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DPO by Design blogpost #1!

Welcome to the (first) DPO by Design blog. We’ll aim to blog regularly as we respond to political and legal developments in data protection in the UK, Europe and further afield.

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Key items on the data protection agenda include:

  • The UK’s intended reform of data protection law (“Data: a new direction”). The public consultation on these reforms is now closed and the government is analysing the feedback received, in a process that could see significant changes to data protection legislation in the UK.
  • The “Privacy Shield” negotiations between the US and the UE. The parties aim to reestablish a legal scheme to enable transatlantic data flows: severely disrupted following the CJEU’s decision in Schrems II in July 2020, to annul the previous framework because of perceived threats to Europeans’ privacy from US surveillance activity. In March 2022, the parties announced they had reached an agreement in principle on a new version of the Privacy Shield. However, a draft text has not yet been published and for now there remains considerable legal uncertainty on data transfers.
  • The “E-Privacy Regulation”. The EU’s long-awaited “E-Privacy Regulation” may finally be adopted in 2022, after the European Council agreed in February 2021 to start talks with the European Parliament on the final text. The new regulation will aim to supplement GDPR rules on topics such as cookies, electronic communications content and metadata, as well as the Internet of Things.

We’ll keep an eye on these topics and many more over the coming months as regulators strive to keep pace with technological developments!