The Upper Tribunal has dismissed the ICO’s appeal in ICO v Experian [2024] UKUT 105 (AAC). Experian is a well-known credit reference agency. It holds and processes data relating to over 51 million people living in the UK (effectively the entire adult population). It also processes the data of UK residents to provide marketing services…
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UK law Investigatory Powers (Amendment) Act 2024 receives Royal Assent The Investigatory Powers (Amendment) Act 2024 has received Royal Assent. It updates the Investigatory Powers Act 2016 with the aim of ensuring that the UK’s investigatory powers framework remains fit for purpose in the face of evolving threats. It follows the Home Secretary’s statutory report…
The European Commission has opened formal proceedings to assess if Meta (Facebook and Instagram), may have breached the Digital Services Act. As regular SCL readers will be aware, Facebook and Instagram were designated as Very Large Online Platforms (VLOPs) on 25 April 2023 under the DSA, as they both have more than 45 million monthly…
An increasing number of IT disputes occur within the context of digital transformation. What are the implications of this for those who seek redress? In a previous article, I addressed a definition of digital transformation and identified some of the factors that may give rise to disputes.[1] An awareness of that may usefully inform those…
Advocate General Szpunar (AG) has issued an Opinion in Case C?159/23: Sony Computer Entertainment Europe Ltd v Datel Design and Development Ltd and others. The Advocate General has expressed the opinion that Article 1(1) to (3) of Directive 2009/24/EC on the legal protection of computer programs (Software Directive) must be interpreted as meaning that the…
Following consultation, the UKJT has published its Legal Statement on Digital Assets and English Insolvency Law. This is the third Legal Statement issued by the UKJT. The first was its Legal Statement on the Status of Cryptoassets and Smart Contracts. published in November 2019. The second was its Legal Statement on the Issuance and Transfer…
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The Advocate General has delivered his opinion in Case C-446/21 | Schrems. In 2018, Meta Platforms Ireland started using new Facebook terms of service in the EU. Consent to those terms is required to sign up for, or access, Facebook’s accounts and services. Mr Maximilian Schrems (S) a Facebook user and well-known activist in the…
UK law ICO issues reprimand to housing association for exposing personal information on online portal The ICO has issued a reprimand to Clyde Valley Housing Association in Lanarkshire after personal information was accessible to other residents on an online customer portal. Residents could access documents related to anti-social behaviour cases and view personal information about…
The European Parliament has adopted its position on new procedural rules for the enforcement of the GDPR, which is enforced by independent national data protection authorities. However, the European Parliament has expressed its concern about “the uneven and sometimes non-existent enforcement of the GDPR by national data protection authorities”. It said that lengthy procedures can…
Last year, the European Commission designated TikTok as a Very Large Online Platform under the Digital Services Act. TikTok Lite is a new app which has been launched in France and Spain and is aimed at users aged 18+. It includes the “Task and Reward Program”, which allows users to earn points while performing certain…
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