UK National Data Strategy: a step further away from an adequacy decision under the GDPR?

A drastic and “pro-tech” government policy paper to overhaul the UK’s data protection legislation is believed by the European Commission to be jeopardising future collaboration with the European Union. The government’s new “National Data Strategy”, which vows a profound “transformation” of how data is used across the public sector, is expected to adversely affect the…

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British Airways issued £20 million fine by ICO for data breach

In a significant reduction, the UK Information Commissioner’s Office (the “ICO”), has announced that they have issued a notice of its penalty decision to fine British Airways (“BA”) £20 million.This is different figure from the ICO’s previous notice of intention from July 2019, where BA faced a potential fine of £183.39 million. The ICO previously…

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Consumer rights in times of COVID-19: key issues to be considered by traders

The Competition & Markets Authority (CMA) recently issued its revised “Statement on coronavirus (COVID-19), consumer contracts, cancellation and refunds“, which was first made available on 30 April 2020. The updated statement now focuses on consumers’ rights where lockdown rules do not prevent a trader from rendering a service but change how it can be rendered.…

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German Bundesgerichtshof publishes reasoning for interim Facebook decision

In 2019, the German competition authority, the Bundeskartellamt, found that Facebook had broken competition law by abusing its dominant position in relation to the terms and conditions imposed on consumers and data privacy. Facebook asserted compliance with the GDPR as a defence, but this did not stand scrutiny. The Bundeskartellamt ordered Facebook to comply with…

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Selling online to Consumers? You should read this Preiskel & Co note on the recent EU Court of Justice ruling which confirms the requirement to include details of approved ADR bodies in website terms and conditions

In a recently issued judgment, the EU Court of Justice (“EUCJ”) has confirmed the obligation imposed on traders selling goods or services online to consumers under the ADR Directive (2013/11/EU) (the “ADR Directive”) that requires sellers (which can include Communications Providers) to set out in their website terms and conditions, details of the approved Alternative…

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