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Tag: Ashley Hurst (Page 1 of 3)

Online Harms: Moving towards a system based on responsibility, not liability – Ashley Hurst and Ben Dunham

The regulation of “online harms” in Europe has just taken a big leap. On the same day just before Christmas, the European Commission unveiled the first draft of its proposal to update the responsibilities and liabilities of digital service providers in its “Digital Services Act” (DSA), and the UK announced an update on its Online Harms Bill, which is now very close to publication. In the context of Brexit, the divergence of the two regimes is stark and paves the way for some fascinating debates in 2021. Continue reading

Learning from the British Airways and Marriott International fines: What does the GDPR standard of “Appropriate Technical and Organisational Measures” actually mean? Part 2 – Ashley Hurst and Nina Lazic

The first part of this article detailed the baseline technical measures that companies should be taking in order to remain GDPR compliant. Alongside these technical measures, it is equally important to ensure that robust organisational measures are in place. Continue reading

Learning from the British Airways and Marriott International fines: What does the GDPR standard of “Appropriate Technical and Organisational Measures” actually mean? Part 1 – Ashley Hurst and Nina Lazic

In July 2019, the sea-change in data protection enforcement became abundantly clear when, in the space of two days, the Information Commissioner’s Office (ICO) announced its intention to fine British Airways £183.39 million and Marriott International £99.3 million in relation to their high profile data breaches. Continue reading

Case Law: Dawson-Damer v Taylor Wessing, Subject access requests: Court of Appeal bolsters right to disclosure of data – Ashley Hurst and Peter Barratt

data-protectionOn 16 February 2017, the Court of Appeal handed down judgment in one of its hotly anticipated forays into data protection law. The decision in Dawson-Damer v Taylor Wessing LLP ([2017] EWCA Civ 74) reverses a decision by the High Court that the law firm Taylor Wessing had not breached the Data Protection Act 1998 (DPA) by refusing to carry out searches on grounds of proportionality, legal privilege and improper purpose. Continue reading

Data Privacy and Intermediary Liability: Striking a balance between privacy, reputation, innovation and freedom of expression, Part 2 – Ashley Hurst

ashley profile picThis is the second part of a two part post.  The first part was published on 14 May 2015

Whilst the question of the liability of internet intermediaries for damages is very interesting, in the vast majority of cases, all claimants want is for the damaging material to be removed from the internet.  Continue reading

Data Privacy and Intermediary Liability: Striking a balance between privacy, reputation, innovation and freedom of expression, Part 1 – Ashley Hurst

Ashley HurstThis two part post looks at why the Data Protection Act 1998 (the “DPA”), as derived from the Data Protection Directive 1995 (the “DP Directive”) has suddenly, over 25 years since its enactment, become the weapon of choice for reputation managers and in doing so created a thorny new set of problems, particularly for internet intermediaries. Continue reading

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