The Board concluded that the NDPA does not have authority to impose coercive fines in ongoing cross-border cases. Only in exceptional cases may concerned data protection authorities, such as the NDPA, adopt provisional measures until three months on its own territory. The GDPR sets out that national powers, such as coercive fines, shall not impair the effective powers of the cooperation and consistency mechanism ...
Bill Gates said in a blog post: “The development of AI is as fundamental as the creation of the microprocessor, the personal computer, the Internet, and the mobile phone. It will change the way people work, learn, travel, get health care, and communicate with each other. Entire industries will reorient around it. Businesses will distinguish themselves by how well they use it ...
Shoosmiths’ FinTech partner, Luke Stubbs, was a speaker at the recent FinTech Week London Conference, participating in a panel discussion focused on international payments. FinTech Week London reflects the City's role as a FinTech hub and comprises a week of events culminating in a major conference, which Shoosmiths was proud to sponsor ...
The ‘Digital Operational Resilience Act’ or “DORA” (Regulation (EU) 2022/2554) shall be enhancing and improving Information and Communications Technology (‘ICT’) operational risk requirements across various financial sectors. Subsequently, it imposes obligations on a vast array of different financial entities, as well as certain ICT service providers that assist such financial entities ...
The Automated Vehicles Act (the Act) outlines how liability will be allocated when an automated vehicle commits a driving offence or is involved in an accident, together with certain information disclosure requirements to support regulatory investigations. In this article Ben Gardner outlines the key issues surrounding liability that will need to be considered ...
Manufacturers of internet or network connectable products for the UK market are now required to implement minimum security standards to protect such products from cyber-attacks. Importers and distributors are also impacted by these requirements ...
At a time when Canada and many other countries are taking steps to protect users from harm online,1 a decision was handed down by the Supreme Court of British Columbia (the ?Court?) on January 15, 2024, regarding the conduct of a competitor with respect to complaints about intellectual property infringement made on Amazon?s e-commerce website ...
Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner. What matters? Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner ...
A recent parliamentary report, the last to be published before the upcoming UK general election, says that we need to “fundamentally change the way we think” about AI ...
To celebrate the Euro 2024 football tournament kicking-off, we wanted to pay tribute by ranking the data protection authorities from the nations competing in the tournament. Below, we have set out our top ranked data protection authorities and the reasons why they are our top picks. Rank 1: Spain No ...
The Automated Vehicles Act (the Act) creates a licensing and permitting scheme for operators that intend to use automated vehicles to offer transportation services for passengers and goods. In this article Ben Gardner outlines what potential operators need to consider ...
The State Duma will consider a draft law on the possibility for the plaintiff to receive personal data (“PD”) of the defendant Amendments are planned to be made to the ****Civil Procedure Code**** of the Russian Federation. It is proposed to grant the plaintiff the right to file a ****motion**** to the court for assistance in ****establishing information about the defendant****, which is necessary to file a claim in court, but the plaintiff does not have ...
Between April 2022 and March 2023, 15,848 complaints were submitted to the ICO in respect of DSARs. This article follows our previous discussion on how employers can remain compliant with the ICO’s guidance on DSARs and how employers should respond to DSARs ...
What’s worse than wanting to go to a concert for your favorite music artist and spending one-third of the ticket price in “convenience fees”? Apparently, getting hacked and losing roughly 560 million individual’s personal data—which is exactly what happened to Ticketmaster on May 20, 2024 ...
The Automated Vehicles Act (the Act) regulates the marketing of self-driving vehicles, prohibiting the use of misleading terminology or communications that could confuse consumers. In this article Ben Gardner explores how the use of terminology that could mislead consumers will be regulated. The Act has now received Royal Assent and creates a regulatory framework which applies to the deployment and use of automated vehicles on UK roads ...
With the race to develop AIs, the intellectual property protection for them is an increasingly vexed subject. The UK Intellectual Property Office’s (UKIPO) new guidelines may help. The issue European and UK patent law excludes from patent protection inventions relating solely to a program for a computer or a mathematical method. The exception to this is where there is a ‘technical contribution’ to the state of the art ...
As employers begin to embrace Artificial Intelligence (AI) within the workplace, its growing use within the recruitment process means that the potential risks of its implementation need to be considered. The Responsible Technology Adoption Unit (RTA) has published guidance to assist HR and recruitment organisations on how to use AI responsibly ...
The Digital Markets, Competition and Consumers Bill (the Bill) completed the legislative process and received Royal Assent on 24 May 2024 and is now law. The changes introduced by the Bill include better protection for consumers in relation to subscription contracts, regulation of fake reviews, the display of ecommerce pricing information (to avoid ‘drip pricing’) and enhanced enforcement measures (including GDPR style fines) against non-compliant traders ...
When the Second Payment Services Directive1 (‘PSD2’) replaced the First Payment Service Directive, the European Union (‘EU’) introduced the requirement of Strong Customer Authentication (‘SCA’). SCA enhances the security of electronic payments through additional layers of authentication with the aim to mitigate payment fraud ...
Carey Olsen spotlights digital payments potential at 5th Annual International Tech Summit The Summit brought together visionaries, industry leaders, and innovators from around the world to explore the latest advancements in digital assets, blockchain technology, and fintech solutions ...
The Federation Council clarified how the Russian Digital Code will look like Work on the ****Digital Code****, which will become the basis for legal regulation of relations in the field of ****information**** and ****digital technologies****, will take at least another ****year****, and a significant part of the future document is planned to be devoted to the protection of ****personal**** and ****biometric data**** ...
On 16 May, a letter was signed by over 50 participants and groups from the digital asset industry. They sent it to the Speaker and Minority Leader of the U.S. House of Representatives, urging them to back a Bill (HR 4763, the Financial Innovation and Technology for the 21st Century Act or “FIT 21”). FIT 21 is expected to be debated and voted on this week ...
The Automated Vehicles Act has received Royal Assent after a smooth and quick passage through parliament. In this article, Ben Gardner outlines what organisations in the sector can expect to happen next. What is the Automated Vehicles Act? The Act lays the foundations for the future deployment of automated vehicles on public roads ...
HR teams have a lot on their plate, but a key priority for 2024 is undoubtedly protecting the employee brand proposition. Our 2024 online programme is focused on supporting HR teams to do just this, equipping them with the tools they need to protect the employee brand proposition of the organisations they work for. Our latest webinar focused on what organisations need to do to protect their employee data ...
The Russian government has approved draft amendments to the Russian Criminal Code that increase the severity of punishment for leaks of personal data (“PD”) The amendments have changed slightly compared with the version adopted in the first reading ...
