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PODCAST

Life with GDPR

How does GDPR, data privacy, and data protection impact your business? In this podcast, Tom Fox, the Voice of Compliance, hosts Data Privacy/Data Security expert Jonathan Armstrong, co-founder of Cordery Compliance. They use the framework of GDPR to discuss a wide range of issues relating to data privacy and data protection. If you are a compliance professional, business leader, or InfoSec security expert, this is the podcast to learn about what is happening in the UK, EU, US, and

business management

All Episodes

20:50

Boris Johnson Announces Resignation

Life with GDPR ·

2022/07/13

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we discuss British Prime Minster Boris Johnson’s recent announcement that he will be resigning as British PM when his successor is announced. Some of the highlights include: Reasons for the resignation. Candidates for the PM role going forward. Key compliance and related issues for the new PM going forward . Lessons learned from the Pincher Affair and the BoJo resignation. Resources For more

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24:24

GDPR Draft Guidance on Fines Calculation

Life with GDPR ·

2022/06/30

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we review the recently released European Data Protection Board (EDPB) draft guidance on calculating fines entitled “Guidelines 04/2022 on the calculation of administrative fines under the GDPR”. Some of the highlights include: 1. There have been just under 1.5 billion in overall fines under GDPR. 2. Spain has the largest number of fines but the smallest monetary amount of fines. 3. The

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21:16

FRC Report on Compliance with the UK Modern Slavery...

Life with GDPR ·

2022/06/23

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we review the recently released Financial Reporting Council (FRC), the UK Anti-Slavery Commissioner, and Lancaster University (Management School) report on a sample of a hundred major companies’ modern slavery statements and their strategic and governance reports. Some of the highlights include: 1. Why the Report? 2. Some successes but much criticism. 3. Public responses when slavery issues are

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20:34

Clearview AI Fine by the ICO

Life with GDPR ·

2022/06/16

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we take up a fine in the UK by the ICO against Clearview AI. We have discussed other EU countries’ fines against Clearview previously. Some of the highlights include: What is this case all about? What did the ICO decide? Why is AI under the spotlight again? Other actions and penalties against Clearview? Key takeaways. Resources For more information on the Clearview AI fine by the ICO, check out the

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25:01

André Paris on the Brazilian GDPR

Life with GDPR ·

2022/05/26

Tom Fox returns for another episode of Life with GDPR. Jonathan Armstrong is on assignment this week, so we are joined by our colleague André Paris, a Brazilian Privacy and Compliance Consultant, Professor and Lawyer. Andre is the author of the book "Ethics and Transparency - A Path to Compliance". He is a specialist in building a Corporate Culture based on Ethics, Transparency and Respect. Experienced in Corporate Risk Analysis and Management, as well as in Protecting Corporate Reputation and

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24:00

Data Transfers from EU/UK to US

Life with GDPR ·

2022/05/12

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we take up the proposed agreement for data transfers from the EU (and UK) to the US. Some of the issues we consider in the myriad of questions around this latest version of Privacy Shield include: 1. Is this simply an agreement to agree? 2. Who will populate the independent court review in the US? 3. Will US spy agencies ever comply? 4. Will there be a real deal by the end of

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17:15

Clearview AI Redux

Life with GDPR ·

2022/04/28

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we consider the Italian Data Protection Authority (the Garante) fine against Clearview AI €20m for GDPR violations. It is the latest in a series of regulatory actions in Europe and in Australia against Clearview AI and it also continues a trend of AI enforcement in Italy. 1. Who is Clearview AI? 2. What is this matter about? 3. The background facts and the Italian investigation. 4. What did

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19:55

Tuckers Enforcement Action

Life with GDPR ·

2022/04/14

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we consider the UK Data Protection Authority, the Information Commissioners Office (ICO) recent announcement that it had fined a law firm, Tuckers Solicitors LLP for GDPR breaches. Tuckers was fined £98,000 after being hit by a ransomware attack. 1. Law firms are not unique. 2. What about other legal regulations and regulatory bodies? 3. The background facts. 4. What did the ICO

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16:44

Privacy Shield 3

Life with GDPR ·

2022/03/31

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, consider the recently announced EU/US resolution to allow data transfer from the EU to the United States through the mechanism of Privacy Shield 3. Some of the issues we consider include: 1. Is it Déjà vu all over again? 2. What about consent and standard contractual clauses as a basis for data transfer? 3. What was the court’s ruling? 4. Why double due diligence will be required going

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15:47

The Case of the Rogue Employee

Life with GDPR ·

2022/03/17

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In the 2020 Morrisons case the UK Supreme Court ruled that an employer can be legally responsible for data breaches caused by their employees, although in the particular situation in that case the court ruled that Morrisons (the employer) was not liable for the actions of their rogue employee. In this episode, Tom and Jonathan look at the more recent case of Isma Ali v. Luton Borough Council where the High Court ruled that

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17:42

The Case of the Smart TV

Life with GDPR ·

2022/03/03

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, dissect the case of the Smart TV and considers its implications for de minimis cases brought under GDPR. Some of the issues we consider include: 1. What were the underlying facts of the case? 2. Was the case filed in the correct court (High Court)? If not, why not? 3. What was the court’s ruling? 4. What is the viability of a de minimums claim going forward? 5. When dealing with data

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23:20

GDPR-10 Years After Original Proposal

Life with GDPR ·

2022/02/24

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we celebrate the 10-year anniversary of the initial proposal of the law which became GDPR. Some of the issues we consider include: What was in the original proposal that did not become enacted in the final law? Reduction in costs-what happened? Right to be Forgotten, morphed into something very different than intended. Fines, Fines, Fines. Evolution of regulatory sophistication. Criticism of

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26:53

Class Action Update

Life with GDPR ·

2022/02/10

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we take a deep dive into class action litigation in the UK and EU around data privacy and data protection. Some of the issues we consider include: 1. Has the tide turned in favor of defendants in class action litigation in the UK? 2. Are actual damages now required to receive damages after a data breach? 3. How can a company manage a regulatory investigation of a data breach during a class

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21:21

Update on Blackbaud

Life with GDPR ·

2022/02/03

Jonathan Armstrong returns from assignment to take on a potpourri of issues with co-host Tom Fox. In this episode, we consider some of the issues from the Blackbaud data breach enforcement action. Some of the issues we consider include: Does this matter signal a priority in risk shifting by the regulators? Implications for class actions involving customers. Hardening of the insurance market regarding data breaches. More due diligence coming in the B2B arena. Steps your organization should take

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16:38

Potpourri Edition

Life with GDPR ·

2021/12/02

Jonathan Armstrong returns from assignment to take on a potpourri of issues with co-host Tom Fox. We use the recent speech by Deputy Attorney General Lisa Monaco as a jumping off point to discuss how this change in DOJ enforcement policy and focus will be impacted by GDPR, the new EU Whistleblower Directive and how increased international cooperation around international anti-corruption compliance may play out. Some of the issues we consider include: Data protection issues under the new DOJ FCPA

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27:59

EU Whistleblower Directive-Part 2

Life with GDPR ·

2021/11/04

Jonathan Armstrong is on assignment in Cornwall so for this episode Cordery Compliance co-founder Andre Bywater joins Tom Fox to discuss issues relating to the upcoming EU Whistleblower Directive, with a go live date of December 17. This is Part 2 of a special 2-part episode. Some of the questions we consider include: What about whistleblowing and data protection issues? Are individuals subject to whistleblowing allegations also protected? Subject Access Requests. False

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34:37

EU Whistleblower Directive-Part 1

Life with GDPR ·

2021/10/27

Jonathan Armstrong is on assignment in Cornwall so for this episode Cordery Compliance co-founder Andre Bywater joins Tom Fox to discuss the upcoming EU Whistleblower Directive go live date of December 17. This is Part 1 of a special 2-part episode. Some of the questions we consider include: 1. Why is the EU tackling whistleblowing & what EU areas fall in scope? 2. Who can be a whistleblower? 3. What about anonymity and confidentiality? 4. Which whistleblowing route should a

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17:56

EU Whistleblower Update

Life with GDPR ·

2021/10/21

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. In this episode we take up a recent decision from Luxembourg which would seem antithetical to good whistleblower practices. We also consider the upcoming EU Whistleblower Directive go live date of December 17. Some of the questions we consider include: 1. What are the facts of the enforcement actions? 2. When should company harm outweigh public good from

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18:05

Jonathan’s Favorite Enforcement Action

Life with GDPR ·

2021/09/30

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. In this episode we take up Jonathan’s (current) favorite GDPR enforcement action, involving the food deliver services Deliveroo and Foodinho, who ran afoul of the Italian data protection authority. Some of the questions we consider include: What are the facts of the enforcement actions? What do these cases tell us about the use of AI and data privacy? What lessons can

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19:23

To Pay or Not to Pay

Life with GDPR ·

2021/09/16

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. In this episode the always difficult decision of whether to pay or not to pay a ransomware demand. Some of the questions we consider include: 1. How does a ransomware attack occur? 2. What are the potential legal and commercial risks of paying ransoms? 3. What about specific new laws to ban ransomware payments? 4. What should you do if your organization is

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