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25-11-2021 / Maritime

The recent, and very important, UK Supreme Court decision in Alize 1954 & another v. Allianz Elementar Versicherung & others (CMA CGM Libra) [2021] UKSC 51 has provided a timely and salutory reminder to shipowners and operators of the importance of being able to demonstrate that their ship is seaworthy if they are successfully to defend claims brought against them by cargo interests and others.

12-04-2019 / Cyber Security

In the previous part of this 2-part article, we have discussed the rules in the EU and the UK governing the transfer of personal data. But what about transferring data from Asian countries? Is there a GDPR equivalent in Asia? In this second part of the article, we will discuss the relevant rules in Hong Kong, Mainland China, India and the APEC.

10-04-2019 / Cyber Security

Given the uncertainty over Brexit, concerns about the movement of people and goods across the UK-EU border post-Brexit are bigger than ever. But what about personal data? Can personal data still be transferred between the UK and other EU countries post-Brexit? What are the relevant laws in the UK and the EU? How are other countries regulating the cross-border transfer of personal data? In this 2-part article, we will discuss the data transfer laws of the EU, the UK, Hong Kong, Mainland China, India and the APEC, and suggest that the trend in the future is for cross-border data transfer to be allowed as long as a prescribed level of data protection measures are in place.

26-02-2019 / Cyber Security

Breach of data privacy protection regulation, with the new European Union’s General Data Protection Regulation (“GDPR”) coming into effect, can result in draconian fines and penalties.

In January 2019, Google was fined 50 million Euros for improper disclosure to users as to how data is collected across its services, including its search engine, Google Maps and YouTube, to present personalized advertisements. This penalty is by far the largest penalty to date since the implementation of the new GDPR. British Airways faces a possible fine of £500 million over the data breach of leaking the customer details, including bank card numbers, expiry dates and cvv codes in a cyber-attack.

Despite conventional thinking of prohibiting insurances against the fines and penalties based on public policy argument, there is certainly demand for expansion of related data breach insurances. By comparing UK and other EU jurisdictions as well as Hong Kong, the trend for data breach related insurances are on the rise.

24-05-2018 / Cyber Security

NB: all references are to Articles of the GDPR unless indicated otherwise.

The new EU General Data Protection Regulation (“GDPR”) which comes into force on Friday 25 May 2018 is the toughest data protection regime in the world. It is the EU’s response to mounting public concern at unauthorised use of data or, perhaps even worse, the commercial use of personal data without even the individual owner of the data being aware that this is happening. In addition to imposing demanding obligations on the collector and processor of personal data, the GDPR also introduces tough sanctions for breaches.

23-05-2018 / Cyber Security

Under the GDPR organisations must ensure they have a lawful processing reason when processing personal data and this includes sending marketing communications to individuals.Legitimate interests and consent will be the lawful data processing reasons used in most situations.