Life with GDPR: Recent Episodes
Tom Fox
How does GDPR, data privacy and data protection impact your business? In this podcast, Tom Fox, the Voice of Compliance hosts Data Privacy/Data Security expert Jonathan Armstrong, co-founder of Cordery Compliance. They use the framework of GDPR to discuss a wide range of issues relating to data privacy and data protection. If you are a compliance professional, business leader or InfoSec security expert this is the podcast to learn about what is happening in the UK, EU, US and beyond.
Tom Fox and Jonathan Armstrong, renowned expert in cyber security, co-host the award-winning Life with GDPR. In this episode, Tom and Jonathan discuss a troubling inadvertent data release by the Police Service of Northern Ireland (PSNI). The release occurred when a document containing sensitive information about PSNI employees was mistakenly uploaded to a public site, putting officers at risk. The document, inadvertently released based upon a valid FOIA request, wrongfully included the names, ranks, locations, and even surveillance and intelligence details from the Northern Ireland constabulary. This inadvertent release highlights how the bypassing of security checks the caused the breach, emphasizing the real-world impact of data breaches on individuals. Tom and Jonathan also discuss the use of spreadsheets in data breaches and express frustration with the lack of attention given to these incidents. Overall, the conversation stresses the importance of data protection and compliance, and the urgent need for improved measures to address this issue. Key Takeaways: · Data release at PSNI · Data release implications · Regulator's Call for Improved Data Protection · Spreadsheets are evil Resources For more information on the issues raised in this podcast, check out the Cordery Compliance, News Section. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Connect with Tom Fox ● LinkedIn Connect with Jonathan Armstrong ● Twitter ● LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices
Tom Fox and Jonathan Armstrong, renowned expert in cyber security, co-host the award-winning Life with GDPR. The recent controversy surrounding Nigel Farage's banking situation highlights the risks and compliance challenges faced by the banking industry in relation to data protection. In this episode, Tom and Jonathan discuss the closure of Farage's bank account with Coutts, a high-end bank owned by NatWest, and the potential data breach that ensued. They discuss the risks of internal emails being exposed through subject access requests (SARs) and emphasize the importance of caution in email communication. The conversation also explores the cost and consequences of non-compliance with GDPR obligations, particularly in relation to SARs. The potential legal implications for banks that violate their own policies or delete data that should be provided in response to a SAR are highlighted. Overall, the episode underscores the need for banks to prioritize data protection, compliance, and proper decision-making in the financial industry. Key Takeaways: · Nigel Farage's Banking Controversy · Data Protection Risks in Banking · The Cost and Consequences of Subject Access Requests · Serious concerns about data protection and access to banking Resources For more information on the issues raised in this podcast, check out the Cordery Compliance, News Section. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Connect with Tom Fox ● LinkedIn Connect with Jonathan Armstrong ● Twitter ● LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices
Tom Fox and Jonathan Armstrong, renowned expert in cyber security, co-host the award-winning Life with GDPR. Matt Kelly and Jonathan Marks join Tom and Jonathan Armstrong on this episode, as they explore the case of former Uber CISO Joe Sullivan and the lessons compliance officers can learn from his lenient sentence. From growing trends of personal accountability to conflict of interests, the hosts provide six tips for chief compliance officers to protect themselves, including rehearsing responses and seeking external advice when necessary. This eye-opening episode also delves into the challenges faced by compliance officers in situations like Etsy's ransomware scheme and how they must be cautious with threat actors' demands. Don't miss out on this insightful episode that will leave you questioning whether Sullivan was unfairly punished and whether executives' remuneration packages will receive greater scrutiny going forward. Tune in now to Life With GDPR. Key Takeaways: · The Joe Sullivan Uber Case and Lessons Learned · Individual Liability in Corporate Malpractice · Compensation and Conflicts of Interest · The Challenges of Compliance Officers in Wrongdoing Incidents Resources For more information on the issues raised in this podcast, check out the Cordery Compliance, News Section. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Connect with Tom Fox ● LinkedIn Connect with Jonathan Armstrong ● Twitter ● LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices
Tom Fox and Jonathan Armstrong, renowned expert in cyber security, co-host the award-winning Life with GDPR. In this episode, they discuss the recent billion-dollar fine imposed on Meta (formerly Facebook) for violating data protection laws. They break down the significance of this ruling which limits the use of standard contractual clauses and requires due diligence checks when transferring data from the EU to the US. Discover the consequences and potential appeal arguments of the European Court of Justice's ruling on data privacy. They delve into the challenges of harmonizing data protection authorities in the EU and how this affects corporations. Find out why the lack of consistency among regulators cannot be fixed overnight. Don't miss out on the engaging and informative discussion that can help organizations navigate the complex landscape of GDPR and data privacy. Tune in to "Life with GDPR" now! Key Takeaways: · Facebook fined $1 billion for data transfer · Meta's GDPR Noncompliance and Data Transfer Suspension · Irish Data Protection decision overruled by EDPB · Challenging GDPR court order in Ireland · Data Transfer from EU to US: Safe or Unsafe? · GDPR differences in privacy enforcement Resources For more information on the issues raised in this podcast, check out the Cordery Compliance, News Section. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Connect with Tom Fox ● LinkedIn Connect with Jonathan Armstrong ● Twitter ● LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong and Tom Fox return for another episode of the award-winning Life with GDPR. In this episode, we discuss the recent action by the ICO against seven UK organizations that failed to respond to Subject Access Requests (SAR), which follows a trend across Europe of more enforcement action on SAR. Some of the highlights include: 1. What is a Subject Access Request (SAR)? 2. Why are these companies in the ‘Naughty Corner.’ 3. How does this follow a trend across Europe of more enforcement action on SAR? 4. What happens next? 5. Who is the constituency for change in the SAR process in the UK? 6. What are the lessons learned? Resources For more information on the issues raised in this podcast, check out the Cordery Compliance News Section. For more information on Cordery Compliance, go to their website here. Also, check out the GDPR Navigator, one of the top resources for GDPR Compliance, by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong and Tom Fox return for another episode of the award-winning Life with GDPR. In this episode, we discuss the recent fine by the Irish Data Protection Commission levied against Meta for €405 million for Instagram Data Protection Infringements. Some of the highlights include: 1. What is the background to the case? 2. What was the basis for the fine? 3. What happens next? 4. What did other national agencies and commission, particularly the EDPB say? 5. What are the lessons learned? Resources For more information on the issues raised in this podcast, check out the Cordery Compliance, News Section. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong and Tom Fox return for another episode of the award-winning Life with GDPR. In this episode, we discuss the US/EU/UK agreement for data transfer from the EU/UK to the United States under the Data Protection Framework. Some of the highlights include: 1. What is the Data Protection Framework? 2. How will the Data Protection Review Court work? 3. What dare the safeguards around the US national security review be? 4. What happens next? 5. What are the views of Max Schrems? 6. Will there be an EU/UK split? Resources For more information on the issues raised in this podcast, check out the Cordery Compliance News Section. For more information on Cordery Compliance, go to their website here. Also, check out the GDPR Navigator, one of the top resources for GDPR Compliance, by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we discuss the changes in the UK Data Privacy regime currently proposed in the wake of Brexit. Some of the highlights include:
Why these changes are so significant.
Are things really more complicated now?
What does it mean for compliance?
What happens next?
Will the new PM request any changes?
Practical steps you can take now.
Resources For more information on the issues raised in this podcast, check out the Cordery Compliance, News Section. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we discuss Lloyd’s of London announcement of its coverages for cyber-breaches by state actors. Some of the highlights include: 1. Why this change is so significant. 2. What does it mean for compliance? 3. What happens next? 4. Practical steps you can take now. Resources For more information on the issues raised in this podcast, check out the Cordery Compliance, News Section. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we discuss the NOYB announcement that it had filed an additional 226 complaints to Data Protection Authorities in 18 countries over the use of OneTrust cookie banners. Some of the highlights include:
Previous enforcement actions on cookie banners.
The NOYB campaign.
What happens next?
Practical steps you can take now.
Resources For more information on the issues raised in this podcast, check out the Cordery Compliance, News Section. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we discuss British Prime Minster Boris Johnson’s recent announcement that he will be resigning as British PM when his successor is announced. Some of the highlights include:
Reasons for the resignation.
Candidates for the PM role going forward.
Key compliance and related issues for the new PM going forward .
Lessons learned from the Pincher Affair and the BoJo resignation.
Resources For more information on the issues raised in this podcast, check out the Cordery Compliance, News Section. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we review the recently released European Data Protection Board (EDPB) draft guidance on calculating fines entitled “Guidelines 04/2022 on the calculation of administrative fines under the GDPR”. Some of the highlights include: 1. There have been just under 1.5 billion in overall fines under GDPR. 2. Spain has the largest number of fines but the smallest monetary amount of fines. 3. The five-step calculation methodology. 4. What are the aggravating and mitigating factors. 5. Key takeaways from the draft guidance. Resources For more information on the draft guidance, check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we review the recently released Financial Reporting Council (FRC), the UK Anti-Slavery Commissioner, and Lancaster University (Management School) report on a sample of a hundred major companies’ modern slavery statements and their strategic and governance reports. Some of the highlights include: 1. Why the Report? 2. Some successes but much criticism. 3. Public responses when slavery issues are uncovered. 4. Why contracts are a part of the solution. 5. Key takeaways from the Report. Resources For more information on the FRC Report, check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we take up a fine in the UK by the ICO against Clearview AI. We have discussed other EU countries’ fines against Clearview previously. Some of the highlights include:
What is this case all about?
What did the ICO decide?
Why is AI under the spotlight again?
Other actions and penalties against Clearview?
Key takeaways.
Resources For more information on the Clearview AI fine by the ICO, check out the Cordery Compliance client alert on this topic; click here. For more information on Cordery Compliance, go to their website here. Also, check out the GDPR Navigator, one of the top resources for GDPR Compliance, by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Tom Fox returns for another episode of Life with GDPR. Jonathan Armstrong is on assignment this week, so we are joined by our colleague André Paris, a Brazilian Privacy and Compliance Consultant, Professor and Lawyer. Andre is the author of the book "Ethics and Transparency - A Path to Compliance". He is a specialist in building a Corporate Culture based on Ethics, Transparency and Respect. Experienced in Corporate Risk Analysis and Management, as well as in Protecting Corporate Reputation and Crisis Management. He is also an enthusiast on building a more ethical and transparent business environment. In this episode, we take up the Brazilian national GDPR-like data privacy law. Some of the issues we consider include: 1. What is the Brazilian law? 2. Who does it apply to? 3. What does a compliance program look like? Resources Check out Andre’s book, ETHICS & TRANSPARENCY: A Path To Compliance. Andre Paris on LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we take up the proposed agreement for data transfers from the EU (and UK) to the US. Some of the issues we consider in the myriad of questions around this latest version of Privacy Shield include: 1. Is this simply an agreement to agree? 2. Who will populate the independent court review in the US? 3. Will US spy agencies ever comply? 4. Will there be a real deal by the end of 2022? 5. Is this simply a temporary solution. Resources For more information on the new data transfer agreement, check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we consider the Italian Data Protection Authority (the Garante) fine against Clearview AI €20m for GDPR violations. It is the latest in a series of regulatory actions in Europe and in Australia against Clearview AI and it also continues a trend of AI enforcement in Italy. 1. Who is Clearview AI? 2. What is this matter about? 3. The background facts and the Italian investigation. 4. What did the Garante say? 5. Lessons learned and next steps. Resources For more information on the Italian Clearview AI enforcement action, check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we consider the UK Data Protection Authority, the Information Commissioners Office (ICO) recent announcement that it had fined a law firm, Tuckers Solicitors LLP for GDPR breaches. Tuckers was fined £98,000 after being hit by a ransomware attack. 1. Law firms are not unique. 2. What about other legal regulations and regulatory bodies? 3. The background facts. 4. What did the ICO say? 5. Lessons learned. Resources For more information on the Tuckers enforcement action, check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, consider the recently announced EU/US resolution to allow data transfer from the EU to the United States through the mechanism of Privacy Shield 3. Some of the issues we consider include: 1. Is it Déjà vu all over again? 2. What about consent and standard contractual clauses as a basis for data transfer? 3. What was the court’s ruling? 4. Why double due diligence will be required going forward? 5. What about the UK? 6. What does Max Shrems have to say? Resources Check out the Cordery Compliance, client alert on this topic, click here and here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.
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Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In the 2020 Morrisons case the UK Supreme Court ruled that an employer can be legally responsible for data breaches caused by their employees, although in the particular situation in that case the court ruled that Morrisons (the employer) was not liable for the actions of their rogue employee. In this episode, Tom and Jonathan look at the more recent case of Isma Ali v. Luton Borough Council where the High Court ruled that in committing the data security breach actions the rogue employee undertook, she had solely pursued her own interests and so the employer was not liable for her conduct. Some of the issues we consider include: 1. What were the underlying facts of the case? 2. What was the court’s ruling? 3. Key Takeaways for the data privacy, data protection practitioner, including: · Take a close look at security measures and ensuring that access rights are policed. Data loss prevention and monitoring systems should also be in place to check for large data files leaving the organization - depending on the circumstances, a rogue employee might be after a lot of data; · Put in place appropriate policies and procedures to make sure that data protection principles like data security and data minimization are properly understood; · Perform a Data Protection Impact Assessment for new processes; · Make sure that employees in trusted roles are reliable and that their access rights are reviewed. · Put in place and rehearse a data breach notification procedure, including detection and response capabilities; · Training staff on all of the above; and, · Check existing insurance or taking out new insurance to cover the range of potential risks from "innocent" errors to the actions of a rogue employee. Resources Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, dissect the case of the Smart TV and considers its implications for de minimis cases brought under GDPR. Some of the issues we consider include: 1. What were the underlying facts of the case? 2. Was the case filed in the correct court (High Court)? If not, why not? 3. What was the court’s ruling? 4. What is the viability of a de minimums claim going forward? 5. When dealing with data protection infringement compensation claims, look to cases from other jurisdictions. 6. No matter how seemingly trivial, organizations should be prepared for them and manage them with care. Resources Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we celebrate the 10-year anniversary of the initial proposal of the law which became GDPR. Some of the issues we consider include:
What was in the original proposal that did not become enacted in the final law?
Reduction in costs-what happened?
Right to be Forgotten, morphed into something very different than intended.
Fines, Fines, Fines.
Evolution of regulatory sophistication.
Criticism of regulators.
Resources Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we take a deep dive into class action litigation in the UK and EU around data privacy and data protection. Some of the issues we consider include: 1. Has the tide turned in favor of defendants in class action litigation in the UK? 2. Are actual damages now required to receive damages after a data breach? 3. How can a company manage a regulatory investigation of a data breach during a class action litigation? 4. What about suits against Boards of Directors? Resources Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.
Life with GDPR named one of the top 30 Data Security Podcasts you must follow in 2022. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong returns from assignment to take on a potpourri of issues with co-host Tom Fox. In this episode, we consider some of the issues from the Blackbaud data breach enforcement action. Some of the issues we consider include:
Does this matter signal a priority in risk shifting by the regulators?
Implications for class actions involving customers.
Hardening of the insurance market regarding data breaches.
More due diligence coming in the B2B arena.
Steps your organization should take now.
Resources Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong returns from assignment to take on a potpourri of issues with co-host Tom Fox. We use the recent speech by Deputy Attorney General Lisa Monaco as a jumping off point to discuss how this change in DOJ enforcement policy and focus will be impacted by GDPR, the new EU Whistleblower Directive and how increased international cooperation around international anti-corruption compliance may play out. Some of the issues we consider include:
Data protection issues under the new DOJ FCPA enforcement policy?
Monitorships outside the US.
Data privacy and investigations.
Class actions in the UK going forward.
Increased cooperation between the DOJ/SEC and the UK Serious Fraud Office.
Resources Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong is on assignment in Cornwall so for this episode Cordery Compliance co-founder Andre Bywater joins Tom Fox to discuss issues relating to the upcoming EU Whistleblower Directive, with a go live date of December 17. This is Part 2 of a special 2-part episode. Some of the questions we consider include:
What about whistleblowing and data protection issues?
Are individuals subject to whistleblowing allegations also protected?
Subject Access Requests.
False whistleblowing.
Sanctions for non-compliance.
Bounties for whistleblowing.
When must the EU whistleblowing rules be implemented?
Post-Brexit, how will the UK be implementing these rules?
What are Andre’s three takeaways?
Resources Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong is on assignment in Cornwall so for this episode Cordery Compliance co-founder Andre Bywater joins Tom Fox to discuss the upcoming EU Whistleblower Directive go live date of December 17. This is Part 1 of a special 2-part episode. Some of the questions we consider include: 1. Why is the EU tackling whistleblowing & what EU areas fall in scope? 2. Who can be a whistleblower? 3. What about anonymity and confidentiality? 4. Which whistleblowing route should a whistleblower follow? 5. Are there any record-keeping obligations? 6. Is retaliation prohibited? Resources Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. In this episode we take up a recent decision from Luxembourg which would seem antithetical to good whistleblower practices. We also consider the upcoming EU Whistleblower Directive go live date of December 17. Some of the questions we consider include: 1. What are the facts of the enforcement actions? 2. When should company harm outweigh public good from whistleblowers? 3. What lessons can companies learn from this matter in conjunction with the EU whistleblower directive? Resources Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. In this episode we take up Jonathan’s (current) favorite GDPR enforcement action, involving the food deliver services Deliveroo and Foodinho, who ran afoul of the Italian data protection authority. Some of the questions we consider include:
What are the facts of the enforcement actions?
What do these cases tell us about the use of AI and data privacy?
What lessons can companies that use algorithmic management of staff learn?
Resources Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. In this episode the always difficult decision of whether to pay or not to pay a ransomware demand. Some of the questions we consider include:
1. How does a ransomware attack occur? 2. What are the potential legal and commercial risks of paying ransoms? 3. What about specific new laws to ban ransomware payments? 4. What should you do if your organization is faced with a ransomware attack? 5. What can you do to guard against a ransomware attack?
Resources Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. In this episode we consider due diligence in mergers and acquisitions from the data privacy/data protection perspective. What should you review? Who should you talk to? What reps and warranties should you consider? These questions and much more on this edition of Life with GDPR. Resources Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today we conclude a special two-part episode in honor of the 3rd anniversary of the go-live of GDPR. We review five key developments in GDPR review, regulation and enforcement over the past 3 years. In Part 1, we looked at the increased militancy in GDPR enforcement, both from regulators and in private actions and enforcement trends over the past 3 years. In this Part 2, we consider the where of doing business, data security and customers issues as they have evolved over the past 3 years. Resources Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.
Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today we begin a special two-part episode in honor of the 3rd anniversary of the go-live of GDPR. We review five key developments in GDPR review, regulation and enforcement over the past 3 years. In this Part 1, we look at the increased militancy in GDPR enforcement, both from regulators and in private actions and enforcement trends over the past 3 years. Resources Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.
Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we conclude a 3-part series on issues relating to GDPR after Brexit. They include data protection, data transfer and issues related to trade sanctions, AML and export control. In this episode we consider trade sanctions, anti-money laundering and export control after Brexit. Resources Check out the Cordery Compliance Client alert on the data transfer after Brexit here. Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we continue our 3-part series on issues relating to GDPR after Brexit. The topics we discuss include data protection, data transfer and issues related to trade sanctions, AML and export control. In this episode we consider data privacy and data transfers after Brexit. Resources Check out the Cordery Compliance Client alert on the data transfer after Brexit here. Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we begin a 3-part series on issues relating to GDPR after Brexit. They include data protection, data transfer and issues related to trade sanctions, AML and export control. In this episode we consider data protection. Highlights include:
Does GDPR still exist in the UK?
Does pre-Brexit case law still matter in the UK?
What is the temporary data protection deal between the EU & UK all about?
How will extra-territorial reach work for the EU & the UK?
Will I need a Data Protection Representative?
Will I need a new Data Protection Officer
Resources Check out the Cordery Compliance Client alert on the data transfer after Brexit here. Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we take a look at the recent UK Supreme Court decision in the KBR document production case. KBR succeeded in its UK Supreme Court battle with the Serious Fraud Office (SFO). The case is interesting both in connection with the seizure of documents in SFO investigations and the sometimes criticized Section 2 notice procedure, which the UK Supreme Court held was unlawful in this case. Highlights Include: · What was this case about? · Why was it so important? · What is a Section 2 Notice? · What about extra-territoriality? · What was the Court’s decision based on? · Lessons for the compliance professional. · Wither the SFO?
Resources Check out the Cordery Compliance Client alert on the KBR decision here. Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.
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In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we take a look back at some of Jonathan’s most significant cases, enforcement actions and events in data privacy/data protection in 2020. We also consider the potential impact of Brexit on data transfers between the UK and the EU and how this will impact data transfers between the UK and US. Resources Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.
Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we consider EU courts reducing fines and penalties assessed by data protection regulators. The case reminds us that, as we said before, data protection authorities are likely to face challenges to high fines in the courts. In some respects, the fine mechanism in GDPR is based on the system in use in competition law cases where the success rate in appeals has been high. Some of the highlights are:
Background to several cases.
What did the court say?
What did the regulators say?
What are the lessons learned for the data protection/data privacy compliance specialist?
What steps can your organization take?
Resources Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we consider the Experian enforcement action. Recently, the UK Data Protection Authority, the Information Commissioner’s Office (ICO), slapped Experian with an enforcement notice requiring the company to make major changes to how it processes personal data in its UK marketing services business. The main themes in the investigation, which targeted various players in the credit referencing industry, centered on “invisible processing”, “over processing”, providing insufficiently clear privacy information and using certain lawful bases incorrectly for processing people’s data. Some of the highlights are:
Background to the case.
Why did the other credit rating agencies agree to the ICO terms?
This matter is about the Enforcement Notice and not fines and penalties.
Why is transparency essential in data processing?
How does big data make all this more difficult?
What are ‘legitimate interests’?
Check out the Cordery Compliance, client alert on the Experience matter, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.
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In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we consider the increase in subject access requests (SARs) and other liability issues under GDPR. Recently, the UK Data Protection Authority, the Information Commissioner’s Office (ICO), issued new guidance on handling SARs. The guidance follows responses from organization of all shapes and sizes however and is clearly an indication of what the ICO is thinking. Cordery also took part in the consultation process for this new guidance. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. In this episode, we consider recent decision by the Hamburg Data Protection Authority which fined H&M Germany €35.2m for GDPR violations. The case concerned excessive use of employee data and is the largest fine so far imposed by regulators for the handling of employee data. We are likely to see more pressure on employers to justify the handling of employee data as a result of today’s fine. Some of the highlights are:
What did the regulator say?
What did H&M do after the investigation began?
What about the current pandemic?
What are the implications going forward?
What is this decision’s precedential value?
What are some practical tips for compliance?
Check out the Cordery Compliance, client alert on this case, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode, I am joined by Jed Gardner of Linedata to discuss some of the practical aspects the Schrems III case, where the Court invalidated Privacy Shield. Some of the highlights are:
Why was this and what are the wider impacts to transatlantic digital trade?
When does this come into effect? Is there any grace period?
Let’s look at a transatlantic organization (Investment Firm). What risks are they now dealing with?
What should businesses be doing with their technology to address the ruling and ensure they can meet the EU GDPR data privacy regulations?
Check out the Linedata on their homepage here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we do our first emergency podcast based upon the European Court of Justice’s decision handed down July 16 on the Schrems III case, where the Court invalidated Privacy Shield. Some of the highlights are:
What were the issues involved in this case?
What did the Court find wanting in Privacy Shield?
What are the differences in the European and American approach that led to this result?
What was the ruling around standard contract clauses for data transfer?
What are the implications going forward?
Check out the Cordery Compliance, client alert on this case, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we consider recent decision by the Swedish Data Protection Authority recently imposed a fine of 200,000 Swedish kronor (approximately €18,700 or $21,320) on the Swedish National Government Service Centre (“the NGSC”) for failing to notify both the Data Protection Authority and others about a personal data breach in sufficient time. Some of the highlights are:
What were the issues and interests involved in this case?
What are the requirements for a reporting of a data breach under GDPR?
What are the differences in duties of the Data Processor and Data Controller?
What are the implications going forward?
What is this decision’s precedential value?
Is the decision Kafkaesque in its reasoning?
Check out the Cordery Compliance, client alert on this case, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.
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In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we consider recent decision by the Belgian Data Protection Authority which imposed a fine of €50,000 ($54,203) on an un-named organization for non-compliance with the GDPR conflict of interest requirement; in the selection of its Data Protection Officer. Some of the highlights are:
What were the issues and interests involved in this case?
What are the requirements for a DPO under GDPR?
How and why was the company ‘seriously negligent’?
What are the implications going forward?
What is this decision’s precedential value?
How much expertise, authority and autonomy must a DPO have going forward?
Check out the Cordery Compliance, client alert on this case, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.
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In this episode I visit with Jonathan Armstrong are back to discuss issues relating to data privacy, data protection and GDPR. Today, we consider the issue of verbal reporting under GDPR, in the context of the case of Scott v. LGBT Foundation. Some of the highlights are:
What were the issues and interests involved in this case?
What is a relevant filing system for automated data under GPDR?
When does the public health and safety outweigh data privacy?
Was Scott’s data processed by the LGBT Foundation?
What is the necessity test?
Check out the Cordery Compliance, client alert on the case of Scott v. LGBT Foundation, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode I visit with Jonathan Armstrong are back to discuss issues relating to data privacy, data protection and GDPR. Today, we consider the intersection of Closed Circuit Television (CCTV) and data privacy. Some of the highlights are:
CCTV is ubiquitous in the UK. Why is a DPIA so critical in GDPR compliance around this issue?
What about the safety implications for CCTV?
What about Subject Access Requests?
Transparency is critical. This means full notice to all employees.
What should be your retention policy?
Check out the Cordery Compliance, client alert on the CCTV and data privacy, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode I visit with Jonathan Armstrong are back to discuss issues relating to data privacy, data protection and GDPR. Today, we consider the recent decision by the UK Supreme Court on the Morrisons case. Some of the highlights are:
What were the background facts of the case and the trial court ruling?
What did the UK Supreme Court rule?
Does the SCt ruling leave the door open for subsequent class actions?
What are the differences between primary liability and vicarious liability?
What steps should a company take in response to the Morrisons ruling?
What does all of this mean for US companies, trying to get data out of the UK and EU?
Check out the Cordery Compliance, client alert on the Morrisons decision, here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode of Life with GDPR, Jonathan Armstrong and Tom Fox consider the recently released UK Information Commissioner’s Office (ICO) Cathay Pacific Airways Limited fine of £500,000 for failing to protect the security of its customers’ personal data. This is a pre-GDPR case and the fine represents the maximum fine under the ICO’s pre-GDPR powers. The ICO took into particular account the fact that Cathay Pacific failed to follow its own policies and ignored fundamental best practices. Some of the highlights in this episode include:
What were the background facts of the enforcement action?
What are the implications of a pre-GDPR enforcement action?
Why was the maximum fine levied?
What were the regulators findings?
What are the lessons learned for the data protection practitioner?
Where listeners can go for more information.
Resources Cordery Breach Navigator Cordery Client Alert “Client Alert: ICO Fines Cathay Pacific £500k for Data Security Breach” Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode of Life with GDPR, Jonathan Armstrong and Tom Fox consider the multiple data privacy/data protection risks which have arisen under the coronavirus health crisis. Some of the highlights in this episode include:
How does coronavirus impact GDPR compliance?
What issues arise with working from home?
What is consent and why is it so critical now?
What is the role of a DPIA in this process and why is it so critical?
Can you monitor employees working from home?
What about customer communications?
What are some basic best practices to minimize risk at this point?
What does this mean for companies and clients going forward?
Resources Cordery Breach Navigator Cordery Client Alert “Coronavirus and Data Protection” Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode of Life with GDPR, Jonathan Armstrong and Tom Fox have their first emergency podcast. Earlier this week, the Irish Data Protection Commission raided Facebook in Ireland over the company’s announced plan to begin a dating service on Valentine’s Day. Some of the highlights in this episode include:
What is the to-do all about?
Do European data protection authorities have dawn raid powers?
What might the Irish Data Protection Commission have been looking for in this raid?
What is the role of a DPIA in this process and why is it so critical?
When should a DPIA be carried out?
How can a DPIA a mitigating or aggravating factor?
What is the importance of training around DPIAs?
What does this mean for companies and clients going forward?
Resources Cordery Breach Navigator Cordery Client Alert “Ireland’s Data Protection Authority Halts Facebook Dating Service” Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode of Life with GDPR, Jonathan Armstrong and Tom Fox are back to discuss the recent ICO announcement that it was extending the time for British Airways and Marriott to respond to its proposed fine and penalty. Some of the highlights in this episode include:
What makes the background of the case so complex?
What did the ICO say and why did they extend the deadline for BA to respond?
What are some of the possible reasons for the delay?
What if anything does Brexit have to do with this?
In view of Brexit, will the EU be watching the ICO in this matter?
What might be the relationship between the ICO and EU on data privacy going forward?
Background of British Airways (BA) enforcement action.
Resources Is the BA Fine in the Departure Lounge? Cordery Breach Navigator Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode Jonathan Armstrong and I consider the implications of GDPR enforcement going forward after Brexit. Recognizing the situation is incredibly fluid, there are nevertheless some areas of risk management that you can begin to prepare for in the event of a deal for an orderly Brexit, a no-deal Brexit or an extension of the deadline Some of the highlights in this episode include:
What does Brexit mean for GDPR enforcement?
How will the UK-ICO move forward after Brexit?
What are the implications of a no-deal Brexit? What can a company do to prepare at this point?
How will the Irish regulators react to Brexit?
What will Brexit mean for internal investigations, both in the UK and EU?
What happens if there is an extension?
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In this episode of Life with GDPR, Jonathan Armstrong and Tom Fox are back to discuss the role of vendors in data breaches and the corporate response thereto. Some of the highlights in this episode include: How much due diligence did you perform on your vendors from the data protection risk perspective?How much due diligence did you engage in for any M&A activity or acquisitions?Do you have the full cooperation of your vendors in any data breach?What is the role of a vendor in responding to a data breach?Does your risk management strategy have a fall back if you have to terminate a vendor over a data breach?For more information on vendor data breaches, check out the following resource on the Cordery Compliance website, https://www.corderycompliance.com/dealing-with-a-data-breach/ . Also if you have not done so, check out the Cordery Breach Navigator here, https://www.corderycompliance.com/solutions/breach-navigator/
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In this podcast, data privacy/data security expert Jonathan Armstrong and Compliance Evangelist Tom Fox use the framework of GDPR to discuss a wide range of issues relating to these topics. They consider what the US compliance and InfoSec security expert needs to know about what is happening in the UK, Europe and beyond. In this episode, we conclude our three-part series of some of the key lessons learned from the first year of GDPR. Some of the issues and highlights are: Remediate then report. The remediation of an issue before reporting can be the key issue for regulators on whether they will move forward with a more public spanking. It is important to show that you have learned lessons and applied them to the facts of your data breach. Don’t try and cheat the victims by imposing new contractual terms such as Equifax did in its recent settlement. Think of the simple way for a data breach to occur, a briefcase left on the Tube. Don’t Diss the DPA. Why would a company take on the regulator? You must respect the regulator even if you disagree with them. You can make a bad situation worse by attacking the regulators. This does not mean you cannot forcefully argue you position or zealously represent you client but calling regulators idiots in public filings will not help you position or your case.
Keep logs. This is important in case you need to revisit a decision later. Regulators can ask to see these logs at any time, not simply during an investigation or enforcement action. A compliance officer should be involved in the maintenance of the log system. Document Document Document. Unannounced inspections are beginning to occur. Debrief and Learn. Revisit the facts to see what lessons are to be learned. Continuous improvement. Even on a journey of 1000 miles, it is important to look back. Once again if you make a change due to a breach or other event, document what you have done so you can show the regulators. For more information on Cordery Compliance, go their website here. For more information on data breaches, see here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this podcast, data privacy/data security expert Jonathan Armstrong and Compliance Evangelist Tom Fox use the framework of GDPR to discuss a wide range of issues relating to these topics. They consider what the US compliance and InfoSec security expert needs to know about what is happening in the UK, Europe and beyond. In this episode, we continue our three-part series of some of the key lessons learned from the first year of GDPR. Some of the issues and highlights are: DPIA Everything. It’s mandatory under GDPR. It is a process analysis so you will need Subject Matter Expertise. How often do you revisit DPIA? Regulators are beginning to look at the process of your DPIA. When new process comes into play, you should do a new DPIA. Do you require DPIA when you hire 3rdparty vendor or in the M&A situation? If not you should do so moving forward. Do SARs and DSRs are real good.How do you deal with these types of request? More importantly do you have a centralized team to understand the reason behind the request. Who could make that analysis? Is it a work in progress for your organization? Robust response to SARs is critical, as they are here to stay as core component of GDPR. Respect the time. Time limits are much more generous in the US. Some regulators suggest not to be obsessed with time. Will courts allow ‘reasonable delay’? Corporations trying to extend the 72 hour by time zone arguments and other ridiculous argument by US corporations. (Listen for the Thanksgiving Weekend exemption) Regulators can fine you for being late. Are US companies getting the message? It’s a mixed bag, some are not doing so. For more information on Cordery Compliance, go their website here. For more information on data breaches, see here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this podcast, data privacy/data security expert Jonathan Armstrong and Compliance Evangelist Tom Fox use the framework of GDPR to discuss a wide range of issues relating to these topics. They consider what the US compliance and InfoSec security expert needs to know about what is happening in the UK, Europe and beyond. In this episode, we begin a three-part series of some of the key lessons learned from the first year of GDPR. Some of the highlights in this episode include: Do you have a plan? You need to have a plan for a data breach because it is not if but when you will be hacked. Armstrong advises you can be two plans; one for all employees which is straight-forward so that all employees will be able to understand it. You should have a second plan, which you rehearse which is for all compliance/IT/data security. It should be process driven so it allows flexibility for those responding. Know your data and know your third parties. Many companies have disaggregated data because they have so many vendors and platforms where data is stored. You must know who has your data. Do you have visibility into 3rd, 4thand 5thparties from the data perspective? You should also capture where data is going in an organization, particularly customer and employee data. Finally, and sadly overlooked by many US companies is the question of data protection of a US parent when a UK/EU sub is audited? Assemble your data response team now and practice, practice, practice.You need to look at your data security response. What does the A Team teach you about data response? You should strive for strength in diverse skills and practice your response. Look at PR rapid response, your compliance, your legal response all in addition to your IT/data security response. Regulators looking at share price drop off, this shows the need for a rapid, practiced response. For more information on Cordery Compliance, go their website here. For more information on data breaches, see here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this podcast, data privacy/data security expert Jonathan Armstrong and Compliance Evangelist Tom Fox use the framework of GDPR to discuss a wide range of issues relating to these topics. They consider what the US compliance and InfoSec security expert needs to know about what is happening in the UK, Europe and beyond. In this episode, we discuss the recently announced proposed fine by the UK Data Protection Regulator against British Airways (BA) after its data breach. She intends to fine the airline £183.39 million (approximately $230MM). Some of the highlights in this episode include:This proposed fine represents the largest GDPR fine in the UK.As the fine is now open to comment by BA and other national data protection regulators, the amount of the final fine may change.The BA CEO comes out swinging against this fine.What was the role of the ICO as ‘lead regulator’?Will BA’s tone-deaf posturing hurt or help it with the final penalty?What did BA know and when did they know (yes that is the famous Watergate question) will be a critical analysis.What remedial measures did BA engage in after it became aware of the breach?What are the lessons to be learned by the data privacy officer?For more information on Cordery Compliance, go their website here. For additional reading see the Cordery Compliance article, “UK Data Protection Regulator Announces Intention to Fine BA after Data Breach”. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this podcast, data privacy/data security expert Jonathan Armstrong and Compliance Evangelist Tom Fox use the framework of GDPR to discuss a wide range of issues relating to these topics. They consider what the US compliance and InfoSec security expert needs to know about what is happening in the UK, Europe and beyond. This episode is the first of a two-part series where Jonathan Armstrong and myself consider some of the highlights from the first year of GDPR implementation and enforcement. In this Part I we considered some of the enforcement numbers. In this Part II, we discuss some of the substantive issues. Some of the highlights in this episode include: Security issues-multiple regulators for large breaches and questions of whether TOMs are adequate. 6 Principles of GDPR-highest is around transparency.Data Subject Rights are seen as the biggest corporate pain points.DPIAs have been embraced by many companies and are seen by regulators as the backbone of a corporate compliance program around data security/data privacy. Industry sweeps are beginning to occur. Mixed quality of legal advice is hurting many companies in their compliance efforts. Some significant cases are headed to trial and then appeal. GDPR is here to stay. For more information on Cordery Compliance, go their website here.For additional reading see the Cordery Compliance article, “GDPR One Year On”.Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this podcast, data privacy/data security expert Jonathan Armstrong and Compliance Evangelist Tom Fox use the framework of GDPR to discuss a wide range of issues relating to these topics. They consider what the US compliance and InfoSec security expert needs to know about what is happening in the UK, Europe and beyond. This episode is the first of a two-part series where Jonathan Armstrong and myself consider some of the highlights from the first year of GDPR implementation and enforcement. In this Part I of this two-part series we consider some of the enforcement numbers. In Part II, we will consider some of the substantive issues. Some of the highlights in this episode include: EDPB says just over 150,000 complaints files EU under GDPR. Robust enforcement by both regulators and private bodies/citizens.UK leads with the largest number of complaints filed, followed by Germany then France.Around 950 complaints have reach courts. Italy is the country which has seen the largest number of court cases. Several countries are increasing inspections which could lead to enforcement actions. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this podcast, data privacy/data security expert Jonathan Armstrong and Compliance Evangelist Tom Fox use the framework of GDPR to discuss a wide range of issues relating to these topics. They consider what the US compliance and InfoSec security expert needs to know about what is happening in the UK, Europe and beyond. In this episode, I visit with Jonathan Armstrong about a recent enforcement action against Bounty UK Ltd. by the UK data protection regulator. Some of the issues and highlights are: The enforcement action came out of the Facebook/Cambridge Analytica investigation. Déjà vu all over again?Why did the company receive 80% of the highest possible fine?How does this case mimic the Emma’s Diary enforcement action?What are the lessons to be learned? For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode, I visit with Jonathan Armstrong a topic which does not seem to garner the attention that it deserves in data protection; that being passwords. Some of the issues and highlights are: What is two-factor authentication? How, when and where should your use it?What are the most common passwords still in use?Why are passwords one of the most basic forms of data security protection?What are the lessons to be learned? For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode, I visit with Jonathan Armstrong to consider the recent regulatory fine leveled against London Borough of Newham £145,000 for a data breach involving the data of more than 200 people. It presents a situation where a data breach was literally a matter of life and death. Some of the issues and highlights are: What was the data and why was it so sensitive? How was the data leaked?How did the authorities determine the data breach?What as the basis of the Information Commissioner’s Office (ICO) fine?What are the lessons to be learned? For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode, I visit with Jonathan Armstrong consider the increasing business risk around phishing. There have recently been some multi-million-dollar losses around phishing so you need to be prepared. Some of the issues and highlights are: What is phishing? The largest number of data breach have come through phishing. Why has it become such a business risk?What are the requirements a company take against phishing under GDPR?What are the three key concepts in data protection?Modern phishing attacks are very sophisticated.What are some of the most intricate frauds seen in this area? For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode, I visit with Jonathan Armstrong consider some of his predictions for the rest of 2019. Even if these predictions do not become fully formed, you should consider them in light of your data privacy/data protection policies and protocols. Some of the issues and highlights are: Drones-what are the GDPR implications. The number of data breach notifications under GDPR. Through the end of January there were over 42,000 in the EU alone.Will AI and self-driving cars follow the rules on safe driving standards, or will there be new rules for the road? What will be the effects of data, big data and AI in elections going forward? What will be the fallout from Cambridge Analytica going forward?How will businesses respond to the industrialization of internet crime? What happens when there is a Zero-Day exploit?Cybersecurity insurance. Will standard insurance rules and regulations apply, or will new policy language be drafted for such coverage? For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode, I visit with Jonathan Armstrong on the recent UK court of appeals decision in the Morrisons’ case. This decision stretched the limits of vicarious liability for a corporation to the absolute breaking point and has significant implications in the broader data privacy-data protection space. Jonathan and I go full lawyer-geek to discuss the legal theories, underlying facts and what it all may mean. Some of the issues and highlights are: The case is instructive for how to do (or perhaps not do) regular business under GDPR on data privacy. If a file is too large to email, it presents a higher data protection risk and must be so managed.Should you do risk assessments on individual employees around data privacy-data protection? How can vicarious liability exist for ultra vires conduct by an employee?How do you properly scope an investigation to ascertain an individual’s mindset?A company must require its vendors to exercise appropriate data protection and control. Will Morrisons apply to the UK Supreme Court for relief? For a more detailed reading, see the Cordery Client alert, here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode I visit with Jonathan Armstrong on the recent fine levied by British regulators against the insolvent institution Cambridge Analytica for violations of the British privacy law which was in place before GDPR went live. The case involved Cambridge Analytica denying aggrieved parties subject access requests and associated rights. Some of the issues and highlights are: The case demonstrates how not to interact with regulators as Cambridge Analytica’s pleadings were unnecessarily demeaning. The settlement with the company left open the possibility of criminal charges against individuals.How wide is the jurisdiction of the ICO? This case tested the limits. Always remember data subjects have rights.What are the key takeaways on the case?A vigorous defense of a civil action can lead to higher regulatory fines. What does a corporate regime change mean for regulatory enforcement? For a more detailed reading, see the Cordery Client alert, here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode I visit with Jonathan Armstrong and André Bywater on the recent fine levied by the French Data Privacy regulator CNIL against Google for violations under GDPR. Some of the highlights are: The case is the first major GDPR fine against a US company.It demonstrates the lack of forum shopping available to US companies which are looking for a softer regulatory approach.How did the regulators investigate, review and assess a fine and penalty so quickly as GDPR only came into effect last May?What were the two basis of legal violations under GDPR?What are the key takeaways on the case?How was the quantum amount determined? Is it reasonable? Will Google appeal to the European Court of Justice? For a more detailed reading, see the Cordery Client alert, here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
The Administration’s attacks on allies, perhaps former allies and other in the area of trade and sanctions has not occurred in vacuum. Many other countries and groups such as the EU have retaliated with counter-sanctions. One area that the current administration does not seem to have considered too well is EU data privacy and data protection. In this episode of Life with GDPR we explore this issue in the age of trade policy as conflict. Learn more about your ad choices. Visit megaphone.fm/adchoices
The recent case involving the Jehovah's Witnesses and data privacy in the UK raised some very interesting legal issues. It also demonstrated just how broad the reach of GDPR could be. In this podcast Jonathan Armstrong and I unpack the case, detailing the underlying facts, the Court's rationale behind its decision and conclude with some of the implications for not only corporations but also individuals and data privacy practitioners. Learn more about your ad choices. Visit megaphone.fm/adchoices
The General Data Protection Regulation (GDPR) which went live on May 25, 2018. What has happened since then in the data privacy and data protection world? In this episode, Jonathan Armstrong, partner at Cordery Compliance and I explore what is going on publicly and what has been going on behind the scenes as well. Armstrong provides his thoughts, reflections and observations on the activity which have and will impact companies and individuals going forward. Learn more about your ad choices. Visit megaphone.fm/adchoices
How does a company transfer data from the European Union (EU) to the US under the General Data Protection Regulation (GDPR) which went live on May 25, 2018? I recently had the opportunity to visit Jonathan Armstrong, partner at Cordery Compliance in London and an internationally renowned data privacy/data protection expert on this topic. Armstrong noted there have been some changes which may significantly impact this issue going forward. There are basically four ways to affect such a transfer. Learn more about your ad choices. Visit megaphone.fm/adchoices
While most practitioners focused on the heavy fines and penalties available under GDPR of up to 4% of total global revenues or other very large fines, there are other remedies that each EU and UK data regulator can levy or put into place that may require considerable corporate cost and effort. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode of Countdown to GDPR, Jonathan Armstrong, a partner at Cordery Compliance in London and I consider the roles of vendors in GDPR. These roles are both in complying with GDPR and substantively following the regulation itself. The first area is a vendor which is a subject matter expert in the areas of data protection and data privacy. The second is in managing vendor risk under GDPR. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode, we take up a key element in the upcoming General Data Protection Regulation (GDPR), which comes into effect on May 25, 2018, that being the issue of the Data Protection Impact Assessment. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode we explore the basic policies and procedures that you need to have in place to comply with the General Data Protection Regulation or GDPR. Learn more about your ad choices. Visit megaphone.fm/adchoices
In today’s episode of Countdown to General Data Protection Regulation (GDRP), Jonathan Armstrong, a partner at Cordery Compliance Ltd in London, and myself consider the role of the Data Protection Officer (DPO) in complying with the new regulations which go live on May 25, 2018. Learn more about your ad choices. Visit megaphone.fm/adchoices
Whether you are ready or not, the EU General Data Protection Regulation (GDPR) goes live on May 25, 2018. It will impact companies doing business in London as much as any other EU legislation. To help US companies prepare, Jonathan Armstrong and myself have started a countdown to GDPR podcast. In this premier episode we discuss what is GDPR and why it is so important that you begin preparing now. Learn more about your ad choices. Visit megaphone.fm/adchoices