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15 December 2017 / David White , Tom Morrison
Issue: 7774 / Categories: Features , Data protection
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Mind the GDPR (Pt 2)

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In the second of a series of articles, Rollits LLP consider the role of data protection officers & the issues surrounding obtaining valid consent

 

  • What the appointment of a data protection officer means in practice.
  • When is it appropriate to rely on consent as a lawful basis for processing personal data?

In the first part in this series on the General Data Protection Regulation (GDPR), we considered why current data protection legislation needed updating and provided an overview of the key provisions under the GDPR (see ‘Mind the GDPR’, NLJ , 22 September 2017, p 8). Our focus now turns to two key action points organisations will need to consider early on in their preparations for the GDPR: (1) the appointment of a Data Protection Officer (DPO) and what that means in practice; and (2) when it is appropriate to rely on consent as a lawful basis for processing personal data.

Appointment of a DPO

Under the GDPR, both controllers and processors are under an obligation to appoint a DPO where:

  • the processing is carried
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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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