My blog

Direct marketing to business contacts

29/11/22 – The Information Commissioner’s Office (ICO) recently published new guidance on email marketing and phone marketing.  The guidance is supplementary to the ICO’s Guide to the Privacy and Electronic Communications Regulations (PECR) and (124-page) draft Direct Marketing Code of Practice. Direct marketing is a fiddly area, with different rules depending on whether you’re using […]

Read more »

Dealing with overdue invoices – some options

09/11/22 – When I’m asked by a client to help with an invoice that they’ve been chasing without success, they assume the next step is for me to fire off a letter before action, ideally threatening fire and brimstone, and then issue legal proceedings.  There are times when this is appropriate, but there are also […]

Read more »

UK data protection law update – October 2022

19/10/22 – After the uncertainties regarding post-Brexit transfers of data from the UK to third countries, the International Data Transfer Agreement (IDTA) finally came into force on 21st March 2022.  Since then things have been a bit calmer.  Or at least until a couple of weeks ago when the Secretary of State for Digital, Culture, […]

Read more »

UK IDTA comes into force

21/03/22 – As expected, the International Data Transfer Agreement (IDTA), as well as the Addendum to EU SCCs, came into force today as appropriate safeguards for transfers of personal data from the UK to third countries under Article 46 of the UK GDPR.  As part of the transitional arrangements the old EU SCCs (with appropriate […]

Read more »

What’s happening with UK international data transfers?

01/02/22 – If you or your organisation transfers, or may transfer, personal data to third countries, i.e. countries that are not considered to have an ‘adequate’ level of data protection (which currently includes the U.S.), then read on.  If not, then feel free to skip. Back in August last year we looked at a brand new international […]

Read more »

Smart legal contracts – the Law Commission’s advice to the Government

10/12/21 – On 25th November 2021, the UK Law Commission published its advice to the Government on smart legal contracts. The advice expands on the UK Jurisdiction Taskforce’s legal statement on cryptoasset and smart contracts – see my post here. The Law Commission concludes that current legal principles can be applied to smart contracts in […]

Read more »

CJEU decides that downloaded software is a sale of goods, not services

23/10/21 – Back in 2013 The Software Incubator was appointed by Computer Associates as a sales agent to promote and market Computer Associates’ application service automation software, which was deployed by CA’s customers to manage applications across data centres.  The software was downloaded by customers directly from Computer Associates’ servers, subject to a perpetual licence […]

Read more »

What’s happening with SCCs? – Part 3 (UK SCCs)

Part 1 and Part 2 of the What’s been happening with SCCs? updates have tracked the EU’s and the UK’s progress in developing standard contractual clauses (SCCs) to deal with the transfer of personal data to third countries, i.e. countries that are not considered to have an ‘adequate’ level of data protection, as well as […]

Read more »

EU-UK data transfers – final update

05/07/21  (updated) – As part of the Trade and Cooperation Agreement the EU and the UK agreed a six-month ‘bridging period’, allowing transfers of personal data from the EEA to the UK to continue freely until 30th June 2021, to give the European Commission enough time to adopt the adequacy decisions which are necessary to […]

Read more »

What’s happening with SCCs? – Part 2

09/06/21 – At the end of last week, and more than three months later than originally expected, the European Commission published final versions of its new standard contractual clauses (SCCs) for the transfer of personal data to third countries (New EU SCCs). The New EU SCCs replace the standard contractual clauses adopted by the European […]

Read more »

Get in touch

  • Your email address will only be used to respond to your message