REUTERS | Sergei Karpukhin

Data privacy and cybersecurity: Winter agenda 2021/22

The autumn agenda highlighted two key themes that remain at the top of the agenda for in-house lawyers with a data privacy remit. These are: the potential outcomes of the ICO consultation on international data transfers post-Brexit; and the possible repercussions of the DCMS consultation on potentially far-reaching reforms to the UK’s data protection regime. Both of these topics are dealt with in some depth in our blog post, What’s keeping data privacy professionals busy?

International data transfers: a state of flux

We will probably have to wait until at least early 2022 for the finalised UK approach to this key topic. Businesses will remain vexed as to how best to approach transfers in the meantime and how to plan for the future. For more on the ICO data transfers consultation see Article, ICO consultation on international data transfers: what to do now.

DCMS consultation: a watching brief

Details of the DCMS proposed reforms are set out in Data: A new direction. While the consultation has now closed the potential impacts will be at front of mind for many in-house lawyers. In October, the ICO published its response to the proposals which will provide some indication of the direction of travel over the coming months (see Legal update, ICO published its response to the DCMS consultation).

Practical Law has published Article, DCMS data protection reforms: summary of consultation proposals which provides a detailed summary of the proposed reforms.

Lloyd v Google: grounds for relief

The Supreme Court’s November judgment in Lloyd v Google LLC provides the other major talking point over the autumn. The court rejected Mr Lloyd’s representative class action for compensation, brought against Google LLC in respect of its use of “Safari Workaround” technology.

Controllers will be extremely relieved because, had Mr Lloyd been successful in his bid to break new legal ground, this could have opened a wave of compensation claims under the UK GDPR and the Data Protection Act 2018, changing the way in which claims are brought in the UK and broadening their scope. For a detailed summary, see Legal update, Mr Lloyd’s representative class action in connection with Google’s “Safari Workaround” rejected (Supreme Court) (Full update).

Looking back: Autumn 2021

In case you missed them, here are some of the key developments that took place over the autumn:

Key dates: Winter 2021/22

Key forthcoming dates include:

  • 10 January 2022. ICO consultation on its draft journalism code and draft economic impact assessment ends (see more).
  • 12 January 2022. Updated Surveillance Camera Code of Practice comes into force. (see more).
  • 31 January 2022. EDPB consultation on Guidelines 05/2021 on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the GDPR ends. (see more).

New Practical Law content

Over the course of the autumn, Practical Law has published:

Practical Law has also published a new suite of standard clauses for personal data transfers from the EU to a third country.

Featured Asks

We have also published the following Asks potentially of interest to in-house lawyers:

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