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Article 17/03/2023
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.
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Article 06/03/2023
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.
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News 06/03/2023
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.
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Article 15/02/2023
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.
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Article 03/02/2023
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.
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Article 09/01/2023
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’.
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Article 08/12/2022
Minnesota Federal Court rules Cyber Business Interruption clause covers funds lost in fraudulent wire transfer incident
As previously reported, on November 3, 2022, the federal district court for Minnesota, applying Minnesota substantive law, ruled that an insured was entitled to coverage under a Cyber Business Interruption clause for money lost in a fraudulent wire transfer incident.
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Article 01/07/2022
Maryland amends its privacy law – Still not a comprehensive law, but it inches closer to other privacy laws
Maryland has updated its Personal Information Protection Act (“PIPA”), and while PIPA may not be considered a “comprehensive” privacy law, the revisions to PIPA enacted under House Bill 962 (“the Act” or “HB 962”) will bring some of PIPA’s provisions in line with the comprehensive data privacy laws recently enacted by a handful of other states.
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Article 30/06/2022
Privacy Commissioner for Personal Data issues guidance to property management sector
The Privacy Commissioner for Personal Data (“PCPD”) recently issued a new Guidance Note for the Property Management Sector, in response to a series of recent complaints concerning the collection, retention, use and disclosure of personal data by property managers. It provides important guidance for property managers on complying with the Data Protection Principles (“DPP”).
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Article 11/05/2022
Connecticut’s new consumer data privacy law: a New Haven for privacy protection? Not exactly
Connecticut is the fifth state to pass a comprehensive privacy law. Senate Bill 6, “An Act Concerning Personal Data Privacy and Online Monitoring” (“CTDPA” or “Act”), passed in both chambers of the state legislature on April 22, 2022, and April 28, 2022, respectively, and Governor Ned Lamont signed it into law on May 10, 2022. The Act will go into effect on July 1, 2023, with the exception of certain provisions.