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After a consultation period, the ICO is preparing to release guidance offering deeper clarity on how it works out penalties – to a degree, according to Claudia Berg, ICO general counsel, speaking at the ‘IAPP Data Protection Intensive: UK 2024’ in London on 28–29 February 2024. ‘People need to grasp, and to some extent anticipate, what the likely penalty will be if you do break the law,’ Berg said, adding that monetary sanctions are ‘one tool in the toolbox.’ Steps, buckets, traffic lights The updated approach will use five stages. First comes a ‘traffic light’ grading into ‘three buckets’ of seriousness, Berg explained. Subsequent stages consider both aggravating and mitigating elements. These will inform any potential fine to be imposed...
CASE HUB ARCHIVED — this archived case hub reflects the position at the date of the decision of 17 March 2020; it is no longer maintained. See further, timeline and commentary Case facts Outline UK merger inquiry into the completed purchase by Bottomline of Experian’s EPG business and associated assets. The deal featured horizontal overlaps within markets for payment software. Latest developments On 17 March 2020, the CMA published its final report, concluding that the transaction had not resulted in, and was not expected to result in, an SLC in payment software markets. Consequently, the CMA cleared the acquisition without conditions. Parties Bottomline Technologies, (de) Inc (Bottomline), a US-based provider, delivers electronic payment, invoice, and document automation solutions primarily across the US, Europe, and the Asia-Pacific. Experian Limited (Experian) forms part of a group whose parent company, Experian plc, is listed on the London Stock Exchange. Experian plc is a multinational consumer credit reporting company; it collects and aggregates data...
CASE HUB ARCHIVED This archived case hub records the position as at the abandonment date of 27 February 2019; it is no longer being updated. For more detail, see the timeline and commentary. Case facts Outline of the UK merger inquiry into the proposed purchase by Experian Limited of Credit Laser Holdings Limited (ClearScore). The deal featured horizontal overlaps in UK markets for credit-score checking and related services. Latest developments On 27 February 2019, the parties withdrew from the deal. On that same day, the CMA revoked the merger reference. Parties Experian is a group headquartered in Ireland (listed on the London Stock Exchange) and is the world’s foremost information services company. Experian operates across 37 countries. Credit Laser Holdings (ClearScore) is a UK-based business that offers free credit score checks to UK consumers. Market(s) The CMA assessed the markets for the supply of: (a) CCPs for loans and credit cards in the UK; (b) CCTs in the UK; and (c)...