So, we approach the GDPR’s first birthday. You know what’s nice for birthdays? Fines. Really big ones. According to an article in today’s Times (paywall), significant GDPR monetary penalties from the ICO are imminent, around the 1-year mark for our new data protection regime. The Irish DPC is apparently limbering up likewise. And it also announced its investigation into Google’s Ad Exchange this week, which could develop into a very significant foray into online ad tech. Continue reading
Bridle-ing at a SAR?
Sometimes the Easter Bunny comes bearing mysteriously non-egg shaped gifts to the data protection practitioner. The judgment of the always-worth-reading Warby J in Rudd v Bridle & J&S Bridle Ltd [2019] EWHC 893 (QB) is just such a delivery, albeit that this one appears to contain a high content of asbestos. Continue reading
Grounds of appeal in Morrisons
Following my post confirming that the Supreme Court has granted permission in Various Claimants v Morrison Supermarket Plc, I have had quite a few email queries as to the scope of the grounds of appeal. To put you in the picture, permission has been granted on all grounds. In a nutshell, this means that the Supreme Court will be considering: Continue reading
Various Claimants v Morrisons – Supreme Court grants permission to appeal
In case you were wondering what had happened to this case, the Supreme Court has just confirmed that permission has been granted to Morrisons for it to appeal against the judgment of the Court of Appeal in Morrison Supermarkets PLC v Various Claimants [2018] EWCA Civ 2338. No doubt further updates will follow on Panopticon in due course.
Anya Proops QC
CFA success fees abolished in privacy & defamation cases
So after many of months of GDPR-related anguish, finally some good news for data controllers: with effect from last Saturday (6th April), conditional fee agreement (CFA) success fees will no longer be recoverable from defendants in privacy or defamation proceedings, at least where the relevant CFA was entered into after 5 April.
The legislative story goes like this (deep breath!): Continue reading
Adtech, ePrivacy and the GDPR
Scarcely a week goes by without my saying to someone or other (clients, colleagues, my children round the dinner table): the GDPR is not an exhaustive regime – where applicable, you need to ensure compliance with ePrivacy laws as well. Especially when it comes to electronic marketing communications, cookies and related ad tech. This inevitably prompts the question: aren’t we supposed to be getting a new ePrivacy law? What’s the delay? Continue reading