Apprentice Case Study – Meet Evie

In 2022, Act Now Training teamed up with Damar Training to support their delivery of the new Data Protection and Information Governance Practitioner Apprenticeship. The aim is to develop individuals into accomplished data protection and information governance practitioners with the knowledge, skills and competencies to address future IG challenges. Two years on, over 130 apprentices are currently on the programme with the first group of apprentices due to undertake the endpoint assessment and so we caught up with Manchester Airport Group apprentice Evie Scott and her manager to get their thoughts on the programme so far.

Evie left college in summer 2022 after A Levels and a BTEC. She wanted to continue learning but in a more hands-on environment:

“In my final year of college, my tutor helped me create a LinkedIn account and I found the Data Protection and Information Governance Practitioner apprenticeship opportunity at Manchester Airport Group. Having previously visited the airport on a school trip I found the range of jobs there fascinating, so I started looking into their apprenticeship opportunities and how they could benefit my career.”

Evie applied successfully for the role of apprentice Data Protection and Information Governance Practitioner at Manchester Airport Group (MAG). Over a year into her job, she is finding the programme engaging and is developing new skills and perspectives that she can apply at work:

“I really enjoy the fact that the apprenticeship programme is challenging yet engaging. I enjoy the further reading aspect as it allows me to gain a greater insight into topics and offers different viewpoints and perspectives which I try adopting into my work.”

Charlotte Lewendon-Jones, Head of Data Protection and Privacy at MAG, has over 30 years’ experience in Information Governance. She was part of the trailblazer group of employers that helped develop the Data Protection and Information Governance Practitioner apprenticeship.

Charlotte manages the Data Protection and Compliance Team at MAG.
When MAG advertised their data protection apprenticeship opportunities in summer 2022, they were overwhelmed by the level of interest. This was testament, Charlotte believes, to the quality of the apprenticeship itself and to MAG’s commitment to its wider apprenticeship programme. On the impact of apprentices so far, she comments:

“The apprentices are confident and bring a fresh viewpoint to the team which brings huge improvements. When the apprentices go on training sessions, I challenge them on some of our processes to see what they have learnt, find ways in which we can do better and support their learning journey.”

About Evie, Charlotte adds:

“Considering Evie didn’t have any experience in data protection and information governance, I feel she’s done really well. Her training started in September 2022 and I’ve seen her confidence grow. Her approach and attitude to work are excellent, she’s gaining great experience, asking fewer questions and making more informed decisions based on her experience and what she’s learnt.”

Finally, we asked Evie how she feels the apprenticeship will impact her moving forward:

“When I apply what I have learnt so far to my workload or tasks I have an appreciation for why things are done in a certain way. I feel the further I get into my apprenticeship more it will continue to influence my everyday tasks, benefit the organisation and help me in my job role.”

“At Damar, we believe in the power of apprenticeships to benefit business and transform lives. We see it every day across the thousands of supportive employers, apprentices and workplace supervisors that we are proud to partner with.”

You can read about the experience of another apprentice (Natasha) here.

If you are interested in the DP and IG Apprenticeship, please see our website for more details and get in touch to discuss further.

DP Bill: Updated Keeling Schedules Published

The Data Protection and Digital Information Bill is currently in the Committee stage of the House of Lords. If passed, it will make changes to UK data protection legislation including the UK GDPR.

The Government recently published updated versions of Keeling Schedules showing potential changes to the UK GDPR, the Data Protection Act 2018 and Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”).

Whilst no doubt there will be further amendments, the schedules are worth studying for a clear picture as to the impact of the Bill. 

Learn more about the updated bill with our Data Protection and Digital Information Bill: Preparing for GDPR and PECR Reforms workshop. 

Apprentice Case Study – Meet Natasha

In 2022, Act Now Training teamed up with Damar to support their delivery of the new Data Protection and Information Governance Practitioner Apprenticeship. The aim is to develop individuals into accomplished data protection and information governance practitioners with the knowledge, skills and competencies to address future IG challenges. Two years on, over 130 apprentices are currently on the programme with the first cohort about to undertake the end point assessment.

Data Protection and Information Governance Apprentice, Natasha Lock, is an integral part of the Governance and Compliance team at the University of Lincoln. With the Data Protection and Digital Information (No.2) Bill set to make changes to the UK data protection regime, Natasha talks to us about why this is a great area to work in and how the apprenticeship route has been particularly beneficial for her.

How did you get onto the apprenticeship?

“I was already working at the university as an Information Compliance Officer when the opportunity for a staff apprenticeship came up.

“The process was swift and straightforward, and I was enrolled on the Data Protection and Information Governance Apprenticeship within three months of enquiring.”

How has the apprenticeship helped you?

“I started with a good understanding of the UK Data Protection legislation but my knowledge has grown significantly, and now I’m coming to the end of my level 4 apprenticeship, I’ve gained so much more insight and my confidence has grown.

“As a university, we hold vast amounts of data. My apprenticeship is allowing me to solve the challenge of data retention and implement better measures to retain, destroy and archive information. I have developed a greater understanding of the legislative requirements we must adhere to as a public sector institute and how to reduce and assess data protection risks.

“I love the fact that I can study whilst still doing my job. The flexibility works for me because I can go through course materials at my own pace. I really feel like I have a brilliant work/life/study balance.

“The University of Lincoln and Damar Training have been fantastic in supporting me. I get along with my coach, Tracey, so well. She is very friendly and personable and has enabled my creativity to flow.

“The course is very interactive, and I’ve found the forums with other apprentices to be a very useful way of sharing knowledge, ideas and stories.

“I’m enjoying it so much and people have noticed that my confidence has grown. I wouldn’t have had that without doing this apprenticeship. I’ve now got my sights on doing a law degree or law apprenticeship in the future.”

Abi Slater, Information Compliance Manager at Lincoln University, said: “It has been great to see how much Natasha has developed over the course of the apprenticeship. I believe the apprenticeship has provided Natasha with the knowledge and skills required to advance in her data protection career and the support from her coach at Damar Training has been excellent.

“I would encourage anyone with an interest in data protection and information governance to consider this apprenticeship.”

Tracey Coetzee, Coach at Damar Training said: “The Data Protection and Information Governance Apprenticeship was only approved by the Institute of Apprenticeships in 2022, and its delightful to see apprentices flourishing on the programme.

“From cyber security to managing data protection risks, this programme is upskilling participants and adding value to both private and public sector organisations and we’re thrilled to see the first cohort, including Natasha, approach the completion of their training.”

If you are interested in the DP and IG Apprenticeship, please see our website for more details and get in touch to discuss further.

The Data Protection and Digital Information Bill: Where are we now?

The Data Protection and Digital Information Bill is currently in the Committee stage of the House of Lords. It will make changes to the UK GDPR, the Data Protection Act 2018 and Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”). It is expected to be passed in May and will probably come into force after a short transitional period.  

The current Bill is not substantially different to the previous version whose passage through Parliament was paused in September 2022 so ministers could engage in “a co-design process with business leaders and data experts” and move away from the “one-size-fits-all’ approach of the European Union’s GDPR.”  

The Same 

Many of the proposals in the new Bill are the same as contained in the previous Bill. These include: 

• Amended Definition of Personal Data: This proposed change would limit the assessment of identifiability of data to the controller or processor, and persons who are likely to receive the information, rather than anyone in the world.
  
  
• Vexatious Data Subject Requests: The terms “manifestly unfounded” or “excessive” requests, in Article 12 of the UK GDPR, will be replaced with “vexatious” or “excessive” requests. Explanation and examples of such requests will also be included. 
  
  
• Data Subject Complaints: Data Controllers will be required to acknowledge receipt of Data Subject complaints within 30 days and respond substantively “without undue delay”. The ICO will be entitled not to accept a complaint if a Data Subject has not made a complaint to the controller first. 
  
  
• Data Protection Officer: The obligation for some controllers and processors to appoint a Data Protection Officer (DPO) will be removed. However, public bodies and those who carry out processing likely to result in a “high risk” to individuals will be required to designate a senior manager as a “Senior Responsible Individual”.  
  
  
• Data Protection Impact Assessments: These will be replaced by leaner and less prescriptive “Assessments of High-Risk Processing.”  
  
  
• International Transfers: There will be a new approach to the test for adequacy applied by the UK Government to countries (and international organisations) and when Data Controllers are carrying out a Transfer Impact Assessment or TIA. The threshold for this new “data protection test” will be whether a jurisdiction offers protection that is “not materially lower” than under the UK GDPR. (For more detail see also our forthcoming International Transfers webinar). 
  

• The Information Commission: The Information Commissioner’s Office will transform into the Information Commission; a corporate body with a chief executive. 
  
  
• PECR: Cookies will be allowed to be used without consent for the purposes of web analytics and to install automatic software updates. Furthermore, non-commercial organisations (e.g. charities and political parties) will be able to rely on the “soft opt-in” for direct marketing purposes, if they have obtained contact details from an individual expressing interest. Finally, there will be an increase to the fines from the current maximum of £500,000 to UK GDPR levels i.e. up to £17.5m of 4% of global annual turnover (whichever is higher).  

The Changes 

The main changes are summarised below: 

• Scientific Research: The definition of scientific research is amended so that it now includes research for the purposes of commercial activity. This expands the circumstances in which processing for research purposes may be undertaken, providing a broader consent mechanism and exemption to the fair processing requirement. 

• Legitimate Interests: The Previous Bill proposed that businesses could rely on legitimate interests (Article 6 lawful basis) without the requirement to conduct a balancing test against the rights and freedoms of data subjects where those legitimate interests are “recognised”. These “recognised” legitimate interests cover purposes for processing such as national security, public security, defence, emergencies, preventing crime, safeguarding and democratic engagement.  The new Bill, whilst keeping the above changes, introduces a non-exhaustive list of cases where organisations may rely on the “legitimate interests” legal basis, including for the purposes of direct marketing, transferring data within the organisation for administrative purposes and for the purposes of ensuring the security of network and information systems; although a balancing exercise still needs to be conducted in these cases.  

• Automated Decision Making: The Previous Bill clarified that its proposed restrictions on automated decision-making under Article 22 UK GDPR should only apply to decisions that are a result of automated processing without “meaningful human involvement”. The new Bill states that profiling will be a relevant factor in the assessment as to whether there has been meaningful human involvement in a decision.  

• Records of Processing Activities (ROPA): The Previous Bill streamlined the required content of ROPAs. The new Bill exempts all controllers and processors from the duty to maintain a ROPA unless they are carrying out high risk processing activities.  

• Subject Access: Clause 12 of the Bill introduced at the House of Commons Report Stage amends Article 12 of UK GDPR (and the DPA 2018) so that Data Controllers are only obliged to undertake a reasonable and proportionate search for information request under the right of access.  

Adequacy 

Although the Government states that the new Bill is “a new system of data protection”, it still retains the UK GDPR’s structure and fundamental obligations. Organisations that are already compliant with the UK GDPR will not be required to make any major changes to their systems and processes.  

The EU conducts a review of adequacy with the UK every four years; the next adequacy decision is due on 27^th June 2025. Some commentators have suggested that the changes may jeopardise the UK’s adequate status and so impact the free flow of data between the UK and EU. Defend Digital Me, a civil liberties organisation, has claimed that the Bill would, among other things, weaken data subjects’ rights, water down accountability requirements, and reduce the independence of the ICO.  

Other Parts of the Bill 

The Bill would also: 

• establish a framework for the provision of digital verification services to enable digital identities to be used with the same confidence as paper documents. 
   
• increase fines for nuisance calls and texts under PECR. 
  
  
• update the PECR to cut down on ‘user consent’ pop-ups and banners. 
  
  
• allow for the sharing of customer data, through smart data schemes, to provide services such as personalised market comparisons and account management. 

• reform the way births and deaths are registered in England and Wales, enabling the move from a paper-based system to registration in an electronic register.
  
• facilitate the flow and use of personal data for law enforcement and national security purposes. 
  
  
• create a clearer legal basis for political parties and elected representatives to process personal data for the purposes of democratic engagement. 
  

Reading the Parliamentary debates on the Bill, it seems that the Labour party have no great desire to table substantial amendments to be the Bill. Consequently, it is expected that the Bill will be passed in a form similar to the one now published.  

Learn more about the updated bill with our Data Protection and Digital Information Bill: Preparing for GDPR and PECR Reforms workshop. Dive into the issues discussed in this blog and secure your spot now. 

HelloFresh fined by the ICO

The Information Commissioner’s Office (ICO) has fined food delivery company HelloFresh £140,000 for a campaign of 79 million spam emails and 1 million spam texts over a seven-month period. 

HelloFresh, under its official name Grocery Delivery E-Services UK Limited, was deemed to contravene regulation 22 of the Privacy and Electronic Communications Regulations 2003. 

Key points from this case include: 

1. Inadequate Consent Mechanism: The opt-in statement used by HelloFresh did not specifically mention the use of text messages for marketing. While there was a mention of email marketing, it was ambiguously tied to an age confirmation statement, which could mislead customers into consenting. 

2. Lack of Transparency: Customers were not properly informed that their data would continue to be used for marketing purposes for up to 24 months after they cancelled their subscriptions with HelloFresh. 

3. Continued Contact Post Opt-Out: The ICO’s investigation revealed that HelloFresh continued to contact some individuals even after they had explicitly requested for the communications to stop. 

4. Volume of Complaints: The investigation was triggered by numerous complaints, both to the ICO and through the 7726 spam message reporting service. 

5. Substantial Fine: As a result of these findings, HelloFresh was fined £140,000. 
    
   Andy Curry, Head of Investigations at the ICO, emphasised the severity of the breach, noting that HelloFresh failed to provide clear opt-in and opt-out information, leading to a bombardment of unwanted marketing communications. The ICO’s decision to impose a fine reflects their commitment to enforce the law and protect customer data rights. 

This case serves as a reminder of the importance of complying with data protection and electronic communications regulations, especially in terms of obtaining clear and informed consent for marketing communications.

Dive deeper into the realm of data protection with our UK GDPR Practitioner Certificate, offering crucial insights into compliance essentials highlighted in this blog. Limited spaces are available for our January cohort – book now to enhance your understanding and navigate data regulations with confidence. 

The Hidden Reach of the Prevent Strategy: Beyond Counter-Terrorism Units

The UK government’s anti-radicalisation program, Prevent, is reportedly sharing the personal details of thousands of individuals more extensively than previously known. This sharing includes not just counter-terrorism units, but also airports, ports, immigration services, and officials at the Home Office and the Foreign, Commonwealth and Development Office (FCDO). Critics argue that such widespread data sharing could be illegal, as it involves moving sensitive personal data between databases without the consent of the individuals. 

A Metropolitan police document titled “Prevent case management guidance” indicates that Prevent details are also shared with the ports authority watchlist. This raises concerns that individuals may face increased scrutiny at airports or be subjected to counter-terrorism powers without reasonable suspicion. The document also mentions that foreign nationals may have their backgrounds checked by the FCDO and immigration services for any overseas convictions or intelligence. 

Furthermore, the Acro Criminal Records Office, which manages UK criminal records, is notified about individuals referred to Prevent, despite the program dealing with individuals who haven’t necessarily engaged in criminal behaviour.
Counter-terror police emphasise their careful approach to data sharing, which aims to protect vulnerable individuals. 

Prevent’s goal is to divert people from terrorism before they offend, and most people are unaware of their referral to the program. 95% of referrals result in no further action. A secret database, the National Police Prevent Case Management database, was previously disclosed in 2019, revealing the storage of details of those referred to Prevent. 

Newly disclosed information, obtained through a freedom of information request by the Open Rights Group (ORG), reveals that Prevent data is shared across various police databases, including the Police National Computer, specialised counter-terrorism and local intelligence systems, and the National Crime Agency. 

The sharing of this data was accidentally revealed due to a redaction error in a heavily edited Met document. Despite its sensitive nature, the ORG decided to make the document public. Sophia Akram of the ORG expressed concerns over the extent of the data sharing and potential harms, suggesting that it could be unfair and possibly unlawful. 

The guidance also indicates that data is retained and used even in cases where no further action is taken. There are concerns about the impact on young people’s educational opportunities, as Prevent requires public bodies like schools and the police to identify individuals at risk of extremism. 

Recent figures show thousands of referrals to Prevent, predominantly from educational institutions. From April 2022 to March 2023, a total of 6,817 individuals were directed to the Prevent program. Within this group, educational institutions were responsible for 2,684 referrals. Breaking down the referrals by age, there were 2,203 adolescents between the ages of 15 and 20, and 2,119 referrals involved children aged 14 or younger.

There are worries about the long-term consequences for children and young people referred to the program. Several cases have highlighted the intrusive nature of this data sharing and its potential impact on individuals’ lives. Cases in which students have missed gaining a place at a sixth form college and other cases involving children as young as four years old.  

Prevent Watch, an organisation monitoring the program, has raised alarms about the data sharing, particularly its effect on young children. The FoI disclosures challenge the notion that Prevent is non-criminalising, as data on individuals, even those marked as ‘no further action’, can be stored on criminal databases and flagged on watchlists. 

Counter-terrorism policing spokespeople defend the program, emphasising its
multi-agency nature and focus on protecting people from harm. They assert that data sharing is carefully managed and legally compliant, aiming to safeguard vulnerable individuals from joining terror groups or entering conflict zones. 

Learn more about data sharing with our UK GDPR Practitioner Certificate. Dive into the issues discussed in this blog and secure your spot now.

Act Now Partners with Middlesex University Dubai for UAE’s first Executive Certificate in DP Law

Act Now Training, in collaboration with Middlesex University Dubai, is excited to announce the launch of the UAE’s first Data Protection Executive training programme. This qualification is ideal as a foundation for businesses and organisations aiming to comply with the UAE Federal Data Protection Law.

This practical course focusses on developing a data protection framework and ensuring compliance with the UAE Data Protection Law’s strict requirements. This is particularly relevant given the recent advancements in Data Protection law in the Middle East, including the UAE’s first comprehensive national data protection law, Federal Decree Law No. 45/2021. 

This law regulates personal data processing, emphasising transparency, accountability, and data subject rights. It applies to all organisations processing personal data within the UAE and abroad for UAE residents.

The importance of understanding this law is paramount for every business and organisation, as it necessitates a thorough reassessment of personal data handling practices. Non-compliance can lead to severe penalties and reputational damage.

The Executive Certificate in UAE DP Law is a practical qualification delivered over 5-weeks in two half day sessions per week and offers numerous benefits:

1. Expertise in Cutting-Edge Legislation: Gain in-depth knowledge of the UAE’s data protection law, essential for professionals at the forefront of data protection practices.
   
   
2. Professional Development: This knowledge enhances your resume, especially for roles in compliance, legal, and IT sectors, showing a commitment to legal reforms.
   
   
3. Practical Application: The course’s structured format allows gradual learning and practical application of complex legal concepts, ensuring a deep understanding of the law.
   
   
4. Risk Mitigation: Understanding the law aids in helping organisations avoid penalties and reputational harm due to non-compliance.
   
   
5. Networking Opportunities: The course provides valuable connections in the field of data protection and law.
   
   
6. Empowerment of Data Subjects: Delegates gain insights into their rights as data subjects, empowering them to protect their personal data effectively.
   

Delegates will receive extensive support, including expert instruction, comprehensive materials, interactive sessions, practical exercises, group collaboration, ongoing assessment, and additional resources for further learning. Personal tutor support is also provided throughout the course.

This program is highly recommended for officers in organisations both inside and outside the UAE that conduct business in the region or have customers, agents, and employees there. 

Act Now will be delivering and has designed the curriculum. Act Now Training is the UK’s premier provider of information governance training and consultancy, serving government organisations, multinational corporations, financial institutions, and corporate law firms.   

With a history of delivering practical, high-quality training since 2002.
Act Now’s skills-based training approach has led to numerous awards including most recently the Supplier of Year Award 2022-23 by the Information and Records Management Society in the UK. 

Our associates have decades of hands-on global Information Governance experience and thus are able to break down this complex area with real world examples making it easy to understand, apply and even fun!

Middlesex University Dubai is a 5 star rated KHDA university and one of three global campuses including London and Mauritius. It is the largest UK University in the UAE with over 5000 student enrolments from over 120 nationalities.

For more information and to register your interest, visit Middlesex University Dubai’s website. Alternatively you can Click Here.

The British Library Hack: A Chapter in Ransomware Resilience

In a stark reminder of the persistent threat of cybercrime, the British Library has confirmed a data breach incident that has led to the exposure of sensitive personal data, with materials purportedly up for auction online. An October intrusion by a notorious cybercrime group targeted the library, which is home to an extensive collection, including over 14 million books.

Recently, the ransomware group Rhysida claimed responsibility, publicly displaying snippets of sensitive data, and announcing the sale of this information for a significant sum of around £600k to be paid in cryptocurrency.

While the group boasts about the data’s exclusivity and sets a firm bidding deadline (today 27^th November 2023), the library has only acknowledged a leak of what seems to be internal human resources documents. It has not verified the identity of the attackers nor the authenticity of the sale items. The cyber attack has significantly disrupted the library’s operations, leading to service interruptions expected to span several months.

In response, the library has strengthened its digital defenses, sought expert cybersecurity assistance, and urged its patrons to update their login credentials as a protective measure. The library is working closely with the National Cyber Security Centre and law enforcement to investigate, but details remain confidential due to the ongoing inquiry.

The consequences of the attack have necessitated a temporary shutdown of the library’s online presence. Physical locations, however, remain accessible. Updates can be found the British Library’s X (née twitter) feed. The risk posed by Rhysida has drawn attention from international agencies, with recent advisories from the FBI and US cybersecurity authorities. The group has been active globally, with attacks on various sectors and institutions.

The British Library’s leadership has expressed appreciation for the support and patience from its community as it navigates the aftermath of the cyber attack.

What is a Ransomware Attack?

A ransomware attack is a type of malicious cyber operation where hackers infiltrate a computer system to encrypt data, effectively locking out the rightful users. The attackers then demand payment, often in cryptocurrency, for the decryption key. These attacks can paralyse organisations, leading to significant data loss and disruption of operations.

Who is Rhysida?

The Rhysida ransomware group first came to the fore in May of 2023, following the emergence of their victim support chat portal hosted via the TOR browser. The group identifies as a “cybersecurity team” who highlight security flaws by targeting victims’ systems and spotlighting the supposed potential ramifications of the involved security issues.

How to prevent a Ransomware Attack?

Hackers are becoming more and more sophisticated in ways they target our personal data. We have seen this with banking scams recently. However there are some measures we can implement personally and within our organisations to prevent a ransomware attack.

1. Avoid Unverified Links: Refrain from clicking on links in spam emails or unfamiliar websites. Hackers frequently disseminate ransomware via such links, which, when clicked, can initiate the download of malware. This malware can then encrypt your data and hold it for ransom​​.
   
   
2. Safeguard Personal Information: It’s crucial to never disclose personal information such as addresses, NI numbers, login details, or banking information online, especially in response to unsolicited communications​​.
   
   
3. Educate Employees: Increasing awareness among employees can be a strong defence. Training should focus on identifying and handling suspicious emails, attachments, and links. Additionally, having a contingency plan in the event of a ransomware infection is important​​.
   
   
4. Implement a Firewall: A robust firewall can act as a first line of defence, monitoring incoming and outgoing traffic for threats and signs of malicious activity. This should be complemented with proactive measures such as threat hunting and active tagging of workloads​​.
   
   
5. Regular Backups: Maintain up-to-date backups of all critical data. In the event of a ransomware attack, having these backups means you can restore your systems to a previous, unencrypted state without having to consider ransom demands.
   
   
6. Create Inventories of Assets and Data: Having inventories of the data and assets you hold allows you to have an immediate knowledge of what has been compromised in the event of an attack whilst also allowing you to update security protocols for sensitive data over time.
   
   
7. Multi-Factor Authentication: Identifying legitimate users in more than one way ensures that you are only granting access to those intended. 

These are some strategies organisations can use as part of a more comprehensive cybersecurity protocol which will significantly reduce the risk of falling victim to a ransomware attack. 

Join us on our workshop “How to increase Cyber Security in your Organisation” and Cyber Security for DPO’s where we discuss all of the above and more helping you create the right foundations for Cyber resilience within your organisation. 

Act Now in Dubai: Season 2

On the 2^ndand 3^rd October 2023, the UAE held the first ever privacy and data protection law conference; a unique event organised by the Dubai International Financial Centre (DIFC) and data protection practitioners in the Middle East. The conference brought together data protection and security compliance professionals from across the world to discuss the latest developments in the Middle East data protection framework.  

Data Protection law in the Middle East has seen some rapid developments recently. The UAE has enacted its first federal law to comprehensively regulate the processing of personal data in all seven emirates. Once in force (expected to be early next year) this will sit alongside current data protection laws regulating businesses in the various UAE financial districts such as the Dubai International Financial Centre (DIFC) Data Protection Law No. 5 of 2020 and the Abu Dhabi Global Market (ADGM) Data Protection Regulations 2021. Jordan, Oman, Bahrain and Qatar also have comprehensive data protection laws.  Currently what is causing most excitement in the Middle East data protection community is Saudi Arabia’s Personal Data Protection Law (PDPL) which came into force on 14^th September 2022.  

The conference agenda covered various topics including the interoperability of data protection laws in the GCC, unlocking data flows in the region, smart cities, the use of facial recognition and data localisation. The focus of day 2 was on AI and machine learning. There were some great panels on this topic discussing AI standards, transparency and the need for regulation.   

Speakers included the UAE Minister for AI, His Excellency Omar Sultan Al Olama, as well as leading data protection lawyers and practitioners from around the world. Elisabeth Denham, former UK Information Commissioner, also addressed the delegates alongside data protection regulators from across the region. Act Now’s director, Ibrahim Hasan, was invited to take part in a panel discussion to share his experience of GDPR litigation and enforcement action in the UK and EU and what lessons can be drawn for the Middle East. 

Alongside Ibrahim, the Act Now team were at the conference to answer delegates’ questions about our UAE and KSA training programmes.
Act Now has delivered training  extensively in the Middle East to a wide range of delegates including representatives of the telecommunications, legal and technology sectors. We were pleased to see there that there was a lot of interest in our courses especially our DPO certificates.  

Following the conference, Ibrahim was invited to deliver a guest lecture to law students at Middlesex University Dubai. This is the biggest university in Dubai with over 4500 students from over 118 countries. Ibrahim talked about the importance of Data Protection law and job opportunities in the information governance profession. He was pleasantly surprised by the students’ interest in the subject and their willingness to consider IG as an alternative career path. A fantastic end to a successful trip. Our thanks to the conference organisers, particularly Lori Baker at the DIFC Commissioner’s Office, and our friends at Middlesex University Dubai for inviting us to address the students.  

Now is the time to train your staff in the new data protection laws in the Middle East. We can deliver online as well as face to face training. All of our training starts with a free analysis call to ensure you have the right level and most appropriate content for your organisation’s needs. Please get in touch to discuss your training or consultancy needs.  

All Go for UK to US Data Transfers

On 10^th July 2023, the European Commission adopted its adequacy decision under Article 45 of GDPR for the EU-U.S. Data Privacy Framework (DPF).
It concluded that the United States ensures an adequate level of protection, comparable to that of the European Union, for personal data transferred from the EU to US companies under the new framework. It means that personal data can flow safely from the EU to US companies participating in the Framework, without having to put in place additional data protection safeguards under the GDPR. 

The question then is, “What about transfers from the UK to the US which were not covered by the above?” The Data Protection (Adequacy) (United States of America) Regulations 2023 (SI 2023/1028) will come into force on 12th October 2023. The effect of the Regulations will be that, as of 12^th October 2023, a transfer of personal data from the UK to an entity in the USA which has self-certified to the Trans-Atlantic EU-US Data Privacy Framework and its UK extension and which will abide by the EU-US Data Privacy Framework Principles, will be deemed to offer an adequate level of protection for personal data and shall be lawful in accordance with Article 45(1) UK GDPR.  

Currently, data transfers from the UK to the US under the UK GDPR must either be based on a safeguard, such as standard contractual clauses or binding corporate rules, or fall within the scope of a derogation under Article 49 UK GDPR. 

UK Data Controllers need to update privacy policies and document their own processing activities as necessary to reflect any changes in how they transfer personal data to the US. 

The new US – EU Data Privacy Framework will be discussed in detail on our forthcoming International Transfers workshop.