William Richmond-Coggan

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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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 You might think that you have this covered, but it’s a fast-moving area and many organisations don’t realise they are out-of-date and failing to comply with the law.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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Another new name (Data Use and Access Bill (DUAB)) but some familiar themes from the previous government's DPDI Bill in the latest proposed UK Data Protection reforms. See our summary here thanks to Malcolm Dowden Anna Flanagan and PM Outlaw team.

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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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Download Dye & Durham UK latest e-book for an easy-to-use guide on managing the business side of your law firm. Inside you’ll find: 🎯key industry insight about how other law firms operate 🎯breakdown of the benefits of practice management systems 🎯potential pitfalls if you don't have one Get your free copy: https://bit.ly/3ZJfZYG

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Introducing our June A.I. Bundle With all the A.I. projects surfacing it is essential that organisations have robust data protection governance in place. We believe anyone who is keen to know the UK GDPR requirements and how best to maintain privacy rights will benefit from our increasingly popular A.I. Privacy Practitioner course As an added bonus, the course now comes with the following: * A.I. Policy Template * A.I. DPIA Template * A.I. 3rd Party Procurement checklist more info here https://lnkd.in/eKQRWH6U #AI #dataprotection

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The interplay of AI, data and the role of the human in litigation was brought under the lens at our morning fireside chat yesterday, held in collaboration with Epiq for #LIDW24. Chaired by court reporting expert Lorraine Medcraft and insights from our CRO Peter Nussey and partner Guy Pendell from CMS UK. One key discussion takeaway underscored how data and AI outputs can serve as crucial anchors and reference points at various stages of litigation, but human judgment and creative thinking remain essential in their application and in determining final outcomes. #legaltech #DisputeResolution

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Should Law Firms Review Billing Methods if They Are Using AI? 🤔 According to a recent LexisNexis UK survey, nearly 40% of private practice lawyers in the U.K. and Ireland said the billable hour model will remain in place, and only 17% think it will be abandoned because of AI, 42% are uncertain about AI's impact on pricing structures. Interestingly, while 40% of lawyers still see the billable hour persisting, around four out of five—82%—of the 803 surveyed legal professionals are currently using or planning to adopt AI tools for work. This insightful survey took place between 13/08/2024 to 03/09/2024. For the latest developments on how AI is influencing billing practices and other legal operations, follow Law360 UK. Connect with me for an in-depth analysis and consider starting a trial with Law360 UK today! #LegalTech #LawFirms #ArtificialIntelligence #BillingInnovation #LegalIndustry #Law360UK #LexisNexis

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"While steps are ongoing to reduce the backlog in probate cases, legal experts have told..." Read on: https://lnkd.in/evbRfvC8 #news #probate #parliament #legal #law #grant #wills #lawcommission #BizHour

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A tool to automatically generate privacy policies…..   For those who (1) work in small or medium-sized businesses or charities and (2) have responsibility for ensuring your organisation's data protection compliance, the ICO's privacy notice generator tool might be for you….   The tool will ask a number of questions and then generate a privacy notice to share with people outside your organisation.   This is a must for any start-up companies. Whilst most established organisations will have privacy policies in place, it may also be worth giving this tool a go to see if you can improve it and make your data processing more transparent.   https://lnkd.in/e6q3ftBE

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Head of lawtech and chief knowledge and innovation officer, Chris Tart-Roberts, has been quoted in a LexisNexis UK report discussing the biggest opportunities, risks and challenges of implementing AI into the practice of the law. Find out more: https://ow.ly/nw9e50TvWYF (paywalled). #LegalTechnology #Lawtech #AI

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Anyone interested in the future of e-signatures and QESs should read this excellent Briefing Paper by Richard Oliphant on proposed changes to the UK eIDAS Regulations. #eidas #digitalsignatures #QES #datauseandaccessbill

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📢 The ICO has just published a new and comprehensive data protection audit framework, which lists its “expectations” for compliance with the UK GDPR. These “expectations” impose a number of standards that, in my view, represent a much higher standard than the common benchmark for businesses. Well worth a read as part of your compliance planning. You can find out more in our #data flash update below… Thanks to Liz Fitzsimons, Heather Farrell-Boote and Rebecca Crowe (as well as Robert Chamberlain) for working with me to pull our thoughts on this together so quickly!

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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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What you need to know about the new data bill in a few short paragraphs!

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📖 How to Overcome the Top 3 Implications of the Cyber Skills Shortage in UK Law Firms Law firms are struggling to keep up with the demands of the evolving threat landscape, so we've put together a whitepaper to help you learn how to: ✅ Protect your IT estate against sophisticated cyber attacks ✅ Bridge the skills gap ✅ Optimise your budget Grab Your Copy 👇👇 https://loom.ly/cOjPQFk

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Automate and customise your law firm's own documents and precedents within LEAP; modify existing precedent letter templates, as well as add and automate your own. Discover more efficient and innovative ways to work: https://lnkd.in/e75FJh4j #legaldocuments #precedents #automation #lettertemplates #legaltemplates #LEAPsoftware

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The UK High Court's recent judgment on the ‘right of access’ and the ‘household exemption’ under UK GDPR has sparked significant interest.⚖️ When a gardener's recordings of threatening calls led to a High Court case, it highlighted key aspects of data protection law. Our latest blog delves into the case, exploring the scope of the "household exemption," the role of data controllers, and the influence of EU law post-Brexit. Read our latest blog to learn the potential implications for your data protection practices: https://bit.ly/3RWktGE #UKGDPR #DataPrivacy #HighCourtJudgment #DataProtection #RightOfAccess #HouseholdExemption #LegalUpdate

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