The National Privacy Commission (“NPC”) issued on 7 October 2021 NPC PHE Bulletin No. 21 advising the public against smishing and preventive data privacy practices. Smishing targets victims through mobile text messaging or SMS. Individuals usually receive unsolicited messages that include links that redirect to fraudulent websites which steal personal data, introduce mobile malware, and even facilitate the commission of fraud ...
The Technology and Construction Court (TCC) in Eco World - Ballymore Embassy Gardens Company Ltd v Dobler UK Ltd [2021] EWHC 2207 (TCC) enforced a liquidated damages (LDs) clause that did not allow for a proportionate reduction following partial possession of sections of a development. The TCC rejected that the clause was a penalty, and considered the argument that an invalid liquidated damages clause could still operate as a valid cap of liability ...
Further guidance for insurers and policyholders on business interruption claims is now available following an award made by Lord Mance in Certain Policyholders v China Taiping Insurance (UK) Co Ltd. Whilst the arbitration award will not be binding on the courts, it will no doubt prove persuasive and represents a victory for insurers, with Lord Mance finding no coverage under the denial of access cause in question ...
Last week, the Norwegian Data Protection Authority announced that they intend to sanction Østre Toten municipality with a fine of NOK 4,000,000 due to the municipality’s non-compliance with the GDPR requirements. The announced sanction follows in the wake of the Data Protection Authority’s investigation of the municipality’s IT systems after it was exposed to a fatal ransomware virus attack in January this year ...
In Rolfe v Veale, the High Court awarded summary judgment against claimants who alleged distress following an inadvertent data breach. Here, Philip Tansley and Matthew MacLachlan consider the court's reasoning and the broader implications for such claims ...
The European Commission adopted a new set of Standard Contractual Clauses (“New SCCs”), effective 27 June 2021, for the transfer of personal data to non-EU regions. From 27 September 2021 onwards, data exporters and data importers can only conclude contracts which incorporate the New SCCs for the transfer of personal data out of the European Union ...
Dear valued clients, colleagues and friends,The increased reliance on cloud computing has recently seen regulatory responses from the authorities. The Malaysian Communications and Multimedia Commission on 15 October 2021 released an Advisory Notice on the upcoming licensing of cloud service providers from 1 January 2022, to address the regulatory loopholes brought about by the rise of cloud services and particularly the integrity of data stored on cloud ...
The use of drones in the world is increasing very rapidly and plays an important role in optimizing processes across a various range of industries: agriculture, delivery services, infrastructure, mapping, military and so on. These machines are very efficient, effective, and safe tools for quality, safety and savings ...
With the recent growth in technology, the storage of information online has become a common phenomenon. Though this method of storing information has proven to be very effective, the challenge of cyber breaches and data theft has also been on the rise. Interestingly, law firms have also become targets of cyber criminals that perpetrate these infractions ...
With the COP26 climate summit taking place in Glasgow this week, we thought it would be timely to look at the practical challenges facing businesses wishing to reduce their emissions and become sustainable in alignment with the government’s net zero strategy. Setting targets is crucial for companies with complexity across sectors, technologies and business structures ...
On October 27, the Ministry of Science presented what will be the first National Artificial Intelligence Policy containing the strategic guidelines to be followed by the country over the next 10 years with the aim of empowering people in the use and development of Artificial Intelligence (AI) tools and participating in the debate on their legal, ethical, social, and economic consequences ...
On 30 July 2021, the Financial Services Authority (“OJK”) has issued OJK Regulation No. 12/POJK.03/2021 on Commercial Banks (“POJK 12/2021”). POJK 12/2021 was issued to anticipate, amongst other things, a business development and banking trend including the development and innovation of information technology. One of the interesting topics of POJK 12/2021 is the introduction of provisions on digital banks ...
Technological advancements coupled with a desire to reduce inefficiencies in the workplace, has led to an increase in the use of artificial intelligence (AI) by employers, typically in recruitment and performance management. Data protection considerations However, employers need to be aware of their data protection obligations and great care is needed when contemplating the use of AI processes to make decisions without human involvement ...
Increased public awareness of data protection regulations has sparked a rise in claims for damages associated with distress caused by data breaches. Many claims are made in response to serious breaches that have caused financial loss or significant distress, however organisations are increasingly receiving significant financial claims for relatively minor breaches ...
As we begin to move beyond the pandemic, flexible work looks set to remain the norm. We consider how employers can successfully navigate long-term hybrid working models and ensure that they minimise any associated disadvantages. We recently commented in a previous post on the detrimental effect that a ‘day one’ right to flexible work could have - in particular, highlighting the potential impact on junior employees ...
In Lloyd v Google, the Supreme Court denied claims for mere 'loss of control' and ruled against mass class actions for data claims. Here, Philip Tansley and Matthew MacLachlan consider the court's reasoning and the broader implications for such claims. Case In its landmark judgment today, the Supreme Court unanimously held that a representative class action brought on behalf of approximately 4 ...
The Bangko Sentral ng Pilipinas (“BSP”) in Memorandum No. M-2021-053 dated 13 October 2021 clarified the definition of “digital banks”. A digital bank refers to a bank which offers financial products and services that are processed end-to-end through a digital platform and/or electronic channels with no physical branch/sub-branch or branch-lite unit offering the same ...
On 14 November 2021, the Cyberspace Administration of China (“CAC”) published the network Internet Data Protection Draft Regulations (Draft for Comments) (the “Draft Regulations”). The Draft Regulations build on the foundations set by the Personal Information Protection Law, the Data Security Law, and the Cybersecurity Law ...
