COVID, Cookies and Copy and Paste

On 5 January 2022, the European Data Protection Supervisor (EDPS) issued its decision against the European Parliament (EP) in relation to the use of third-party cookies operated by US companies and the resulting transfer of data to the US. The decision highlights the need for businesses to conduct thorough due diligence, and, where necessary, an…

Narrowing the scope of cyber-attack claims

Given the recent spate of cyber-attacks impacting every sector, from education and legal to manufacturing and pharmaceutical, when typically data is stolen, deleted or encrypted to extort a ransom, a recent ruling offers some hope for data controllers, worried about the fallout from such an attack. The High-Court recently handed down its ruling in the…

Age Appropriate Design Code for websites aimed at children

On 2 September 2020, the Information Commissioners Office (ICO), Age Appropriate Design Code (the Code), a statutory code of practice, came into force with a transitional period of one year to allow businesses time to consider its effects and prepare accordingly. Now that this transitional period has ended, what impact has the Age Appropriate Design…

Do not gamble with your consumer terms and conditions

For companies conducting business online, the judgment in the recent case of Green v Petfre (Gibraltar) Ltd t/a Betfred (Green v Betfred) serves as a stark reminder for them to ensure their terms and conditions are drafted in a clear, intelligible manner and easily understood by consumers. The judgment provides an example of the potentially…

Better Late Than Never: Protecting Data

The business world held its breath as 25 May 2018 came and went, the day which heralded the implementation of the General Data Protection Regulation (GDPR), two years after publication. Guidance from the Information Commissioner’s Office suggested that the regulator would not necessarily flex its muscles immediately and seek to hit offenders with the maximum…

Getting the most out of your Terms and Conditions: Essential terms

It is vital that your terms and conditions protect your business on a wide range of issues, but the following points are particularly worthy of consideration. Limitation of Liability: T&Cs for Businesses that Provide a Service Your T&Cs should seek to cap the maximum amount of damages payable to your customer in the event that something goes wrong. How…

Life after GDPR

Unless you have been living under a rock, you will undoubtedly be aware that the new The EU General Data Protection Regulation (“GDPR”) came into force on 25 May 2018. The tidal wave of update notices and consent emails flooding into our inboxes has now subsided, but dealing with the implications of GDPR and all it involves…