Thursday 23 December 2021

The GDPR is not just for Christmas…but we have a new Information Commissioner

 

The GDPR is not just for Christmas…but we have a new Information Commissioner

“Unlike planning for the Y2K deadline, GDPR preparation doesn’t end on 25 May 2018 – it requires ongoing effort”.

And so quipped the then Information Commissioner Elizabeth Denham in her 2017 blog at:  https://iconewsblog.org.uk/2017/12/22/gdpr-is-not-y2k/

Its now ‘all change’ at the helm of the ICO.

The Department for Digital, Culture, Media and Sport has confirmed that Mr John Edwards has been appointed the UK's new Information Commissioner by Letters Patent.  His five-year term of office will begin on 3 January 2022.

Mr Edwards brings wide experience in information rights law.  He was formerly New Zealand’s Privacy Commissioner.  He also has broad data regulatory experience, as a Privacy Commissioner and also from 20 years in legal practice.

Under the Data Protection Act 2018 (DPA 2018), the Information Commissioner is appointed by Her Majesty the Queen by Letters Patent on the basis of fair and open competition and on the recommendation of ministers.

Mr Edwards’ appointment was approved by the Digital, Culture, Media and Sport Select Committee after a pre-appointment hearing on 9 September 2021.

The role and powers of the Information Commissioner are set out in the UK GDPR and the DPA 2018.  In September 2021, the government announced plans for wide reforms to the UK's data protection regime, including the Information Commissioner's Office.

https://www.gov.uk/government/news/john-edwards-is-confirmed-as-the-new-information-commissioner

“Unlike planning for the Y2K deadline, GDPR preparation doesn’t end on 25 May 2018 – it requires ongoing effort”.

And so quipped the then Information Commissioner Elizabeth Denham in her 2017 blog at:  https://iconewsblog.org.uk/2017/12/22/gdpr-is-not-y2k/

Its now ‘all change’ at the helm of the ICO.

The Department for Digital, Culture, Media and Sport has confirmed that Mr John Edwards has been appointed the UK's new Information Commissioner by Letters Patent.  His five-year term of office will begin on 3 January 2022.

Mr Edwards brings wide experience in information rights law.  He was formerly New Zealand’s Privacy Commissioner.  He also has broad data regulatory experience, as a Privacy Commissioner and also from 20 years in legal practice.

Under the Data Protection Act 2018 (DPA 2018), the Information Commissioner is appointed by Her Majesty the Queen by Letters Patent on the basis of fair and open competition and on the recommendation of ministers.

Mr Edwards’ appointment was approved by the Digital, Culture, Media and Sport Select Committee after a pre-appointment hearing on 9 September 2021.

The role and powers of the Information Commissioner are set out in the UK GDPR and the DPA 2018.  In September 2021, the government announced plans for wide reforms to the UK's data protection regime, including the Information Commissioner's Office.

https://www.gov.uk/government/news/john-edwards-is-confirmed-as-the-new-information-commissioner

Friday 17 December 2021

CMA sends statement of objections to online retailer over suspected resale price maintenance

 

 

CMA sends statement of objections to online retailer over suspected resale price maintenance

The Competition and Markets Authority (CMA) has sent a statement of objections to Dar Lighting Limited (Dar) alleging breach of Chapter I of the Competition Act.  It suspects that Dar has prevented retailers from discounting the prices of domestic lighting products produced by Dar and supplied online between 2017 and 2019.

The CMA did not send its SO particular retailers.  In this case it has used Rule 5(3) of the Competition Act Rules, which allows it to address a proposed infringement decision to fewer than all the persons who are or were party to the relevant agreements.

This is not the first time that the CMA has targeted resale price maintenance in the lighting product sector.  In 2017, the CMA fined the National Lighting Company £2.7 million for resale price maintenance.  In that investigation the CMA issued warnings letters to other suppliers in the sector.

https://www.gov.uk/cma-cases/domestic-lighting-suspected-anti-competitive-practices-concerning-resale-price-maintenance

Wednesday 1 December 2021

CMA orders Facebook to sell Giphy

 

CMA orders Facebook to sell Giphy

 

The CMA has published its final report on its in-depth inquiry into the completed acquisition by Facebook, Inc (now Meta Platforms, Inc ) of Giphy, Inc.

The CMA has confirmed its provisional finding that a full divestment of Giphy is the only solution to the substantial lessening of competition it has identified.

Facebook is by far the largest provider of social media and messaging services in the UK. Giphy is the world's leading provider of free GIFs.

Given the multi-sided nature of the relevant markets, the CMA raised competition concerns in social media and in display advertising arising from the elimination of a potential competitor.

Prior to the CMA’s intervention, there had already been a high degree of integration.  Facebook is being required to restore certain Giphy activities to ensure that it will have the necessary management and technical assets to enable it to be an effective competitor, post-divestment to a purchaser to be approved by the CMA.

This is the first time that the CMA has prohibited outright a merger by a Big Tech firm

 

https://www.gov.uk/government/news/cma-directs-facebook-to-sell-giphy