20 November 2025
Knowledge
GDPR
What is the EU ePrivacy Regulation?
The proposed EU Regulation on Privacy and Electronic Communications (also known as the ePrivacy Regulation or ePR) will replace the 2002 ePrivacy Directive (the ‘cookie law’) and all EU member state laws that implement it.
It is not yet known whether the UK’s PECR (Privacy and Electronic Communications (EU Directive) Regulations 2003), which enacts the ePrivacy Directive, will be amended or superseded to bring UK law into line with the ePR.
When will the ePrivacy Regulation take effect?
The European Commission proposed the ePrivacy Regulation in January 2017. It was intended to take effect alongside the EU GDPR (General Data Protection Regulation) on 25 May 2018.
However, the final text is still to be agreed, with the Council of the European Union and the European Parliament disagreeing about a number of issues.
How are the ePrivacy Regulation and GDPR linked?
The ePrivacy Regulation will complement the GDPR’s general rules on personal data processing by providing specific rules governing electronic communications.
As such, the ePrivacy Regulation will take precedent over the GDPR in situations where both laws apply.
Unlike the GDPR, the ePrivacy Regulation does not apply to just personal data. It also affects B2B marketing, for instance.
The scope of the ePrivacy Regulation
The final text of the ePR is yet to be agreed, but the Council’s draft recommends that the Regulation applies to:
Whatever the Regulation’s final wording, it will have the same territorial scope as the GDPR and apply directly in all EU member states as well as having extraterritorial reach to non-EEA organisations that:
EU representatives
Organisations that fall within the ePrivacy Regulation’s scope but are not based in the EU must designate a representative in an EU member state where their end users are based.
Organisations that have already appointed an EU representative to meet their GDPR obligations could appoint the same representative to comply with the ePrivacy Regulation.
What are the main differences between the 2002 ePrivacy Directive/PECR and the proposed ePrivacy Regulation?
The ePrivacy Regulation will expand the 2002 Directive’s scope to cover newer technologies like instant messaging apps and VoIP (Voice over Internet Protocol) platforms, and machine-to-machine communications such as the IoT (Internet of Things).
As the Regulation’s final text is yet to be agreed, it is impossible to provide a detailed commentary on how it differs from the Directive. However, certain areas are worth examining.
Cookies
The ePrivacy Directive was nicknamed ‘the cookie law’. It prompted many organisations to introduce cookie walls and consent mechanisms that prevented end users from accessing websites unless they blindly accepted cookies.
The ePrivacy Regulation is meant to eliminate such issues while still giving people online privacy and protecting the confidentiality of their terminal equipment.
The Commission’s proposal states that cookies used only to process information anonymously should no longer require end-user consent. This should mean fewer cookie walls and banners for end users.
Many other exemptions from consent are retained in the proposal, including cookies necessary for:
Even though there are fewer restrictions about collecting electronic communications data, the ePrivacy Regulation sets out rules about how that data must be stored, protected and erased.
However, in October 2019 the European Court of Justice ruled that users must actively consent to companies storing any cookies on their equipment, irrespective of “whether or not the information stored or accessed on the user’s equipment is personal data”. We should expect to see this reflected in the final draft of the Regulation.
Where consent is required, the GDPR’s standard for consent applies.
Processing electronic communications content and/or metadata
The proposed use of legitimate interests as a lawful basis for processing electronic communications metadata also proves contentious.
On 25 May 2018, the EDPB (European Data Protection Board) released its Statement on the revision of the ePrivacy Regulation and its impact on the protection of individuals with regard to the privacy and confidentiality of their communications, which recommends that:
“User consent should be obtained systematically in a technically viable and enforceable manner before processing electronic communications data or before using the storage or processing capabilities of a user’s terminal equipment. There should be no exceptions to process this data based on the ‘legitimate interest’ of the data controller, or on the general purpose of the performance of a contract.”
Marketing communications
Article 16 of the Commission’s draft states that end users may not be sent direct marketing communications unless they consent.
It then provides several exemptions, including marketing to existing customers. It sets out rules for marketers, including the obligation to reveal their identity and provide the opportunity for recipients to opt out of further marketing communications.
The Council’s latest draft amends Article 16 to refer to ‘unsolicited’ and direct marketing communications and adds the option for member states to set a time limit after which organisations may not send marketing communications to their customers.
Note that, although the GDPR states in Recital 47 that “The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest”, the ePrivacy Regulation, as ‘lex specialis’ to the GDPR’s ‘lex generalis’, will overrule the GDPR, so if the final version requires consent, legitimate interests will not be valid for direct marketing even though the GDPR says they are.
End users will also have the absolute right to object, in which case you must stop marketing to them as soon as possible, but certainly within one month. You must also inform them of that right and the fact that you intend to use their data for direct marketing purposes.
Fines for non-compliance
The ePrivacy Regulation is expected to carry an identical penalty regime to the GDPR, with maximum fines of €20 million (about €17.5 million) or 4% of a non-compliant organisation’s global annual turnover, whichever is greater.
End users who suffer “material or non-material damage” due to infringement of the ePrivacy Regulation also have the right to receive compensation from the infringer.
We will update this page when the final text of the ePrivacy Regulation has been agreed.
Meanwhile, UK organisations should continue to comply with the PECR.
How GRC Solutions can help you comply with the PECR
Understand your level of PECR compliance with our independent PECR Audit service, which assesses:
We will identify areas of non-compliance and deliver a report to help you take remedial action.
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Global Data Breaches and Cyber Attacks in March 2024 – 299,368,075 Records Breached
04 April 2024
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Articles
An Expert Overview of CISM®
04 April 2024
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Articles
The Week in Cyber Security and Data Privacy: 25 – 31 March 2024
02 April 2024
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Articles
The Week in Cyber Security and Data Privacy: 18 – 24 March 2024
25 March 2024
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Articles
The False Economy of Deprioritising Security
20 March 2024
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Articles
The Week in Cyber Security and Data Privacy: 11 – 17 March 2024
18 March 2024
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Articles
ISO 27001:2022 Annex A Controls Explained
13 March 2024
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Articles
The Week in Cyber Security and Data Privacy: 4 – 10 March 2024
11 March 2024
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Articles
Global Data Breaches and Cyber Attacks in February 2024 – 719,366,482 Records Breached
05 March 2024
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Articles
The Week in Cyber Security and Data Privacy: 26 February – 3 March 2024
05 March 2024
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Articles
The Week in Cyber Security and Data Privacy: 19 – 25 February 2024
27 February 2024
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Knowledge
Ashley Brett on Cyber Essentials Solutions
21 February 2024
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Articles
The Week in Cyber Security and Data Privacy: 12 – 18 February 2024
21 February 2024
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Articles
Maintaining GDPR and Data Privacy Compliance in 2024
16 February 2024
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Articles
Sophie Sayer on the IT Governance Partner Programme
14 February 2024
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Articles
The Week in Cyber Security and Data Privacy: 5 – 11 February 2024
14 February 2024
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Articles
Your CVSS Questions Answered
09 February 2024
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Articles
Elearning Staff Awareness Course Overview: Ransomware
07 February 2024
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Articles
The Week in Cyber Security and Data Privacy: 29 January – 4 February 2024
06 February 2024
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Articles
Global Data Breaches and Cyber Attacks in January 2024 – 29,530,829,012 Records Breached
05 February 2024
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Articles
Expert Insight: Vanessa Horton on Anti-Forensics
02 February 2024
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Articles
The Week in Cyber Security and Data Privacy: 22 – 28 January 2024
30 January 2024
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Articles
‘Mother of All Breaches’: 26 BILLION Records Leaked
24 January 2024
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Articles
The Week in Cyber Security and Data Privacy: 15 – 21 January 2024
23 January 2024
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Articles
The Week in Cyber Security and Data Privacy: 8 – 14 January 2024
16 January 2024
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Articles
The Week in Cyber Security and Data Privacy: 1 – 7 January 2024
09 January 2024
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Articles
List of Data Breaches and Cyber Attacks in 2023 – 8,214,886,660 records breached
05 January 2024
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Articles
Global Data Breaches and Cyber Attacks in December 2023 – 2,241,916,765 Records Breached
05 January 2024
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Articles
Expert Insight: Adam Seamons on Zero-Trust Architecture
05 January 2024
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Articles
The Weeks in Cyber Security and Data Privacy: 18 – 31 December 2023
04 January 2024
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Articles
The Third-Party Threat for Financial Organisations
22 December 2023
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Knowledge
Sam McNicholls-Novoa on CyberComply
20 December 2023
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Articles
The Week in Cyber Security and Data Privacy: 11 – 17 December 2023
19 December 2023
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Articles
The Week in Cyber Security and Data Privacy: 4 – 10 December 2023
11 December 2023
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Articles
Data Breaches and Cyber Attacks in November 2023 – 519,111,354 Records Breached
05 December 2023
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Articles
The Week in Cyber Security and Data Privacy: 27 November – 3 December 2023
05 December 2023
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Articles
Expert Insight: Cliff Martin
28 November 2023
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Articles
The Week in Cyber Security and Data Privacy: 20 – 26 November 2023
28 November 2023
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Articles
Alan Calder on Cyber Resilience
24 November 2023
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Articles
Risk Management under the DORA Regulation
23 November 2023
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Articles
The Week in Cyber Security and Data Privacy: 13 – 19 November 2023
20 November 2023
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Articles
Catches of the Month: Phishing Scams for November 2023
17 November 2023
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Articles
The Week in Cyber Security and Data Privacy: 6 – 12 November 2023
13 November 2023
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Articles
The Week in Cyber Security and Data Privacy: 30 October – 5 November 2023
06 November 2023
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Articles
Expert Insight: Andrew Snow
06 November 2023
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Articles
Data Breaches and Cyber Attacks in October 2023 – 867,072,315 Records Breached
03 November 2023
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Articles
The Week in Cyber Security and Data Privacy: 23 – 29 October 2023
31 October 2023
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Articles
Expert Insight: Stephen Hancock on SAQ SPoC
30 October 2023
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Articles
The Week in Cyber Security and Data Privacy: 16 – 22 October 2023
24 October 2023
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Articles
IT Governance Podcast 20.10.23: Casio, Cisco, MOVEit (again) and the ICC
23 October 2023
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Articles
Catches of the Month: Phishing Scams for October 2023
13 October 2023
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Articles
IT Governance Podcast 6.10.23: TikTok, Sony and MOVEit and DarkBeam
06 October 2023
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Articles
List of Data Breaches and Cyber Attacks in September 2023 – 3,808,687,191 Breached Records
05 October 2023
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Articles
Royal Family’s Website Targeted by Denial-of-Service Attack
02 October 2023
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Articles
IT Governance Podcast 22.09.23: MGM Resorts, Microsoft Azure, International Criminal Court
22 September 2023
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Articles
MGM Resorts suffers ransomware infection following social engineering attack
18 September 2023
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Articles
Catches of the Month: Phishing Scams for September 2023
15 September 2023
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Articles
IT Governance Podcast 08.09.23: Electoral Commission (again), Meta, Pôle emploi
07 September 2023
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Articles
List of Data Breaches and Cyber Attacks in August 2023 – 79,729,271 Records Breached
06 September 2023
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Articles
IT Governance Podcast 25.8.23: Tesla, Duolingo, Lapsus$ trial
24 August 2023
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Articles
IT Governance Podcast 11.8.23: Electoral Commission, PSNI, Capita
10 August 2023
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Articles
Catches of the Month: Phishing Scams for August 2023
07 August 2023
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Articles
What is Vishing? Definition, Examples and Prevention
03 August 2023
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Articles
List of Data Breaches and Cyber Attacks in July 2023 – 146 Million Records Breached
01 August 2023
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Articles
What is Tailgating? Definition, Examples & Prevention
27 July 2023
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Articles
Norwegian Government Hit by Widespread Cyber Attack
24 July 2023
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Articles
What is Smishing? Definition, Examples and Prevention
19 July 2023
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Articles
IT Governance Podcast 14.7.23: EU-US DPF, UK-US data bridge, MOVEit patches and other security fixes
13 July 2023
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Articles
Red Team vs Blue Team: What’s the Difference?
13 July 2023
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Articles
Data Breaches and Cyber Attacks Quarterly Review: Q2 2023
11 July 2023
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Articles
Catches of the Month: Phishing Scams for July 2023
06 July 2023
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Articles
List of Data Breaches and Cyber Attacks – June 2023
04 July 2023
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Articles
IT Governance Podcast 30.6.23: ChatGPT, LetMeSpy and MS Teams, plus Alan Calder on cyber security
29 June 2023
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Articles
Phone-Tracking App LetMeSpy Says It Has Been Hacked
29 June 2023
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Articles
How to Recover From a Cyber Attack
27 June 2023
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Articles
100,000 ChatGPT Accounts Hacked in Malware Attack
22 June 2023
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Articles
10 Ways to Prevent Phishing Attacks in 2023
21 June 2023
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Articles
IT Governance Podcast 16.6.23: MOVEit, LinkedIn, Spotify and Google Bard
15 June 2023
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Articles
Ofcom Becomes the Latest Victim of MOVEit Supply Chain Attack
15 June 2023
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Articles
API Penetration Testing Checklist
13 June 2023
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Articles
51 Must-Know Phishing Statistics for 2023
08 June 2023
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Articles
Catches of the Month: Phishing Scams for June 2023
06 June 2023
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Articles
IT Governance Podcast 2.6.23: Capita, NHS, Meta, GDPR, DPDI Bill and Alan Calder on cyber regtech
01 June 2023
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Articles
List of Data Breaches and Cyber Attacks – May 2023
01 June 2023
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Articles
What is a DoS Attack?
31 May 2023
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Knowledge
GDPR Article 32: Your Guide to the Requirements
23 May 2023
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Articles
IT Governance Podcast 19.5.23: A Capita special, featuring pension providers, Colchester City Council and Alan Calder’s analysis
18 May 2023
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Articles
What Is a Brute Force Attack? Definition, Prevention and Examples
17 May 2023
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Articles
Eurovision Organisers Concerned About the Threat of Cyber Attacks
11 May 2023
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Knowledge
Cyber Essentials Pricing in 2023: What You Need to Know
10 May 2023
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Articles
Catches of the Month: Phishing Scams for May 2023
10 May 2023
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Articles
IT Governance Podcast 5.5.23: ChatGPT, LockBit, T-Mobile and Alan Calder on cyber security for boards
04 May 2023
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Articles
List of Data Breaches and Cyber Attacks in April 2023 – 4.3 Million Records Breached
02 May 2023
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Articles
World Economic Forum: Organisations Must Invest in Security as ‘Catastrophic Cyber Event’ Looms
27 April 2023
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Articles
IT Governance Podcast 21.4.23: Capita, Chrome, LockBit for Macs and Alan Calder on cyber security
20 April 2023
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Articles
Capita Admits That Its ‘Cyber Incident’ Was Ransomware and That Customer Data Was Breached
20 April 2023
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Articles
What Is Data Minimisation? Definition & Examples
18 April 2023
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Articles
Data Breaches and Cyber Attacks Quarterly Review: Q1 2023
13 April 2023
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Articles
April 2023’s Catch of the Month: Uncovering Phishing Scams
11 April 2023
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Articles
IT Governance Podcast 2023-7: Capita, ChatGPT and TikTok (yet again)
05 April 2023
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Articles
How to Prevent Malware Attacks: 8 Tips for 2023
05 April 2023
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Articles
List of Data Breaches and Cyber Attacks in March 2023 – 41.9 Million Records Breached
03 April 2023
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Knowledge
GDPR Article 17: What Is the Right to Erasure?
30 March 2023
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Articles
Data Backups Are for Life, Not Just for World Backup Day
28 March 2023
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Articles
IT Governance Podcast 2023-6: Ferrari, Dole, TikTok (again), Android
23 March 2023
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Articles
TikTok Banned on UK Government Devices
16 March 2023
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Articles
3 reasons cyber security training is essential
09 March 2023
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Articles
IT Governance Podcast 2023-5: WH Smith, the Data Protection and Digital Information Bill, TikTok
09 March 2023
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Articles
Catches of the Month: Phishing Scams for March 2023
07 March 2023
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Knowledge
Cyber Essentials is Updating its Technical Requirements
02 March 2023
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Articles
List of Data Breaches and Cyber Attacks in February 2023 – 29.5 Million Records Breached
01 March 2023
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Articles
IT Governance Podcast 2023-4: EU-US Data Privacy Framework, Twitter 2FA, GoDaddy, HardBit 2.0
23 February 2023
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Articles
Twitter’s Security Move: Charging Users for SMS Two-Factor Authentication
23 February 2023
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Articles
Is Pepsi Okay? Bottling Plant Suffers Malware Attack
16 February 2023
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Articles
IT Governance Podcast 2023-3: Bank security flaws ranked, ION ransom paid, MP hacked
09 February 2023
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Articles
Phishing Alert: February 2023’s Notable Scams
07 February 2023
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Articles
How to Investigate a Cyber Incident: 5-Step Guide
02 February 2023
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Articles
List of Data Breaches and Cyber Attacks in January 2023 – 277.6 Million Records Breached
01 February 2023
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Articles
IT Governance Podcast 2023-2: Mailchimp, fast food, T-Mobile, ice rinks, iOS update and ISO 27001
26 January 2023
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Articles
What Are You Doing for Data Protection Day?
25 January 2023
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Articles
NortonLifeLock Says Customer Accounts were Compromised in Credential-Stuffing Attack
19 January 2023
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Articles
7 Ways to Avoid Physical Security Threats in the Workplace
17 January 2023
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Articles
IT Governance Podcast 2023-1: more ransomware attacks on the education sector, and DPC and Meta sued
13 January 2023
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Articles
Catches of the Month: Phishing Scams for January 2023
12 January 2023
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Articles
Data Breaches and Cyber Attacks in 2022: 480 Million Breached Records
10 January 2023
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Articles
Criminal Hackers Leak Email Addresses of 220 Million Twitter Users
05 January 2023
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Articles
List of data breaches and cyber attacks in December 2022 – 31.5 million records breached
03 January 2023
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White Papers
GDPR – A compliance guide
17 August 2021
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