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After years of adopting a relatively relaxed approach to foreign direct investment (“FDI”), the ongoing political tensions with China, notably in relation to the anti-government demonstrations in Hong Kong and the steps to remove all Huawei equipment from the UK’s 5G networks by 2027, has lead the UK government to consider steps that will enable it to intervene in FDI in UK companies either pre or post-completion where that investment would give the foreign entity at least a 25% shareholding...

As avid readers of our posts will know we have been highlighting the issues UK businesses face as a result of the court decision turning off the data tap to the USA in a wide range of situations. Most of our readers will now know that the EU really only approves of its own legalising mechanism of Standard Contractual Clauses (otherwise known as Model Contracts). To recap, sending personal data out of the UK/EU is frowned upon unless it is going to...

To recap - sending personal data out of the EU/UK is a forbidden activity, unless you can get within a one of the legally permitted routes which are as follows:  the data is going to an approved jurisdiction (EEA members, Canada, Australia, Argentina and a few others) EU Standard Contractual Clauses (Model Contracts) Binding Corporate Rules or GDPR Article 49 derogations. Do you know on which basis your personal data is leaving the country to go to the USA? It is...

It was interesting to hear that a recent round table review amongst data privacy heads in a number of large businesses thought GDPR was still waiting to find its teeth in the form of major fines. We don’t know about you but the £198m fine against British Airways and the £99m fine against Marriott Hotels last year by the UK’s Information Commissioner seemed fairly major. Admittedly for most businesses those issues seem only to be relevant to corporate giants. We agree with...

We recently wrote about the effect of a court decision (Schrems II) which means that any data flowing to a company in the USA under the Privacy Shield could no longer do so. Believe it or not, this decision impacts on almost every business in the United Kingdom. Even yours. Why? We all unknowingly use so many services where data flows to the USA because that is where the head office is, or where your UK service provider found the cheapest storage. Imagine...

We have all heard about the Cloud, and all use it, but have little idea about it or even if we actually use it – but now we need to check a few things after an important court decision in July 2020 about how personal data can legally move backwards and forwards to USA Clouds. A Cloud is a massive warehouse or warehouses of computers which hold websites, data, software and entire businesses that connect to our PCs through the internet....

It is interesting to note that Fintech still use the same tried and trusted mechanisms to raise finance, and that those mechanisms have often not been updated for GDPR. Ian Sinclair-Ford our GDPR Specialist at Glenville Walker and Partners was part of a team called in to carry out a due diligence exercise on a bright, shiny new Fintech which was to operate in the consumer finance space. They had used the crème de la crème of the legal fraternity to...

We all like cookies, but web cookies can collect a lot of data and reveal a lot about the individual, so they are now strictly controlled. The court decision in Planet 49 effectively decided that: • Strictly Necessary cookies can be pre-set to On • eMarketing cookies need opted in consent by positive action • Analytics cookies need opted in consent by positive action • All other cookies need opted in consent by positive action And that consent for each cookie type must be separate, and...

What Google’s latest breaches of GDPR rules means for every business The Court of Appeal’s decision in Lloyd v Google LLC [2019] EWCA Civ 1599 toward the end of last year is probably the most important case every business needs to know about in relation to collecting personal data, you know, that part about giving Privacy Notices whenever data is collected from someone. Google collected personal data from iPhone users without following the rules about giving Privacy Notices or getting consent. Google are...

Transferring data to the US just became more complicated The ECJ has just struck down the mechanism known as the Privacy Shield, the method designed by the US Government for legalising the transfer of personal data from the EU to the US. This is not the first time it has happened, as the previous incarnation known as, “Safe Harbour,” was also declared unsafe by the European court. In both cases, Max Schrems of NOYB, was the Jerry to the US’s Tom. What...