This paper explains why for UK companies wishing to trade with the EU, a “No-Deal Brexit” is all “lose – lose” in data protection terms: they lose the advantages the GDPR grants to EU-based companies while still being required to comply with the stringent GDPR requirements, and while...

This paper was produced in the context of the study on "New Challenges to Data Protection." commissioned by the European Commission. It contains charts reflecting the findings of Working Paper No. 2: Data Protection Laws in the EU: The difficulties in meeting the challenges posed by global...

This the second of two working papers produced for the "New Challenges to Data Protection" study, commissioned by the European Commission.This paper discusses the difficulties that arise if one tries to apply the main EC Directive on data protection (Directive 95/46/EC) and the data protection...

Governments have recently been looking to deputise ISPs so as to regulate cyberspace more firmly. In particular, they have encouraged ISPs to take actions to address online copyright infringement, the online exchange of images of child abuse and the use of the Internet to promote terrorism....

A stronger legal and regulatory environment, high profile privacy failures, and increasing public concerns build the case for enterprises to take privacy seriously. For those new to the subject, this paper describes the harms that privacy failures can lead to, and the reasons why privacy issues...

This article analyses the feasibility of the adoption of specific, international human rights law-compliant, transatlantic standards on foreign surveillance, in the context of Edward Snowden's revelations of large-scale surveillance programs operated by the US National Security Agency (NSA) and...

In this paper, we explain what more is needed to square the circle of Internet regulation in the broader public interest, for all Internet users, not the fortunate few or the even more fortunate and fewer dominant corporations. We argue for ‘prosumer law’ and give an example of our proposed...

Google and Apple’s smartphone and tablet ‘app’ stores are facing significant antitrust scrutiny in Europe, culminating in enforcement action by the European Commission and specific obligations in the new EU Digital Markets Act. In a field previously dominated by US law and jurisprudence,...