This intensive webinar will make sure you're fully aware of the law relating to the processing and sharing of personal data.
The laws in this area can be confusing. Getting it wrong can have big consequences for your business. Mark Weston will bring you up to date with the latest law and developments, and how they affect best practice. He will explain the differences between data processing and data sharing, as well as looking at the laws and regulations related to managing data breaches and how to navigate your way through them for the best outcome.
Benefits of attending
- Learn about the law and regulation relating to data processing, data sharing and data breaches
- Understand the definition of 'controller', 'processor' and 'joint controller'
- Examine the obligations of the controller and the processor
- Get to grips with the law relating to data breaches
- Clarify the different types of breaches and what they mean
- Get up to date with the reporting requirements under the different applicable laws
Certification:
- CPD: 3 hours for your records
- Certificate of completion
Course Content
Definitions of controller, processor and joint controller and where the lines blur
- Factors the regulator considers that go into the definitions of each in difficult cases
Controller obligations, processor obligations and splitting controller obligations between joint controllers
Application of controller to processor clauses and commercial considerations
Managing data breaches: outline of applicable laws
- Data Protection Act 2018, UK GDPR
- The Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR)
- Communications Act 2003
- The Network and Information Systems Regulations 2018 (NIS Regulations)
- The Regulation of Investigatory Powers Act 2000 (RIPA)
- Investigatory Powers Act 2016
- Computer Misuse Act 1990
- Official Secrets Act 1989
- Governance obligations
- Copyright Designs and Patents Act 1988
- Trade Marks Act 1994 and Forgery and Counterfeiting Act 1981 may also apply alongside the Fraud Act 2006 and Proceeds of Crime Act 2002
- The Malicious Communications Act 1988
Understanding the different data breach types
- Hacking
- Unsolicited penetration testing
- Denial-of-service attacks
- Malware infections
- Phishing
- Distribution, sale or offering for sale (or possession or use) of hardware, software or other tools used to commit cybercrime
- Identity theft and identity fraud
- Criminal issues
- Civil issues
Territorial issues to consider
Reporting requirements under the different applicable laws
Course Provider
Mark Weston ,
Hill Dickinson LLPMark Weston has run his own law firm, Weston Legal, since 1 January 2024. He is also a consultant at Hill Dickinson LLP where he joined in February 2016 as a partner and Head of its Commercial, TMT & IP Practice. Before that, he was a partner and Head of the Commercial/IP/IT Team at Matthew Arnold & Baldwin LLP and before that, he spent several years at Baker & McKenzie in London and Chicago and has also previously been seconded to Hewlett Packard and other technology businesses. He changed role to become a consultant in Hill Dickinson’s London office in January 2024.
Expertise: Mark’s practice covers both non-contentious and contentious matters in all areas of commercial law, intellectual property law, information technology law, Internet, electronic commerce and on-line services law. He specialises in commercial and Tech issues. Mark is used as a ‘trusted adviser’ by many clients in all sorts of businesses and often acts as ‘private practice in-house counsel’ for many clients. He specialises in tech and internet businesses.
Clients: Just some of Mark’s more well-known clients include Elstree Film Studios, RTL Group S.A., Sykes Cottages, Retailcorp Brands LLC, The Gulf Marketing Group, Moneynetint Limited and the BBC.
Some detail: Mark has extensive experience in advising clients on all manner of commercial matters (such as business planning and solutions, franchising, distribution, agency and marketing) through branding and intellectual property exploitation and licensing, to advice and documentation regarding hardware and software issues (such as development, licensing, maintenance and distribution, SaaS and cloud, Internet transactional solutioning, B2B, B2C and B2G electronic commerce, S-commerce and M-Commerce, social media, outsourcing, facilities management, procurement, IT policies, data protection (privacy), GDPR and freedom of information issues as well as artificial intelligence (AI)). He has a particular expertise in new digital business and revenue streams. He is also experienced in dealing with software disputes and IT litigation. The increasingly extensive media side of his practice relates primarily to publishing (both real world and digital content), to games and gaming platforms (and particularly transmedia technologies), advising companies about their advertising onscreen, online and in print and managing their public communications strategies generally (dealing with the CMA and ASA in the process) – and also a smattering of television, film and music exploitation. Recently he has been very active in AI advice.
More unusual:
Mark has previously spent several months on secondment to Hewlett Packard and he has also been seconded to assist in the legal problems arising in new technology companies such as Symbian. From 2000 to 2001, Mark was resident in the Chicago office of Baker & McKenzie advising US clients on European and UK aspects of IT and electronic commerce law and practice.
Mark is the author of the Legal Practice Companion, a parallel text book used at several law schools, the editor of the IP and Media Law Companion as well as the rest of the Companion series of books published by Bloomsbury Professional, Tottels, Cavendish Publishing and Oxford University Press. He has noted numerous reports for the IT Law Reports and is widely published in Computing, Computers & Law, Computer Law & Security Report, IT Law Today, Intellectual Property World, Solicitors Journal and many other journals both online and offline. Mark has also authored articles syndicated in the national and trade press and is regularly quoted in national newspapers and is heard on radio as an expert in his fields. Mark is the author of the Business Names on the Internet chapter in the PLC Ecommerce Manual as well as numerous other articles on various Commercial & IT law topics.
Mark lectures regularly on all Commercial, IP and IT law topics, including at the IBC IT ‘Summer School’ Programme in Cambridge, England; the Falconbury and MBL two-day and three-day Commercial Contracts seminars (run several times a year) and IT Contracts seminars (run three times a year) in London; and he has previously lectured at the Annual On-line & Internet Commerce Law Institute seminar in Chicago and tutored at University College London. He also runs a programme of bespoke training schemes on commercial law, IP law, IT law, AI law and data law as well as soft skills programmes such as negotiation skills and presentation skills.
Finally, you may have seen that Mark likes blogging and writing books, which are available at all good bookshops! He also appears regularly on BBC1 (usually providing advice on-screen to BBC Watchdog) and also on Sky News as a legal commentator, as well as trying to avoid the huge quantity of pink powder the TV make-up girls want to apply to his increasingly receding hairline.
