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New EU standard contractual clauses for international data transfers published

Last week, the European Commission (EC) adopted a set of new standard contractual clauses, one of which included standard contractual clauses for the transfer of personal data to third countries (New EU SCCs). The EC also adopted a set of SCCs for use between controllers and processors pursuant to Article 28(7) of the EU GDPR.…

GDPR Article 27 Representatives not liable for data protection breaches by controllers

Since the General Data Protection Regulation (GDPR) came into force in May 2018, foreign data controllers caught by the GDPR’s extra-territorial effect (i.e. those offering goods or services to EU citizens) have been required to appoint a European representative under Article 27 of the GDPR. Following the end of the Brexit transition period, this requirement…

NFTs – a bold new revenue stream for rights-holders?

The latest well-publicised craze in the art world is non-fungible tokens, or NFTs. NFTs were relatively unheard of until recently but interest in them has skyrocketed since early March when Christie’s sold a digital work of art by the contemporary artist Beeple as an NFT for an astounding $69.3 million, and Jack Dorsey sold the…

The location of crypto: legal and tax implications

Cryptoassets are digital representations of value that operate via distributed ledger technology. As cryptoassets are digital in nature, sensibly attributing a geographical location to them is far from straight forward. Notwithstanding this, the deemed geographical location of cryptoassets has potentially significant implications for owners and investors on questions of applicable law and jurisdiction in disputes,…

Cheque-mate: the tale of two adult children whose claim under the 1975 Act did not succeed

When Juliet and Lauretta’s father died, whom they reportedly called ‘the Chequebook,’ they were disappointed to find that his wealth was not to be distributed amongst them. Instead, the late Mr Shearer’s estate would pass to his widow, Juliet and Lauretta’s stepmother. Determined to seek financial provision from the estate, they brought a claim under…

GDPR-style AI regulation proposed by the European Commission

The European Commission (EC) proposes ‘the first-ever legal framework on AI’ governing the placement of AI on the market, putting AI into service and general post-market monitoring obligations – the AI Regulation. The AI Regulation prohibits the use of certain AI practices, setting out a framework for ‘high-risk AI systems’ and their relevant requirements and…

Jurisdiction post-Brexit

The UK left the EU on 31 January 2020, and the transition period ended on 31 December 2020. Yet, months later, the issue of jurisdiction post-Brexit still remains a hot topic. This article summarises a number of the key changes and developing legal issues. Pre-Brexit Within the EU, and in the UK before Brexit, the…