Clients who are new to legal documentation and may be unfamiliar with the operation of commercial law will sometimes tell me that they want a document that is "100 per cent legal" or similar. However, it is usually not possible to guarantee absolute legality and it may not be even be desirable. It all depends upon what they mean by "legal". There are several different ways in which a legal document may not be legal.
Blog posts: data protection law
- Legal area:contract lawdata protection law
Corporate groups usually share data, including personal data. The sharing of personal data is regulated under UK and EU data protection law (ie the GDPR and the Data Protection Act 2018), and in many cases sharing will not be lawful without an appropriate framework in place. For SMEs, that framework will usually take the form of an intra-group data sharing agreement.Legal area:data protection law
The sharing of personal data by businesses and other organisations is, within Europe and to an extent outside Europe, subject to the General Data Protection Regulation (GDPR). If your organisation is sharing personal data with another organisation, you should be thinking about the legal implications of the sharing.Legal area:data protection law
On 20 February 2018, the UK government published changes to the funding of the ICO. The Information Commissioner’s Office (ICO) is an independent body which oversees compliance with data protection legislation in the UK.Legal area:data protection law
Businesses and other institutions collect and generate vast amounts of data about the individuals with whom they come into contact. Many organisations hold records relating to millions of individuals. Some of this data is highly confidential; and the theft or unauthorised disclosure of even non-confidential this data can cause real damage. Security incidents involving personal data are reported in the media every day.Legal area:data protection law
The GDPR should enhance the protection of personal data across the EU and beyond. That's one of the core functions of the legislation - along with improved harmonisation of data protection law within the EU. However, having spent much of the last 9 months helping clients to prepare for the GDPR, I'm concerned that the new law may have some material negative effects on privacy protection.Legal area:data protection law
Article 28(2) GDPR provides that a processor of personal data "shall not engage another processor without prior specific or general written authorisation of the controller. In the case of general written authorisation, the processor shall inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes."
This provisions is puzzling in (at least) two respects.Legal area:data protection law
The GDPR*, which will come into force on 25 May 2018, represents a major evolution in EU data protection law. Data subjects' rights are strengthened across the board, with a concomitant toughening of obligations for data controllers and data processors.Legal area:data protection law