Developments In European Data Protection Law In The Context - Part 2

The General Data Protection Regulation ("GDPR") will enter into force 25 May 2018, and will provide new general data protection standards.

The UK's Information Commissioner's Office has completed its supervision of major AI foundation model developers, revealing significant gaps in data protection practices and setting new expectations for legitimate interests assessments, transparency, and special category data handling. The regulator has now turned its attention to agentic AI systems, warning that autonomy is not an excuse for poor compliance and launching a call for evidence that will shape future regulatory guidance.

The European Data Protection Board has published draft guidelines proposing a fundamental shift in GDPR enforcement: a presumption that fines should be imposed for non-minor infringements, with a deliberately low bar for establishing negligence. Organizations will need to demonstrate robust compliance programs and documented decision-making to potentially avoid penalties, as regulators move from asking "should we fine?" to "can we justify not fining?"

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The UK Information Commissioner's Office has finalized its guidance on storage and access technologies, expanding compliance requirements beyond traditional cookies to include tracking pixels, device fingerprinting, and web storage. Organizations must now navigate stricter consent standards and three new narrow exceptions introduced by the Data (Use and Access) Act 2025, while facing significantly increased enforcement penalties of up to £17.5 million or 4% of annual worldwide turnover.

On 30 September 2026, the Information Commissioner's Office formally becomes the Information Commission. It is the most significant structural change to the UK's data protection regulator in its history, and yet, many organisations are wondering what practical implications this change will have. Here's what you need to know.

From 2 August 2026, the EU AI Act requires businesses to disclose when people are interacting with AI systems, mark synthetic content for detection, label deepfakes, and inform individuals...

The Data (Use and Access) Act 2025 (the DUAA) officially became law in June 2025, with a phased enforcement model under which different provisions take effect at different times.

Domestic surveillance technology has evolved from simple security cameras to sophisticated smart systems that may inadvertently create legal obligations for homeowners. When does a Ring doorbell or CCTV system transform an ordinary citizen into a data controller subject to UK GDPR, and what are the implications of millions of private cameras forming an unregulated surveillance network?

The European Commission has announced that EU AI Act transparency rules take effect August 2, 2026, requiring chatbots to identify themselves, deepfakes to be labeled, and AI-generated content to be marked. Organizations must assess whether their AI systems trigger disclosure, labeling, or content-marking requirements, with limited exceptions and penalties reaching €15 million or 3% of global turnover for noncompliance.

President Obama noted that a small, five-storey office building in the Cayman Islands capital George Town, Ugland House, is officially home to more than 18,000 companies, yet only 241 people work there.

Yesterday, after having agreed a plea deal with US authorities, Julian Assange left a US court in Saipan, in the Mariana Islands, a free man.

The UK CMA concluded an inquiry into ASOS, Boohoo, and George at Asda in March 2024, securing voluntary commitments on accurate environmental claims. Emphasizing compliance, the CMA urged all businesses to align with consumer protection laws amidst impending legislative changes.

Any reform, particularly one as drastic as introducing negotiated justice must, I believe, be accompanied by an assurance that it would not diminish the public’s trust in the fair and evenhanded dispensation of criminal justice

It was back in 1998 that Jack Straw, the then Home Secretary, asked the Law Commission to examine the law on fraud and whether a general offence of fraud would be an improvement to the body of criminal law.

Lawyers advising on sanctions must not only navigate the risks their clients face but also manage their own risks when providing legal services. Just as professionals must guard against the misuse of legal services...

Tornado Cash developer Alexey Pertsev was sentenced to 64 months for money laundering. The Dutch court found TC's design inherently facilitated laundering, with Pertsev and co-founders neglecting to prevent its misuse. The ruling raises concerns about liability for DeFi developers.

The FSA’s recent review of small firms and their responses to their financial crime regulatory of requirements was spurred by critical evaluations of the sector by the Financial Action Taskforce and National Audit Office, both in 2007.

Tommy Robinson faces potential extradition for failing to attend a UK court date on July 29, 2024, over allegations of breaching an injunction. His case raises questions about extradition processes and the potential for an international arrest warrant.

The UK FCA is intensifying crypto regulation, with 87% of crypto business registrations rejected and the first criminal conviction for unregistered crypto ATMs, signaling stronger enforcement in the sector.