Keily Blair

I'm delighted to be presenting the DMA's freshly updated Masterclass: Responsible Marketing: Privacy, compliance and the law on 29th May - https://lnkd.in/e_xyrye. This Masterclass is accredited by the IDM and there are still some place left if you'd like to join us! #DMA #IDM #DataDrivenMarketing #Marketing 

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Jersey island rocks this week with collective brains and talent of global privacy, data, innovation, technology experts at GPA. It is of course the global privacy assembly, but it is beyond privacy and all about data and AI governance, responsible use of data and trusted development of technology, to drive our economic and societal progress. This is what all of us - regulators, organisation, public services, practitioners and policy makers have to embrace this. We need widen our horizons - sidewise and future-wise. Digital and data policy, regulation and compliance are broadening beyond privacy, but always with privacy in mind , as a cross sectoral topic across all digital areas - AI, online safety, cybersecurity, competition, data sharing, digital identity. All of these matter and really, too! Can’t wait to participate at GPA, CIPL panels and events and work in this new digital reality. #CIPL #datagovernance #responisbleAI

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June 2024 - another momentous month in the Data Protection & Cyber Security world - read more in our Data Protection Insights - and quick reminder re next Thursday's Breakfast Briefing in London on recent EU data protection case law - event details are towards the top of the article! https://lnkd.in/eRHwBKWe Watch out also for our early commentary on the two data protection & cyber security Bills in the King's Speech!

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The ICO are cracking down on cookie compliance! Is your website taking the biscuit? 🍪 We’ve been talking to Tom Gell, data protection expert at Trust Keith • The DPO-aaS for Scale-Ups and ISO Serious, about cookies. You might think that you have this covered, but it’s a fast-moving area and many organisations don’t realise they are out-of-date and failing to comply with the law. Tom shares his list of the top 7 things you need to know below to help ensure you measure up... 1️⃣ There are two types of cookies 2️⃣ Analytical cookies  3️⃣ Other tracking technology 4️⃣ Changing law 5️⃣ 3rd party providers 6️⃣ "Reject all"  7️⃣ Countries If you want to discuss any of the above or if would like us to check your cookie policy for compliance please get in touch on [email protected]. You may also want to check out our previous blog on why do I need a cookie notice (linked below). #Cookies #Compliance #CookiePolicy #DataProtection Mitchell Omer

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When is consent invalid as per GDPR? To summarise, you do not have valid consent if any of the following apply: you have any doubts over whether someone has consented; the individual doesn’t realise they have consented; you don’t have clear records to demonstrate they consented; there was no genuine free choice over whether to opt in; the individual would be penalised for refusing consent; there is a clear imbalance of power between you and the individual; consent was a precondition of a service, but the processing is not necessary for that service; the consent was bundled up with other terms and conditions; the consent request was vague or unclear; you use pre-ticked opt-in boxes or other methods of default consent; your organisation was not specifically named; you did not tell people about their right to withdraw consent; people cannot easily withdraw consent; or your purposes or activities have evolved beyond the original consent. #GDPR #DPDPA #dataprotection #consent #legal #Compliance #DPIA #ROPA #gdpraudit #audit #data #AI #tech #cyber #GRC #CISO #CFO #CXO #CLO #law #policy #privacy #privacypolicy #BFSI #banking #insurance #kyc #fintech #cyberlawyer #techlawyer

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We are pleased to be able to announce that we have extended the legal software systems we support to include Clio. https://lnkd.in/dAdtSuR8 This adds to the support we give to users of LEAP and eclipse Proclaim. So if you have Clio and feel you need some help, give us a shout! #legaltech #lawfirm #legalprofession #lawyers #clio

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Does anyone read the small print? Well, when it comes to the privacy notices of 20 UK public bodies, the answer is...probably not. Freedom of information requests submitted by Linklaters showed that only 1 in 200 website visitors looked at the privacy notices and, of those that did, they spent an average of 48 seconds doing so. Yet despite this, consumers are likely to be faced with more of this information not less. As well as its continued importance for data privacy compliance, the Online Safety Act will require many online services to provide an enormous amount of further information in their T&Cs. The article below, written in Peter Church's characteristic style, is well worth a read (not least due to the fact it quotes from our recent ICO v Experian judgment).

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🚨 NEW REPORT: 'The Legal Dragnet - Joint Enterprise Law & Its Implications' by Nisha Waller, Centre for Crime and Justice Studies 🚨    The report highlights a case from Manchester in 2017 that our Keir Monteith KC is appealing to the Criminal Cases Review Commission, where Black and mixed-race teenagers were sentenced to a total of 168 years for one murder under the law of #JointEnterprise. Keir represents Nathanial Williams, Durell Goodall and Reano Walters. See coverage in The Guardian🔽 https://lnkd.in/eug2RbP3 The report highlights the risks posed by the current ambiguous law and prosecution practice concerning secondary liability, often referred to as 'joint enterprise' and makes a case for creating a safer framework for prosecution. Read the report here 🔽 https://lnkd.in/eUTMD_Qm  

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Lessons to be learned on using WhatsApp and other apps - organisations need to know if staff are using such apps for work purposes and take control of them.

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🗣️Snap has announced new safeguarding features including changes to friend requests and simplified location sharing and reminders regarding their Snap Map 🌎 🔗 see more here 👉🏻 https://lnkd.in/ePapGB-F 🔗 And here 👉🏻https://lnkd.in/e_tNtrEg) our community from online harms. The new suite of tools announced includes ⚠️expanded in-app warnings, 🚸enhanced friending protections, 🌎 simplified location-sharing, and ❌blocking improvements Snap says “this was all designed to reinforce the real friend relationships that make Snapchat so unique” These expanded features build on our ongoing work to make it difficult for strangers to contact people on Snapchat. For example, Snap don’t allow anyone to be messaged by someone they haven’t already added as a friend, or have in their phone contacts. In other words, Snapchatters must proactively select who they communicate with” ⚠️Expanded In-App Warnings Last November, Snap introduced (🔗👉🏻https://lnkd.in/e_tNtrEg) a pop-up warning when a teen receives a message from someone they don’t already share mutual friends with or have in their contacts. 🗣️“The message informs teens of potential risk so they can carefully consider if they want to be in contact and reminds them to only connect with people they trust. 🗣️Since launch, this feature has empowered millions of Snapchatters to take action, leading to more than 12 million blocks. 🗣️Now we’re expanding these in-app warnings to incorporate new and advanced signals. Teens will now see a warning message if they receive a chat from someone who has been blocked or reported by others, or is from a region where the teen’s network isn't typically located– signs that the person may be a scammer”

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'Judge-led mediation'....ummm ? Why is there a determination to make mediation 'part of' and intertwined with the legal system and thus become incredibly complex and thus ineffective? Why is mediation not left as an alternative, without prejudice process such that clients can choose between one and the other, not have something which is so complex when intertwined with the legal system it cannot but be subject to these kinds of risks. I don't get it. Just leave mediation to be what it is.....an incredibly simple and thus effective and client-led process and leave the legal system to its entirely different, philosophically and practically, process. Trying to mix the two is like stirring up oil and water.

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Don’t miss this webinar tomorrow, presented by our very own Judith Rafferty and Claire Holland. Have you ever faced conflicts that are much more difficult to resolve than others and need a different approach beyond traditional conflict resolution efforts? In this session, you will be introduced to a planned approach to conflict engagement (PACE framework) as a distinct approach to dealing with enduring conflicts. You will learn about what makes some conflicts ongoing and resistant to resolution – we call these conflicts “enduring”. You will leave the session with knowledge of some practical tools to help clients, or yourself, more effectively manage enduring conflicts. These practical tools focus on turning avoidance into engagement; developing constructive conflict narratives; awareness of effective communication strategies; how to use agreements, power, and escalation wisely; and, developing a sustainable engagement approach. Find out more and register using the link in the comments. #conflicts #difficult #PACEframework #enduringconflicts #practicaltools #strategies #engagementapproach #webinar #conflictmanagement #conflictresolution

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Anti-counterfeiting is notoriously tricky, particularly with the advent of #AI. Join our webinar to hear from Simon Barker how best to use your resources to maximum effect!

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NEW ONLINE COURSE: Transformative Mediation Essentials We are delighted to announce the launch of our new course, Transformative Mediation Essentials, presented by Tara West. Tara is a Fellow with the Institute for the Study of Conflict Transformation and a certified transformative mediator. She is the author of The Mediator’s Approach: Five (and a Half) Paths Through Conflict (2021) and co-author of Self-Determination in Mediation: The Art and Science of Mirrors and Lights (2022). This course goes beyond a mere introduction and digs deeper into both the theory and practice of the transformative mediator. It also includes a conversation about how to integrate the transformative approach into your own practice if you’re not yet (or ever!) ready to go “all in.”. It also provides different ways of thinking about the mediator’s role that can help your reflective practice, whichever model you use. Tara also explains how a transformative mediator introduces the process to the parties, approaches one-on-one conversations, and works with lawyers and support people. Tara addresses some of the main misconceptions about transformative mediation, and she answers questions from mediators trained in the facilitative model. The course includes two transformative mediation role plays (conducted by Dan Simon and Samantha Hardy) and comes with a workbook to apply your learning. As a bonus, from May to July, we are offering live Q&A sessions conducted by Tara West and Samantha. These are scheduled at various times to cover as many time zones as possible. Find out more and register using the link in the comments. #transformativemediation #onlinecourse #mediation #conflict #selfdetermination #conflictcoaching #conflictmanagement #conflictresolution #registernow

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NEW ONLINE COURSE: Transformative Mediation Essentials We are delighted to announce the launch of our new course, Transformative Mediation Essentials, presented by Tara West. Tara is a Fellow with the Institute for the Study of Conflict Transformation and a certified transformative mediator. She is the author of The Mediator’s Approach: Five (and a Half) Paths Through Conflict (2021) and co-author of Self-Determination in Mediation: The Art and Science of Mirrors and Lights (2022). This course goes beyond a mere introduction and digs deeper into both the theory and practice of the transformative mediator. It also includes a conversation about how to integrate the transformative approach into your own practice if you’re not yet (or ever!) ready to go “all in.” It also provides different ways of thinking about the mediator’s role that can help your reflective practice, whichever model you use. Tara also explains how a transformative mediator introduces the process to the parties, approaches one-on-one conversations, and working with lawyers and support people. Tara addresses some of the main misconceptions about transformative mediation, and she answers questions about transformative mediation from mediators trained in the facilitative model. The course includes two transformative mediation role plays (conducted by Dan Simon and Samantha Hardy) and comes with a workbook to apply your learning. As a bonus, from May to July, we are offering live Q&A sessions conducted by Tara West and Samantha. These are scheduled at various times to cover as many time zones as possible. Find out more and register, using the link in the comments. #transformativemediation #onlinecourse #mediation #conflict #selfdetermination #conflictcoaching #conflictmanagement #conflictresolution #registernow

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In 2024 the Digital Justice System of England and Wales offers no fewer than 10 different ways of asserting or defending civil rights and remedies. I leave aside Family and Tribunal procedure, for today. There is a choice of route to justice or, at least, resolution. "This choice is not merely a choice between a number of ... technical terms, it is a choice between methods of procedure adapted to cases of different kinds." The quotation is from F W Maitland describing, not today's civil justice system (that might be difficult as he died in 1906), but a system of 14 (at least) discrete procedures that determined different routes to resolution which prevailed in England from the13th century to the end of the 19th. Use the wrong form and a claim would be stymied, rejected and ended. In 2024 the Modernisation of our Civil justice system has given us multiple routes to justice but not all routes are for all claims. These routes are available in pre-action: The Claims Portal and the Official Injury Claim portal or platform. Both are funded and maintained by the Insurance industry. They resolve hundreds of thousands of, in the broadest sense, personal injury claims every year. Neither allow for the transfer of data to the courts. Requiring instead that parties print forms and post them to a processing centre. All other pre-action processes are conducted using 20th century technology - paper and email. If a wronged party wants to access the authority of the State to secure an enforceable judgment then there are 7 routes. 3 so-called "legacy" platforms: The Civil National Business Centre accessed through a digital bit of kit called the Secure Data Transfer process or SDT. Possession Claims Online (PCOL) Money Claims Online (MCOL) Both PCOL and MCOL went live in early 2014. 2 products of the Modernisation Programme: Online Civil Money Claims (OCMC) and Damages Claim Portal or Pilot (DCP). Each is for a different type of claim and each has its own discrete rules. Neither cover the entire trial journey although certain courts have been trialling an end-to-end version over the past year or so. Finally there is an off-the-shelf platform licensed since 2015 from Thomson Reuters (TR)'s C-Track which HMCTS call CE-File (or Courts Electronic File). It operates only in specific courts. It remains possible for claims to be commenced on paper. Indeed in most cases claims will become paper based because HMCTS have not yet finished building the Court platforms. We know what happened to claims that went down the wrong route in 1424, because Maitland did the research. 600 years later however we have no idea what happens to parties choosing the wrong route in 2024, Dr. Natalie Byrom? Tomorrow I will dive deeper into the detail of this confused and confusing New Landscape of Litigation. DisputesEfiling.com Limited ADR ODR International Limited Rahim Shamji DDRS Graeme J. #adr #odr #a2j Thank you Kenny Eliason on Unsplash for the image

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You do not want to miss this strategic new paper from CIPL and Richard Thomas on how should DPAs deliver effective and outcome-driven data privacy oversight, supervision and enforcement by focusing on outcomes, risk-based behaviours, strategic goals, transparency and constructive ex -ante engagement. Just like the companies and public sector need to step up their own digital accountability, regulators need to consider how to effectively deliver their role and the objectives of the digital regulation. New times call for new behaviours, new tool, new collaborations and laser-focused prioritisation to achieve the outcomes intended by legislators. DPAs and other digital regulators must be truly empowered economic regulators too, focusing on both harms and risks, but also benefits of responsible data use and responsible development of technology. It is not about stopping data use, nor AI or other technologies, but ensuring it happens responsibly, with benefits for people, society and economic growth and with trust. We are all in the same boat and have to work together towards this! Join us on this shared journey. And this is a perfect setting for the upcoming Global Provacy Assembly in Jersey next week and CIPL’s dinner and conversation with Richard Thinas and Prof. Christopher Hodges on this topic. #CIPL #Smartregulation #accountability #digitalregulation

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