Business Shapers

Contributor: Adam Rose

Partner, Corporate

Adam is a Commercial partner, specialising in advising clients on IT and commercial contracts (including franchising, agency and terms of business). Adam has over 20 years’ experience, advising clients across a number of sectors, but in particular, those in publishing and broadcasting, financial services, retail and leisure. To find out more about Adam, please click here.

Recent posts by Adam Rose

  • Data Protection Bill – A new framework for data protection in the UK

    Coming in at a massive 194 sections, with 18 schedules, the Data Protection Bill was introduced in the House of Lords last week. It will replace the Data Protection Act 1998 (DPA) and aims to set new standards for protecting personal data, within the requirements of the General Data Protection Regulation (GDPR), and help prepare… Read more

  • Judge’s court notes disclosed following a data subject access request

    The beginning of July saw a data protection decision which received little immediate commentary in the legal press, but which is likely to have far reaching consequences for future cases. In response to a request from Alfred Percival for a judge’s handwritten notes, created during Mr Percival’s Employment Tribunal hearing, the Information Commissioner’s Office (ICO)… Read more

  • People do have strong rights under the Data Protection Act confirms Court of Appeal

    On 16 February 2017, the Court of Appeal issued its long-awaited judgment in Dawson-Damer v Taylor Wessing clarifying certain aspects of the subject access right (SAR) under the Data Protection Act 1998 (DPA). The Information Commissioner’s Office intervened to make submissions in the case. Subject to the possibility of an application for permission appeal to… Read more

  • Will the European Commission’s model clauses stand up to scrutiny?

    The inevitable has happened. In light of the issues highlighted by the European Court in its Schrems v. Facebook ruling in October last year (explained in our blog), the Irish Data Protection Commissioner has reportedly referred the use of the European Commission’s (EC) model clauses to the European Court of Justice (ECJ) for a determination… Read more

  • Charity agrees to data undertaking – but why?

    The British Red Cross has signed an undertaking committing the charity to best practice around its fundraising calls.  Following press reports of charities allegedly aggressive fundraising techniques, the British Red Cross has acceded to demands of the Information Commissioner’s Office (ICO) to go beyond what is required under PECR, the Privacy and Electronic Communications Regulations,… Read more

  • Safe Harbor: a safe harbour no more?

    It has been a long-established EU data protection law that personal data can only be sent outside of the EU if one of various tests is passed. For transfers to the United States, the key decision of the EU Commission was that where US companies signed up to the “Safe Harbor” scheme – which essentially… Read more

  • What UK businesses need to know to overcome export hurdles

    POLITICIANS’ reputations are made or broken on the back of self-imposed targets. Back in 2012, George Osborne called for a doubling of UK exports to £1 trillion by 2020. It was certainly a bold aim. But then I guess you don’t become the chancellor of the exchequer and the bookies’ favourite to be the next… Read more

  • Rights and privileges

    Individuals are entitled to ask organisations to provide them with information relating to personal data held about them, under a subject access request (or a SAR).  That right, under the Data Protection Act, is subject to a limited number of exemptions.  One of those exemptions relates to personal data for which Legal Professional Privilege (LPP)… Read more

  • Big data – ICO issues guidance to controllers

    The Information Commissioner’s Office (ICO) has this week issued a report on ‘big data’, concluding that controllers of big data analytics need to comply with the requirements of the 1998 Data Protection Act – in other words, just because it’s big, and just because it’s clever, it can’t just ignore the Act.  As the Report… Read more

  • The new Data Retention and Investigatory Powers Bill

    Last week, the UK Government published emergency legislation designed to allow the interception and storage of communications data.  This follows an April decision by the European courts outlawing existing European law.  Communications data is, as the home secretary put it in the limited Parliamentary debate, the ‘who, where, when and how’ of communications, not its… Read more

  • The draft data protection regulation – too soon to be forgotten?

    Last week’s European Parliament elections have thrown a spanner into the works of the already troubled and delayed passing into law of the proposed new General Data Protection Regulation.  At present, the 28 member states have adopted variations of the existing Data Protection Directive (which was passed back in 1995 before the internet was widely… Read more