How is Data Privacy Evolving in the London Legal Market?

Tito Ayantunde

January 23, 2024

In the last few years, certain practice areas have emerged as critical pillars of the modern legal world. Data privacy is undoubtedly one of these, and, in the bustling legal hub of London, it holds an increasingly prominent role. As lawyers, understanding the intricacies of data privacy has become not only essential but also a promising avenue for law firms to capitalise on.

Lawyers in London play a pivotal role in advising both public and private sector clients on a wide range of data privacy issues. From compliance with GDPR, to data breach response and cross-border data transfers, the scope of data privacy work in London is extensive and continually evolving.

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London's prominence in the field of data privacy is driven by several factors:

International Business Hub: As one of the world's leading financial and commercial centres, London attracts multinational corporations. These entities are required to navigate a complex web of data protection laws, and London-based lawyers are instrumental in providing them with sound advice and strategies.
Regulatory Environment: The UK's Information Commissioner's Office (ICO) is the leading regulatory authority overseeing data protection and privacy. Lawyers in London have unique access to the ICO and are well-versed in engaging with its regulatory processes and guidance, making them invaluable assets to clients.
Litigation and Enforcement: London has also become a hub for data privacy litigation and enforcement actions. Lawyers specialising in data privacy often find themselves representing clients in high-profile cases and negotiating with regulatory authorities, further solidifying their expertise in the field.

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Demand for talent in Data Privacy

Key advisory sectors, including Cybersecurity and Data Privacy, have remained active amidst a backdrop of reduced associate moves in 2023 when compared to 2022. Due to market conditions firms did not adopt aggressive hiring strategies; rather, they have been conducting lengthy recruitment processes to onboard precisely the right talent, despite data privacy teams being very busy. As we move further into 2024, more and more live roles are coming to market, as firms look to not only keep up with demand but grow their services.

Partner moves within Data Privacy have continuously increased in the past three years. In 2023 partner moves increased by over 40%, which marks a significant uptick in investment into this area, and preparation for an increase in workload this year.

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What is currently driving the demand for legal work in Data Privacy?

Artificial Intelligence – The increased usage of generative AI is being examined by the ICO to see how data protection should apply to the development and use of the technology. With the EU AI Act and the UK AI regulation white paper, new litigation cases have raised globally regarding matters such as: Can AI be considered an author/artist, and can it commit to copyright?

Felicity Harber, who represented herself in court, was found to have used nine fake cases that a generative AI software gave her, and case was rejected due to inaccurate material. While this isn't the first time AI has been used in court, it does pose the question of what should be done in such cases.

International Data Transfer – Efforts on regulations for transferring data outside of the UK, particularly for global companies, continue to increase. In 2023, an agreement was reached between UK and US for a data bridge allowing the free flow of personal data.

Data Privacy Concerns – Litigation matters within GDPR and PECR continue to rise as data transparency and confidentiality issues continue to arise, with the most common cases are personal data breaches/misuse.

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Data privacy teams are busy. Many clients of law firms simply cannot escape the updates to legislation, increased scrutiny of the use of personal data, and the ever-changing technological landscape. As a result, many firms spent the end of 2023 building their teams at the senior level to service the growing needs of their clients. 2024 is already promising to be a busy year for the practice and I see no signs of things slowing down.” - Tito Ayantunde, London Consultant

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