Monthly Archives: July 2017

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House of Lords publishes report on Brexit and the EU Data Protection Package

The House of Lords EU Home Affairs Sub-Committee (“the Committee”) has published a report on the EU Data Protection Package and the impact of Brexit (“the Report”). The Report considers the implications of the UK’s exit from the EU for cross-border data transfers, and for UK data protection policy more generally. The Report looks at … Continue Reading

CJEU has released Opinion on EU-Canada Passenger Name Record Agreement – What it means for international data transfer mechanisms

In the Opinion 1/15 of 26 July 2017 (“Opinion”), the Court of Justice of the European Union (“CJEU”) held that the proposed agreement between the EU and Canada on the transfer and processing of Passenger Name Record (“PNR”) data may not be concluded in its current form. The Opinion is available here. The CJEU said that … Continue Reading

House of Commons publishes briefing paper on Brexit and data protection

The House of Commons Library, which aims to provide impartial research and analysis to MPs and their staff, has published a briefing paper on the impact of Brexit on data protection law in the UK (“the Paper”). The Paper summarises the background to EU data protection law and notes that inconsistent implementation of the Data … Continue Reading

Article 29 Working Party releases detailed opinion on data processing in the workplace

The Article 29 Working Party (“WP29”) recently published an opinion on data processing at work (“Opinion”). The Opinion restates the position and conclusions in WP29’s 2001 Opinion on processing personal data in the employment context (WP48), and its 2002 WP55 Working Document on the surveillance of electronic communications in the workplace. However, it addresses the … Continue Reading

EU Regulation on cross-border portability of online content services in force

After publication in the Official Journal of the European Union, Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market (‘Regulation’) enters into force 20 July 2017, and will become enforceable 20 March 2018. The Regulation focusses on seamless access … Continue Reading

Bavarian DPA has released GDPR implementation audit questionnaire

The Bavarian Data Protection Authority (“Bavarian DPA”) has published an English-language version of a GDPR implementation audit questionnaire (“Questionnaire”). The Questionnaire is available here. The Questionnaire has been previously released in German. Content of the Questionnaire The Questionnaire includes questions on six topics: Structure and responsibility in the company • For example, is there awareness … Continue Reading

Let’s Talk about Data Ownership

Data: The new oil. Does anyone own this asset? If no, does the digital economy call for the creation of a right to data? Reed Smith IP partner Anette Gärtner co-authored an in-depth analysis titled “Let’s Talk about Data Ownership,” published in the current issue of the European Intellectual Property Review. The analysis focuses on … Continue Reading

ICO publishes International Strategy

The Information Commissioner’s Office (“ICO”) has released its International Strategy 2017-2021  (“Strategy”). The Strategy supports its Information Rights Strategic Plan, which we reported on earlier this year. The first part of the Strategy refers to the challenges and priorities for the next five years, particularly in light of changes brought about by the General Data … Continue Reading

Subject access requests: ICO publishes updated guidance

The Information Commissioner’s Office (ICO) has published an updated data subject access code of practice (the Code) to reflect developments following two major Court of Appeal judgments published in early 2017: Dawson-Damer and others v Taylor Wessing LLP [2017] EWCA Civ 74 and Ittihadieh v 5-11 Cheyne Gardens RTM Company Ltd and Others [2017] EWCA Civ 121. … Continue Reading