-
Archives
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- May 2017
- January 2017
- December 2014
- September 2014
- June 2014
-
Meta
Monthly Archives: June 2020
Coronavirus and D&O insurance policies – will we see an increase in claims?
The decisions made and actions taken, or not taken, by companies and their directors in response to the COVID-19 crisis are being intensely scrutinised by regulators, shareholders, and creditors alike. It is anticipated that some businesses may face claims relating …
Posted in Shorter Reads
Tagged CoronaVirus, D&O insurance, liability
Comments Off on Coronavirus and D&O insurance policies – will we see an increase in claims?
Are Google’s cookies crumbling?
We have grown accustomed to the extraordinary speed and efficiency of the Google search engine and Chrome browser. Many people also welcome the prompts and suggestions for browsing and purchases generated by Google Analytics. For a large number of businesses (including our own), Google Analytics provides useful feedback and analysis on visits to your website. For businesses in all countries signed up to the GDPR, cookie notices should make clear whether or not a business wishes to use Google Analytics, and give individuals the ability to opt in or out.A growing number of people around the world, however, are wanting to take back control of their personal data. Rather than simply accepting cookies when invited to do so, they are setting preference options which refuse all but essential cookies, or refuse analytical, targeting and advertising-related cookies. The GDPR and related directives have strengthened the position of data subjects who wish to limit the amount of their data that cookies collect and share. A recent German court decision has held that using cookies for marketing or market intelligence purposes invariably requires user consent, whether or not the cookies collect personal data. Further, that consent must be given through active confirmation by the user, not pre-ticked boxes. Users must also be given adequate information about what cookies there are and what they do.There is no federal data protection law in the US that mirrors the provisions of the GDPR. There is a Privacy Shield voluntary scheme for businesses processing data from EU subjects, to minimise the formalities needed for data transfers, but the efficacy of that system is currently being challenged. Individual states have introduced different data protection laws, and the California legislation is arguably the toughest, so far as data collectors are concerned. Given the patchwork nature of US data protection, Google and others have been accused of being slow to adopt ‘best practice’ data privacy measures, perhaps because it would require them to go far beyond the protection available in the majority of states.Against that background US data subjects who do not wish their data to be mined by Google Analytics seem to have been under the impression that choosing Google’s “Incognito” mode would prevent their personal data being mined by Analytics. Not so, says Google. Furthermore, the company claims that this is made clear every time a new search tab is opened. Given the dictionary definition of “incognito” is “having one’s true identity concealed”, the choice of name is questionable, at the very least.A class action has been brought in California where these conflicting views will be tested. The headline compensation being sought is US$5 billion. Not only lawyers, but vigilant data subjects in all walks of life will be watching this case closely to see how this dispute develops and whether a similar class action will be brought in the UK or elsewhere in Europe under the GDPR and related directives. If the case goes against Google, the days of near-universal use of Analytics may be numbered, or at least the nature and extent of the use will need to be made clearer in the US at least. Google will be no doubt hoping that the court decision will offer them some crumbs of comfort.
Posted in Shorter Reads
Comments Off on Are Google’s cookies crumbling?
Coronavirus & Flexible Furlough: Changes to the Job Retention Scheme
Chancellor of the Exchequer Rishi Sunak has announced changes to the Coronavirus Job Retention Scheme from 1 August 2020. In June and July, the Scheme will continue as before, with the Government covering 80% of the cost of furloughed employees’ …
Posted in Shorter Reads
Tagged CoronaVirus, COVID-19, furlough
Comments Off on Coronavirus & Flexible Furlough: Changes to the Job Retention Scheme