As smart glasses become increasingly popular, concerns about their privacy implications have become more pressing. Against this backdrop, the European Data Protection Board (EDPB) adopted a statement about smart glasses and associated data protection issues and recommendations on 13 October 2026.
Smart glasses are wearable devices which often look like regular glasses or sunglasses but have computing capabilities that typically allow users to listen to music, make phone calls, take photographs, record videos, access real-time translation services, and/or live stream.
As smart glasses have gained popularity, there has been concern about the potential for smart glasses users to record bystanders in public and then disseminate those recordings widely across social media platforms, all without the bystanders’ knowledge. On 13 October, the EDPB weighed in on this discussion.
In terms of those using smart glasses, the EDPB identified that:
Perhaps unsurprisingly given smart glasses’ discreet nature, the EDPB identified transparency as a central challenge. It recommended a range of measures that could be applied to smart glasses’ design to help inform bystanders that an individual is wearing them, including visual or LED indicators on smart glasses, voice activation requirements and audio indicators such as a click sound when a picture is taken, smartphone-based proximity notifications to alert other individuals that nearby smart glasses are in use and a visual design that distinguishes smart glasses from regular ones.
Any processing within the scope of the GDPR must have a valid legal basis under Article 6(1) GDPR. The EDPB acknowledges that:
While we have seen very limited guidance about smart glasses in the UK so far, anyone using smart glasses to process personal data should understand that such use may trigger data protection obligations depending on the circumstances.
Sacha advises clients from a variety of sectors, including some of the world’s best known brands, agencies and platforms. He is ranked for advertising and digital media in both The Legal 500 and Chambers and Partners and is recognised as one of the UK’s leading advertising lawyers.
Sacha advises on a range of commercial transactions and has particular expertise in advertising-related agreements (such as creative agency, media planning and buying, production and brand partnerships). He is particularly well known for his expertise in digital marketing and adtech.
Sacha also has expertise in general advertising compliance (including prize promotions, native advertising and influencer marketing) as well as ecommerce and online consumer regulations.
Sacha also works within the firm’s retail and technology practices and regularly advises well-known retail brands on a range of retail-focused commercial agreements including distribution, licensing, and franchise agreements, as well as clients across a range of industries on tech focused agreements such as software development, SaaS, and IT services contracts.
In relation to data privacy, Sacha has advised on all the key compliance areas, and has worked with a large number of clients on their data protection compliance programmes. He has particular expertise in the data privacy aspects of marketing, adtech and digital media. He frequently advises on the compliance aspects of adtech vendor arrangements, programmatic advertising, and mobile apps.
Sacha also has expertise in the legal issues associated with AI, particularly in the context of advertising and marketing. He regularly advises clients on the privacy, IP, contractual and regulatory issues associated with the use and deployment of AI for a range of purposes in the advertising and marketing industries.
She advises on compliance with data protection laws and information laws, including the UK and EU General Data Protection Regulation (GDPR), the Data Protection Act 2018, the Freedom of Information Act (FOIA) and codes of practice issued by the ICO and other data protection regulators.
She assist clients with data protection agreements/addendums (DPA), data protection impact assessments (DPIA), drafting and reviewing privacy policies and cookies policies and cookie banners. Nadia handles contentious data protection matters too such as communications with the ICO, personal data breaches and data subject requests such as data subject access requests (DSAR). She keep clients informed of any changes to data protection laws and updated guidance from data protection regulators, and provides training to legal teams and employees on data protection best practices. Nadia has also been seconded to help ensure compliance with GDPR and information law procedures are effective and meet the necessary standards.
Nadia works with a wide range of clients, from small businesses to large corporations, to help them understand their legal obligations and develop data protection strategies and programmes for compliance with data protection laws. Such clients include those in the fashion and retail sector, streaming services, gaming, technology and more.
Nadia has completed the Certified Information Privacy Professionals/Europe (CIPP/E) by IAPP and is a member of the Society for Computers and Law.
Ella advises clients at the pre-action phase and throughout all stages of the litigation process. As well as complex High Court litigation, she has experience resolving disputes through settlement negotiations.
Ella acts for clients across a broad range of sectors, including technology, media and entertainment and financial services. She has particular experience handling disputes involving breach of contract claims and contractual interpretation.
Ella read History at the University of Oxford and graduated with first class honours in 2019. She trained at Clifford Chance, where she qualified into their Litigation & Dispute Resolution team in 2024. Ella joined Harbottle & Lewis in 2026.
Ella is a member of the Next Generation Media Lawyers.