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Paul Maynard

Paul Maynard is an associate in the technology regulatory group in the London office. He focuses on advising clients on all aspects of UK and European privacy and cybersecurity law relating to complex and innovative technologies such as adtech, cloud computing and online platforms. He also advises clients on how to respond to law enforcement demands, particularly where such demands are made across borders.

Paul advises emerging and established companies in various sectors, including online retail, software and education technology. His practice covers advice on new legislative proposals, for example on e-privacy and cross-border law enforcement access to data; advice on existing but rapidly-changing rules, such the GDPR and cross-border data transfer rules; and on regulatory investigations in cases of alleged non-compliance, including in relation to online advertising and cybersecurity.

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On July 28, 2023, more than five years after the Commission’s original proposal, the EU e-evidence Regulation and Directive were published in the Official Journal of the European Union, signalling the end of the legislative process for this file.

In summary, the Regulation establishes a regime whereby law enforcement authorities (“LEAs”) in one EU Member State will be able to issue legally-binding demands for certain data from certain categories of service providers (namely providers of electronic communications services, domain name and IP registration services, and information society services that enable users to communicate or store data) that are established or have a legal representative in a different EU Member State, or demand such service providers to preserve such data. …

Continue Reading The EU e-evidence package is published in the Official Journal

The UK Government has announced plans to introduce new rules on online advertising for online platforms, intermediaries, and publishers.  The aim is to prevent illegal advertising and to introduce additional protections against harmful online ads for under-18s.  Full details are set out in its recently published response (“Response”) to the Department for Culture, Media & Sport’s 2022 Online Advertising Programme Consultation (“Consultation”). 

The new rules would sit alongside the proposed UK Online Safety Bill (“OSB”), which addresses rules on user-generated content (see our previous blog here).  Since the EU’s Digital Services Act (which starts to apply from February 2024, see our previous blog here) will not apply in the UK following Brexit, the OSB and any new rules following this Response, form the UK’s approach to regulating these matters, as distinct from the EU.…

Continue Reading Further Regulation of Illegal Advertising: UK Government Publishes Response to its Online Advertising Programme Consultation

On February 19, 2021, the European Commission published two draft decisions finding that UK law provides an adequate level of protection for personal data.  The first would allow private companies in the EU to continue to transfer personal data to the UK without the need for any additional safeguards (e.g., the Commission’s standard contractual clauses), while the second would allow EU law enforcement agencies to transfers personal data subject to Directive 2016/680 — the Data Protection and Law Enforcement Directive (LED) — to their UK counterparts.
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Continue Reading European Commission Publishes Draft UK Adequacy Decisions

On February 12, 2020, the UK Home Office and Department for Digital, Culture, Media & Sport published the Government’s Initial Consultation Response (“Response”) to feedback received through a public consultation on its Online Harms White Paper (“OHWP”).  The OHWP, published in April 2019, proposed a comprehensive regulatory regime that would impose a “duty of care” on online services to moderate a wide spectrum of harmful content and activity on their services, including child sexual abuse material, terrorist content, hate crimes, and harassment.

While the Response does not indicate when the Government expects to introduce proposed legislation, it provides clearer direction on a number of aspects of the proposed regulatory framework set out in the OHWP, including:…

Continue Reading UK Government Publishes Initial Consultation Response on the Online Harms White Paper

On February 4, 2020, the United Kingdom’s Centre for Data Ethics and Innovation (“DEI”) published its final report on “online targeting” (the “Report”), examining practices used to monitor a person’s online behaviour and subsequently customize their experience. In October 2018, the UK government appointed the DEI, an expert committee that advises the UK government on how to maximize the benefits of new technologies, to explore how data is used in shaping peoples’ online experiences. The Report sets out its findings and recommendations.
Continue Reading Centre for Data Ethics and Innovation publishes final report on “online targeting”

On December 3, 2019, the EU’s new Commissioner for the Internal Market, Thierry Breton, suggested a change of approach to the proposed e-Privacy Regulation may be necessary.  At a meeting of the Telecoms Council, Breton indicated that the Commission would likely develop a new proposal, following the Council’s rejection of a compromise text on November 27.

The proposed Regulation is intended as a replacement to the existing e-Privacy Directive, which sets out specific rules for traditional telecoms companies, in particular requiring that they keep communications data confidential and free from interference (e.g., preventing wiretapping).  It also sets out rules that apply regardless of whether a company provides telecoms services, including restrictions on unsolicited direct marketing and on accessing or storing information on users’ devices (e.g., through the use of cookies and other tracking technologies).…

Continue Reading New E-Privacy Proposal on the Horizon?