This week’s podcast looks at the rising tide of ecommerce enforcement. Jonathan and Eric consider the ASA’s recent findings in the American Apparel case and what that means for fashion retailers. They discuss the challenges of selling online in Europe and America. Listen to Episode 142 here. TechLaw10 is a 10-minute audio podcast update from U.S. Read more »
FCA fines compliance officer and internal auditor for misleading information
The Bank of Beirut has been fined £2.1m by the UK’s Financial Conduct Authority (FCA) for “repeatedly” giving the regulator misleading information about its systems and controls. The FCA also fined two individuals at the bank. Mr Anthony Rendell Boyd Wills the former compliance officer of the bank was fined £19,600 and Mr Michael Allin Read more »
New FCA guidance means you better be careful
As we all know, customer communications from financial services organisations are highly regulated by the FCA, as well as having to comply with requirements relating to consumer engagement imposed by law and other regulators such as the ASA. There are therefore many requirements firms in this sector need to consider when reaching out for either Read more »
Episode 141: Smartphones can do anything. Or can they?
In this episode Eric and Jonathan look at the issues around mobile phone use. How have mobile devices developed over the years? Will recent EU data protection guidance on health and well-being apps halt their progress? What does the recent FTC intervention tell us about the selling of health apps? TechLaw10 is a 10-minute audio Read more »
EU health data definition concerning lifestyle and wellbeing apps
In a recent letter sent to the European Commission (the Commission) in a response to a request to clarify the scope of the definition of health data concerning lifestyle and wellbeing apps, the EU Article 29 Data Protection Working Party (WP29) has provided criteria, as set out in an annex to the letter, to determine Read more »
Enforced Access Request prohibition comes into force on 10 March 2015
From 10 March 2015 businesses will be banned from forcing individuals to request the disclosure of their personal information by third parties and requiring those individuals to share that information with those businesses. Recent UK legislation has brought into force section 56 of the Data Protection Act 1998 (DPA) which makes it a criminal offence Read more »
Episode 140: Potential class actions in Germany
In this episode Jonathan and Eric look at the rising prospect of data protection and privacy law class actions in Europe. Germany is proposing new laws with a form of class action for data protection violations. An Austrian law student also claims to have 75,000 potential claimants for litigation in Vienna next month. Will this Read more »
A Cookie can last 7984 years according to new international privacy study
The Information Commissioner’s Office (‘the ICO’) has taken part in a study along with eight other regulators into the use of cookies. A cookie is a small file which is downloaded on to a user’s computer or smartphone when they access a website. Cookies are used to monitor the behaviour of users. The study that the Read more »
Are data protection class actions becoming a reality in Europe?
The German Federal government this month approved a draft law that puts increased pressure on companies in the area of data protection. If passed, it could even signal the start of a type of class action in Germany for data protection violations. The “Entwurf eines Gesetzes zur Verbesserung der zivilrechtlichen Durchsetzung von verbraucherschützenden Vorschriften des Read more »
ICO now able to apply compulsory audit powers in the healthcare sector
As from the start of this month the Information Commissioner’s Office’s (the ICO) powers to conduct compulsory audits of data protection compliance have been extended to include the UK National Health Service (NHS). Under section 41A (Assessment Notices) of the Data Protection Act 1998 (the DPA), the ICO has the power to conduct compulsory data Read more »
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