Top Developments To Look Out For In 2022 In Intellectual Property, Information Technology And Data Protection

Published date10 February 2022
Law FirmMayer Brown
AuthorMr Mark Prinsley, Oliver Yaros, Dr. Ulrich Worm, Christoph J. Crützen, Ana Hadnes Bruder, Valerie Vanryckeghem, Reece Randall, Ondrej Hajda and Ellen Hepworth

Other Author Kahroba Kojouri, Trainee Solicitor

  1. The adoption of the UK Online Safety Billby the UK. The UK Online Safety Bill was proposed by the UK government to establish a new regulatory framework to tackle harmful content online and usher in a new age of accountability for tech companies. The bill will impose a duty of care on companies that offer user-generated content, in addition to search engines, to protect users from abuse, fraud and violence.
  2. The adoption of the Digital Markets Actand the Digital Services Act by the EU, aimed at encouraging competition and innovation between digital platforms and creating a safer digital space where the fundamental rights of users are protected.
  3. The arrival of new instruments that will replace the Standard Contractual Clauses (SCCs) for restricted transfers made from the UK. In August 2021, the ICO launched a public consultation proposing the adoption of the International Data Transfer Agreement (IDTA), and a new UK transfer risk assessment (TRA) for such transfers. We expect the IDTA and its associated documents to be finalised in the first half of 2022.
  4. The adoption of new adequacy decisions by the UK and the EU. In the UK Government's Consultation for data protection reforms, the UK Government indicated its intention to progress an ambitious programme of adequacy assessments. The list of top priority countries and otherwise for adequacy for the UK include the following: Australia, Brazil, Colombia, The Dubai International Financial Centre, India, Indonesia, Kenya, The Republic of Korea Singapore and The United States of America. The EU Commission is also actively exploring adequacy with respect to other states, in particular, countries in Asia and Latin America.
  5. Whilst the EU-US Privacy Shield was struck down by the Court of Justice of the European Union in the "Schrems II" decision in July 2020, negotiations between EU and US officials have been ongoing to secure a new arrangement for safe transatlantic data flows. Reports indicate that negotiations have progressed quickly and significant progress has been made towards reaching an agreement.
  6. Following its departure from the EU, the UK Government is intent on reforming the UK's data protection and privacy regime to deviate from the more stringent requirements of the GDPR to drive growth and innovation in the UK. The UK Government is now analysing the feedback it received from its consultationwhich outlined its proposals for such reforms. We expect that the...

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