News & Insights

The GDPR’s Second Birthday: Three Cheers But No Presents

The GDPR has just celebrated its second birthday and, to mark the occasion, the European Commission (‘EC’) has published an assessment of its effectiveness so far. While praising the ground-breaking data protection leviathan for what it has achieved to date, the EC has admitted that more needs to be done, particularly in the field of enforcement, if it is to create a genuinely level playing field for personal data rights across Europe and beyond.

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Justice Committee launches inquiry into fairness of private prosecutions

The House of Commons Justice Committee has announced that it is to launch an inquiry into whether there are enough safeguards in place to prevent miscarriages of justice in private prosecutions.  BCL’s Anoushka Warlow discusses how the inquiry will focus on cases brought by large organisations against individuals where the organisation is also the alleged victim of the offence.

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Emerging from COVID-19: an opportunity for prosecutors?

Criminal lawyers are always asked by their clients how long they think an investigation or prosecution into allegedly serious offending will take. Even before the outbreak of COVID-19, in a justice system crippled by budget cuts and beset with inefficiencies, the answer would nearly always be measured in years.

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CMA: Pandemic Profiteering – take aim then hesitate

The initial shockwaves of the COVID-19 pandemic, declared in March, prompted authorities across Europe and in America to take urgent steps to protect consumers. Such measures included cracking down on anti-competitive behaviour and temporarily relaxing rules which might otherwise be detrimental to the public interest. Two months on, as countries around the world cautiously ease ‘lockdown’ measures, disturbing stories continue to emerge of competition law abuse, including profiteering on essential products, highlighting significant gaps in existing regulatory powers. While some countries have introduced tough temporary powers, the UK now seems to be hesitating.

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Just because it’s business crime doesn’t mean a press free for all: a suspect’s ‘Cliff Richard’ privacy rights confirmed

On 15 May 2020, the Court of Appeal handed down its decision in the case of ZXC v Bloomberg, upholding the decision of Mr Justice Nicklin that an article referencing a business crime investigation into the Claimant before charge represented a misuse of this private information, continuing the approach seen in Cliff Richard v BBC. The judgment provides further clarity on two key points:

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