methods to inoculate data protection (or any other) multi-jurisdictional software from Brexit and similar events, before their possibility can be known or even contemplated. International software blues A general problem for lawyers – and for all their clients dealing with multiple jurisdictions – is how to ensure seamless transition of processes and systems (IT and otherwise) between different jurisdictions, in which different legal systems apply and unpredictable new rules can come into effect at any moment and, in the [...]
“Data breaches… Armageddon…” – Morrisons v Various Claimants,  EWCA Civ 2339 at para 78. Caveat: I confess at the outset that this quotation, though technically accurate, fails truly to reflect the tenor of the Court of Appeal’s judgment. But are the consequences for employers so different? Not so clear. Bear with me while I try to dig myself out of this hole. To recapitulate, circa 100,000 employees of Morrisons (a UK supermarket chain) suffered a data breach when one of [...]
IP addresses can determine jurisdiction – as classically exploited by private and public surveillance agencies, BigTech, other data brokers, and just about any web site owner. This is well known. As is the fact that such tracking information is key to everyone’s commercial efforts to destroy net neutrality and undermine the web. But what does this mean for GDPR compliance? Can it be exploited for classifying individuals’ jurisdiction? Should it? What are the pros and cons? Theory (law) I note in [...]
“Can I sue my school for telling my grades to my parents via a website, with the European GDPR law?” This is a question asked of me on Quora some time ago by an “interested” data-subject! Normally I pass on such questions, but this hits a nerve. If you just take out the text “via a website”, we have a more general question I get asked by school and university controllers. It’s therefore also one I sometimes work through in [...]
ABSTRACT: must Controllers inform processors of the legal bases of processing? Prima facie no: but from a legal and business-strategic perspective the answer is very, very much more complex.
ABSTRACT: A list of current and future “how-to” posts on practical enterprise-specific GDPR compliance using public domain objects, with optional technology anyone can build.
ABSTRACT: Each of the Article 6(1) bases interacts with other Articles and other laws in different ways, and have different hypothetical consequences. For the layperson these interactions/consequences are not always obvious.
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 [...]
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 [...]