Thanks to everyone that joined Rachel Lawson and me today for our Brodies LLP Spring 2024 Data Protection Law Update webinar. We're well used to draft bills, guidance and court decisions dropping the day before our Data Protection Update webinar and having to re-write or add new sections, but this is the first time I've been checking Twitter for the latest status on something as we start rolling! Anyway, given that the Data Protection and Digital Information Bill is not on the business list for the Lords today or tomorrow it looks like it will not make the wash-up before Parliament is dissolved and will therefore fall. The #DPDIB has had a tortured existence - first introduced in July 2022, pulled hours before its second reading in September 2022, re-announced b y the Secretary of State in October 2022, reintroduced to Parliament as a new bill in March 2023 and now looking like falling just a few steps short of completing its passage through Parliament. While many of the headline changes around less prescriptive regulation were unlikely to lead to organisations changing their existing compliance frameworks, there were some useful clarifications in it. The new Senior Responsible Individual regime would also have been welcomed by many organisations as a more pragmatic way of managing responsibility for data protection compliance. That's particularly the case for small public authorities and some charities that are required to have a DPO but have struggled to balance the requirements that a DPO be free from conflict and have a direct reporting line into senior management with their organisational structure and the resources that they have available to appoint someone with the necessary expertise. What do you think?
Martin Sloan’s Post
More Relevant Posts
-
HOW LARGE IS "LARGE-SCALE" DATA PROCESSING? In almost all data protection laws worldwide, "large-scale" data processing is an important factor for certain requirements, like conducting a Data Protection Impact Assessment (DPIA) or appointing a Data Protection Officer (DPO). However, the definition of "large-scale" is often unclear, leaving organizations unsure about when these rules apply. Different countries take different approaches to define large-scale data processing. Some, like Estonia and Germany, use numbers to set thresholds. For example, Estonia considers processing data for 50,000 individuals as large-scale, while Germany defines it as involving over 5 million people or 40% of a relevant population. These specific numbers can help but are not consistent across all regions. Other countries focus on context instead of numbers. The United Kingdom looks at things like the number of people involved, the scope of the processing, and how sensitive the data is. France also considers factors like how much data is being processed, how long the processing lasts, and how wide its impact is. This approach requires businesses to make their own judgment based on the situation. Without a clear definition, organizations should focus on the risks involved. Ask questions like: How many people will this processing affect? Is the data sensitive? What could happen if there’s a problem with the processing? If the impact seems significant, it’s safer to treat the activity as large-scale and take steps like conducting a DPIA or appointing a DPO. To help businesses, regulators could provide clearer guidance or examples of what counts as large-scale. Until then, taking a cautious and proactive approach is the best way forward. Not only does this help meet legal obligations, but it also builds trust with customers and stakeholders. Here is the data I have gathered from various sources on the internet regarding large-scale data processing criteria across different jurisdictions. Please feel free to correct any inaccuracies or provide feedback if something appears incorrect or misaligned.
To view or add a comment, sign in
-
Delve into the intricate relationship between adhering to data protection laws and maintaining profitability, with a specific spotlight 🔦 on the Data Protection (Jersey) Law 2018. #Jersey #JerseyCI #DataProtection https://lnkd.in/eSEXNHcy
To view or add a comment, sign in
-
🌐 Ensuring Data Protection: The Crucial Role of DPA Contracts 🌐 https://lnkd.in/eD3CEXRc In today's data-driven world, maintaining compliance with global data protection laws is vital. One key aspect often overlooked is the importance of Data Processing Addendum (DPA) contracts between data processors and sub-processors. 🔍 Why It Matters: Understanding Sub-Processing: Engaging third parties for data handling. Due Diligence: Essential to prevent invalidating contracts with data controllers. Liability Clauses: Protects data processors from legal and financial risks. Expert Guidance: How Formiti Data International can help ensure compliance and mitigate risks. At Formiti Data International, we specialise in global privacy services, helping organisations navigate complex data protection laws and establish compliant relationships with sub-processors. 🛡️ Let's ensure your data practices are not just compliant but resilient. Reach out to us to learn more! 🌐 #DataProtection #DPA #Compliance #DataPrivacy #FormitiDataInternational #SubProcessing #LegalCompliance #PrivacyExperts
Importance of DPA Contracts Between Data Processors and Sub-Processors | Formiti
formiti.com
To view or add a comment, sign in
-
Interesting read from Gulf News about the importance of compliance with data protection laws. Did you know that companies in DIFC can be fined up to $100,000 for non-compliance in lawful processing, obtaining consent, and maintaining accountability of personal data? Need help with data protection and compliance? Feel free to reach out and let's have a chat! #DataProtection
Compliance with DIFC Data Protection Law in healthcare
gulfnews.com
To view or add a comment, sign in
-
Digital Personal Data Protection Act, 2023 📖 Struggling to navigate the complexities of the Digital Personal Data Protection Act 2023? Look no further! 🚀 Our newly launched course "Decode the Indian Digital Personal Data Protection Act, 2023" is your ultimate guide to mastering responsible data management and compliance. Designed for privacy professionals, legal advocates, and business leaders, this comprehensive course provides in-depth insights into the newly enacted law, empowering you to adhere to regulatory requirements with confidence. Don't let compliance challenges hold you back! Decode the Indian Digital Personal Data Protection Act, 2023 with practical implications and real-life scenarios. Enroll today and gain the knowledge and expertise needed to safeguard digital personal data effectively. 💼 Limited time offer to enrol in the course. Join from the below link to get the discount. https://lnkd.in/gseSnn4u #dpdpa #compliance #dataprivacy #udemy #udemycourse #enrollnow #jointhemovement
Decode the Indian Digital Personal Data Protection Act, 2023
udemy.com
To view or add a comment, sign in
-
Digital Personal Data Protection Act, 2023 📖 Struggling to navigate the complexities of the Digital Personal Data Protection Act 2023? Look no further! 🚀 Our newly launched course "Decode the Indian Digital Personal Data Protection Act, 2023" is your ultimate guide to mastering responsible data management and compliance. Designed for privacy professionals, legal advocates, and business leaders, this comprehensive course provides in-depth insights into the newly enacted law, empowering you to adhere to regulatory requirements with confidence. Don't let compliance challenges hold you back! Decode the Indian Digital Personal Data Protection Act, 2023 with practical implications and real-life scenarios. Enroll today and gain the knowledge and expertise needed to safeguard digital personal data effectively. 💼 Limited time offer to enrol in the course. Join from the below link to get the discount. https://lnkd.in/grsX-5hE #dpdpa #compliance #dataprivacy #udemy #udemycourse #enrollnow #jointhemovement
Decode the Indian Digital Personal Data Protection Act, 2023
udemy.com
To view or add a comment, sign in
-
🔒 Data governance in law firms Building a strong reputation takes years, but it can be lost in a moment due to poor data governance. Recent data breaches have highlighted the importance of compliance in the legal sector. LexisNexis Enterprise Solutions understands the challenges law firms face with data protection. Their Lexis Visualfiles bulk deletion and file lifecycle management tool helps automate compliance, reduce data management burdens, and cut storage costs. Don't let data governance be your Achilles' heel. Contact your LexisNexis account manager today to explore how they can support your GDPR compliance efforts. https://lnkd.in/euUf5B34
To view or add a comment, sign in
-
Adapting to the Digital Personal Data Protection Act: What Business Owners Must Know If your business involves collecting and storing personal data from clients or consumers, it’s essential to prepare for the impact of the Digital Personal Data Protection (DPDP) Act. Once enforced, it will significantly alter the way you manage client data. Here’s how: Consent-Based Data Collection: You will no longer be able to collect personal data from clients unless you obtain their explicit consent for a specific purpose. General or blanket consent will not suffice; the reason for data collection must be clear and specific. If you intend to use the data for any other purpose, you must seek consent again. Limited Data Retention: Even after obtaining consent, you cannot store the personal data indefinitely. Data can only be retained for as long as it is "reasonably required" for the purpose specified. Once the purpose is fulfilled, or if the client (referred to as the 'data principal') requests deletion, you will be required to erase the data. Erasure on Request: The DPDP Act grants data principals the right to request the deletion of their personal data. As a business owner, you must comply with such requests and remove their data from your records. Given these new obligations, it’s crucial for business owners to adapt their data collection and storage practices. Implementing a comprehensive data protection policy tailored to the DPDP Act’s requirements is strongly recommended to ensure compliance and avoid penalties. #DataProtection #DPDPAct #ClientData #DataPrivacy #BusinessCompliance #DataPolicy #LegalCompliance #PrivacyLaw #DigitalTransformation #DataSecurity #ConsentManagement #IndiaDataProtection #BusinessLaw
To view or add a comment, sign in
-
Never ignore Summons! When facing a complaint from the Office of the Data Protection Commissioner (ODPC), it’s vital to respond comprehensively, addressing allegations, presenting evidence, detailing mitigation measures, and demonstrating compliance. Our review of DataHub shows smaller organizations are often cited for violations, highlighting the need for robust data compliance. There are of course larger better resourced organisations that have found themselves on the wrong side of that law - the NCBA K Ltd one posted on DataHub today is cringeworthy. We've analyzed over 80 decisions by Kenya's Data Regulator, gaining insights into the ODPC’s approach. Read our latest DataHub blog for an in-depth guide on effectively responding to ODPC allegations and strengthening your data protection framework with Kenyan case studies. https://lnkd.in/dGFyEg64 Subscribe now to receive our newsletters, Compliance Insights & DataHub Weekly, directly in your inbox. 👉 https://lnkd.in/dBVKNsKJ 👈 --- mzizi-africa.com Compliance, simplified.
Responding to Complaints: A review of Determinations by Kenya’s Data Protection Commissioner
datahub.africa
To view or add a comment, sign in
-
Data Protection Alert: Interesting new DSAR case! 📢 A significant High Court judgment in the recent Harrison v Cameron and ACL case clarifies important aspects of DSARs. In our latest #article data protection experts Louise Thompson and Sarah Wheadon explore the intricacies of this case and detail the key take aways to ensure your organisation is compliant with data protection laws. 🔗 Read more here: https://lnkd.in/eRS6feqE #DataProtection #DSAR #LegalUpdate #Compliance
Alert: Interesting new DSAR case
https://www.trethowans.com
To view or add a comment, sign in
Senior Data Protection Specialist at Mishcon de Reya LLP (also doing a fair bit of FOI). Chair of NADPO.co.uk. _Personal_ blog at informationrightsandwrongs.com
7moAgreed Martin - the Bill was always a curate's egg, but I do find it surprising how many people appear to see the current scheme as somehow immutable, as though it were brought down by Moses from the mountain.