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Case review 26 mai 2023
High Court makes first decision on the ‘judicial exemption’ to subject access rights in UK GDPR and Data Protection Act 2018
The High Court decision of X v The Transcription Agency (1) Master James (2) [09.05.2023] is the first detailed consideration of the scope of the judicial exemption to the right to access to personal data under the UK GDPR (General Data Protection Regulation) and Data Protection Act 2018 (the DPA 2018). As such, it is of interest to all data protection practitioners.
Article 11 mai 2023
Identifiable trends in LAC data protection legislation
While data protection legislation has existed throughout Latin America and the Caribbean since the early 2000s, the enactment of the European Union’s General Data Protection Regulation (GDPR) in 2018 triggered a wave of legislation in Latin America and the Caribbean, modeled after the protections and obligations enumerated within that landmark European law.
Case review 4 mai 2023
Commission Recovery Ltd v Marks & Clerk LLP & Anor  – a new renaissance for representation actions?
The recent decision in Commission Recovery Ltd v Marks & Clerk suggests the courts may approach the ‘same interest’ test for representative actions under Procedure Rule (CPR) 19.6 more flexibly than had been assumed following the UK Supreme Court’s high profile ruling in Lloyd v Google . CPR 19.6 provides for representative actions where one claimant can represent other claimants in a group action providing they all have the ‘same interest’ in the claim.
Article 6 abr 2023
The emergence of a new generation of Business Email Compromises (BECs)
Business Email Compromises (BECs) were, according to statistics released by the Information Commissioner's Office, one of the leading types of cyber attack throughout the last quarter of 2022 and into 2023 in the UK. In recent months, we have seen an evolution in the strategies deployed by cyber criminals or 'threat actors' following unauthorised access to business email accounts.
Article 17 mar 2023
Data Protection and Digital Information Bill: briefing note
The Data Protection and Digital Information (No.2) Bill aims to reform the existing UK data protection regime following Brexit, namely the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
News 6 mar 2023
Kennedys Launches Focus on Fostering Innovation
Today, we launch our focus on innovation, a thought leadership series with seminars, research articles, and reports which will run throughout March, to highlight innovation at Kennedys, and across the wider insurance and legal industries.
Article 6 mar 2023
The new British data protection regime: what to expect
On 28 February, the Secretary of State for the newly created Science, Innovation and Technology Department, Michelle Donelan, informed the press that the Data Protection and Digital Information Bill will return to Parliament next week. In advance of this, we examine what the new approach to data regulation might entail and the consequences to businesses and their insurers.
Article 15 fev 2023
International cyber and data privacy insights - February 2023
A summary of the latest cyber and data privacy developments and critical issues for organisations to consider in the UK, EU and US.
Article 3 fev 2023
Defending VPPA claims: A different perspective
The Video Privacy Protection Act (VPPA) was enacted in 1988, and provides that a video tape service provider who knowingly discloses the personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person. The law was put in place to “preserve personal privacy with respect to the rental, purchase or delivery of video tapes or similar audio visual materials.” S. REP. 599, 1988 U.S.C.C.A.N. Over the past decade, there has been a trickle of class action lawsuits filed under the VPPA, although in recent times, technological growth has allowed lawsuits to proliferate at a more rapid pace.
Article 9 jan 2023
Getting physical: Ohio Supreme Court holds that software cannot be physically damaged and endorsement covering software must be triggered by physical loss or damage to covered property
On December 27, 2022, the Supreme Court of Ohio unanimously ruled that a businessowners property insurance policy issued by Owners Insurance Co. (Owners) to EMOI Services, LLC (EMOI) did not afford coverage for losses sustained in a ransomware attack because computer software is “entirely intangible” and “cannot experience ‘direct physical loss or physical damage’.