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03 September 2021 / Dean Armstrong KC , Paul Schwartfeger
Issue: 7946 / Categories: Features , Cyber
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Blockchain: the right to be forgotten (or not)

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Dean Armstrong QC & Paul Schwartfeger, 36 Commercial, consider how organisations can & should respond to erasure requests on blockchain
  • The right to erasure under Article 17 under the UK GDPR is not absolute and specialist lawyers ought to be involved in blockchain projects from their outset, to assess their suitability for compliance.

Now that the UK has left the EU and the transition period has ended, the provisions of the EU General Data Protection Regulation (GDPR) no longer strictly apply to the UK, albeit the Regulation’s extraterritorial reach continues to affect those offering goods or services to data subjects in the EU. Even for those who only serve individuals in the UK, however, the Regulation’s effects continue to be felt, as its provisions have been incorporated into domestic law as the ‘UK GDPR’.

Practically speaking, the core data principles, rights and obligations remain largely unchanged as a result of this regulatory switch, and as such this article makes no distinction in its analysis

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NEWS
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NLJ this week: Tightening the screws on JCT terminations
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
NLJ this week: Old rules, fresh warnings in employment law
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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