Malcolm Dowden is a member of the firm’s Data Privacy, Cybersecurity & Digital Assets Practice. Malcolm has more than 25 years’ experience advising UK and international clients on a wide range of technology, data protection, privacy and electronic communications issues.

Malcolm has a particular focus on planning and implementing cross-border data and privacy law compliance strategies. His experience covers EU GDPR, UK GDPR and (through liaison with local counsel) Dubai International Financial Centre (DIFC), Abu Dhabi Global Market (ADGM), Singapore, Kenya, South Africa and India. He also regularly advises businesses and government bodies on the contractual, technical and organisational measures required to support international transfers of personal data following the European Court of Justice (ECJ) ruling in Schrems II.

Internationally, Malcolm has designed and presented data protection and privacy law workshops for clients operating in Southeast Asia, the GCC region and Africa. His data protection and privacy compliance courses have been accredited by bodies including the Singapore Institute for Legal Education (SILE) and the Bar Councils of Hong Kong and Malaysia. Sessions conducted in the US for the Association of Corporate Counsel have focused on the interaction of GDPR, CCPA, HIPAA and recently enacted US state laws, including Virginia and Colorado.

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  • Advising UK government departments and public authorities on data protection and privacy issues relating to COVID-19 “test and trace” systems and vaccination status surveys.
  • Advising retail sector clients on issues relating to direct marketing and the Privacy of Electronic Communications Regulations.
  • Advising UK government departments on electronic communications code and contractual issues relating to rural broadband and emergency services networks.
  • Drafting and securing regulatory approval for a Client Agreement and Multilateral Trading Facility Rulebook for one of the first Accepted Virtual Asset (cryptocurrency) exchanges in Abu Dhabi Global Market (ADGM).
  • Collaborating with external AI/technology integration developers to create and refine a series of data compliance, contract analysis and contractual risk management services.

Education

  • Nottingham Law School, Law Society Final Examination, 1992
  • University of Reading, PGCE, 1987
  • University of Oxford (Hertford College), M.A., 1986

Admissions

  • England and Wales, 1994

Memberships & Affiliations

  • Visiting Fellow at the Centre for Information Rights and Associate Lecturer in Law, University of Winchester
  • Alumni Fellow, Nottingham Law School
  • Education Board Member and Honorary Professor of Law, Indore Institute of Law, Madhya Pradesh

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  • Speaker, “Contractual risk management and ‘smart’, ‘data-driven’ or ‘connected’ contracts”, African Corporate and Government Counsel conference, December 2021.
  • Speaker, “Blockchain, distributed ledger and smart contracts”, Thomson Reuters/Asian Legal Business Masterclass webinar, August 2021.
  • Speaker, “Transfers of personal data to the US and Schrems II”, TrustBridge/Arena for Data Protection Professionals webinar, July 2020.
  • Speaker, “Data protection, privacy and ‘track and trace’ apps”, London Blockchain Foundation webinar, July 2020.
  • Speaker, “Responding to Covid-19: Data protection, privacy and online working”, Thomson Reuters/Asian Legal Business webinar, May 2020.
  • Speaker, “Technology and the Future of Legal Practice”, Indore Institute of Law webinar, April 2020.
  • Speaker, “How can municipal authorities monetize data?” Chicago Smart Cities Symposium, January 2020.
  • Author, chapter on regulation of Artificial Intelligence in the EU, “The Law of Artificial Intelligence and Smart Machines”, American Bar Association (ABA), 2019.
  • Speaker, “Making sense of cryptocurrencies and crypto-assets”, Hertford College, University of Oxford, August 2018.
  • Speaker, “The barriers to making cities smart”, Digital Policy Alliance seminar, June 2018.

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