Archives: Privacy & Data Protection

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German DPA releases findings of GDPR readiness audits of 50 organizations

The Lower Saxony Data Protection Authority (Lower Saxony DPA) has audited 50 large and medium-sized organizations on their implementation of the requirements of the GDPR since June 2018. On November 5, 2019, the Lower Saxony DPA released a report summarizing its findings (Report; available in German here). Summary of findings in the Report We previously reported … Continue Reading

New requirements for Singapore banks to include provisions in service contracts on protection of customer data

On 4 November 2019, Singapore’s Parliament published a draft amendment to the Banking Act. Under the amendment, all banks will be required to evaluate the ability of their service providers (whether these be a branch or office, or an external party) to: (a) safeguard the confidentiality and integrity, and ensure the availability, of the banks’ … Continue Reading

Updated draft of ePrivacy Regulation – Finnish presidency of the Council of the EU aims for final text by the end of the year

The Finnish presidency of the Council of the EU (Finnish Presidency) released an updated draft of the Regulation on Privacy and Electronic Communications (ePrivacy Regulation) on October 30, 2019 (available here). The Working Party on Telecommunications and Information Society (WP TELE) will discuss the new draft at its meeting on November 7, 2019. Amendments put … Continue Reading

AI Auditing Framework: data protection impact assessment

In March 2019, the Information Commissioner’s Office (ICO) released a Call for Input on developing the ICO’s framework for artificial intelligence (AI). The ICO simultaneously launched its AI Auditing Framework blog to provide updates on the development of the framework and encourage organisations to engage on this topic with the ICO. On 23 October 2019, … Continue Reading

ICO blogs on AI and data subject rights

On 15 October 2019, the Information Commissioner’s Office (ICO) released the latest in its series of blogs on developing its framework for auditing artificial intelligence (AI). The blog (here) focuses on AI systems and how data subjects can exercise their rights of access, rectification and erasure in relation to such systems. Below, we summarise some … Continue Reading

At odds no more: can regulatory collaboration bring innovation and data privacy closer together?

In July 2019, the UK’s Financial Conduct Authority (FCA) held a week-long Global Anti-Money Laundering and Financial Crime TechSprint (FCA TechSprint) event. The FCA TechSprint looked at ways to effectively combat financial crime and money laundering within the financial services industry. On 16 October 2019, the Information Commissioner’s Office (ICO) released a blog (here) that … Continue Reading

Guidance given on Singapore cross-border data transfer obligation for intermediaries and cloud providers

In Singapore, private sector organisations must generally comply with the transfer limitation obligation in the Personal Data Protection Act (the Act). Any transfer of personal data outside Singapore must be in accordance with the Act’s requirements, to ensure that a comparable standard of protection is accorded to that data. However, where an organisation is a … Continue Reading

IAB issues CCPA compliance framework for public comment

Given the vast challenges California’s sweeping new privacy law, the California Consumer Privacy Act (CCPA), poses for digital marketing, the Interactive Advertising Bureau (IAB) released for public comment a draft of its proposed Compliance Framework for Publishers & Technology Companies (the Framework) on October 22. “Selling” and CCPA challenges for digital. Those who have been … Continue Reading

Uncertainty hangs over the life sciences and healthcare industries in draft regulations of The California Consumer Privacy Act

On October 10th, the Attorney General of California, Xavier Becerra, delivered the highly anticipated text of the proposed California Consumer Privacy Act (CCPA) regulations. However, untouched and unexplained were the Health Insurance Portability and Accountability Act, California Medical Information Act, and clinical research exemptions. The industry has and will continue to grapple with these exemptions, which … Continue Reading

Implications for employers and the biometric landscape under New York’s expanded data security law

Over the past several years, legislators from coast to coast have increasingly made data privacy and cybersecurity top priorities. The result has been a spike in the number and stringency of laws that impose proactive and reactive responsibilities – covering, for instance, data security and breach notifications – on companies that collect personal information, whether … Continue Reading

Latin America to bolster data protection in a legal overhaul

The General Data Protection Regulation (GDPR) has prompted a series of legislative proposals in Latin American countries to update data protection regulations, many of which reflect the higher standards of the GDPR. With a large number of European and U.S. companies operating in the region, we look at some of the latest developments below. Argentina … Continue Reading

EDPB issues guidelines on the contractual lawful basis for processing for online services

The European Data Protection Board (EDPB) met for its fourteenth plenary session on 8 and 9 October 2019. One of the key developments was the adoption of the final version of its guidelines on the contractual lawful basis for the processing of personal data in the context of online services under Article 6(1)(b) of the … Continue Reading

Calculation of administrative fines under GDPR – standardized concept published in Germany

After a month of rumors, uncertainty, and German data protection authorities being nontransparent, the German conference of data protection authorities (Datenschutzkonferenz, DSK) published the concept for calculating administrative fines for data protection violations (Concept, available here) on October 16, 2019. The Concept sets out a standardized approach regarding the calculation of administrative fines in accordance … Continue Reading

California attorney general issues draft CCPA regulations

On October 10, 2019, California Attorney General Xavier Becerra issued proposed regulations implementing and interpreting the California Consumer Privacy Act (CCPA). The draft regulations address privacy policies, consumer notices, practices for handling consumer requests, ways to verify consumer requests, requirements regarding minors, and rules governing nondiscrimination practices. The regulations are currently in draft form, with … Continue Reading

Compliant use of cookies in the EU is still a secret recipe: ECJ decides on Planet49, but does not provide clarity

In its judgment of 1 October 2019, the European Court of Justice (ECJ) decided on cookie consent requirements under the General Data Protection Regulation 2016/679/EU (GDPR) and the Cookie Directive 2002/58/EC (Cookie Directive) (Case C-673/17, Planet49 GmbH v. Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband e.V. (the Judgment)). The ECJ set clear requirements on what cookie … Continue Reading

With latest lawsuit, New York attorney general continues to demand cybersecurity compliance

In a continued pursuit for cybersecurity compliance, New York Attorney General (AG) Letitia James has sued Dunkin’ Brands, Inc. (franchisor of Dunkin’ Donuts) over two data breaches in 2015 and 2018, accusing the company of mishandling a series of cyberattacks that together compromised more than 320,000 customer accounts. In the complaint filed last week, AG … Continue Reading

The e-Privacy Regulation saga rumbles on

The long-running e-Privacy Regulation saga continues. On 18 September 2019, the Council of the European Union (the Council) released proposed amendments to the draft regulation. We take a look at some of the proposals. Proposals The draft e-Privacy Regulation will replace the current Directive 2002/58/EC to “reinforce trust and security in the Digital Single Market”. … Continue Reading

A new California privacy initiative seeks to further bolster individual privacy rights

Another potentially groundbreaking California ballot initiative has been announced, just as companies began to digest and incorporate the amendments to the California Consumer Privacy Act (CCPA) into their compliance plans and learned the draft CCPA regulations will be issued by the California Attorney General in October. Last week, the primary advocate for and co-architect of … Continue Reading

Forget-me-not: Google v. CNIL defines territorial scope of the right to be forgotten

Today, the European Court of Justice (ECJ) handed down its decision in Google v. CNIL, dealing with the remit of the ‘right to be forgotten’ (RTBF). In short, the ECJ held that the operator of a search engine is not required to carry out de-referencing on all domain extensions of its search engine when dealing … Continue Reading

Artificial intelligence: ICO considers security risks and the need for a new legal framework

On 12 September 2019, the Committee of Ministers of the Council of Europe announced that an Ad hoc Committee on Artificial Intelligence (CAHAI) will be set up to consider the feasibility of a legal framework for the development, design and application of Artificial intelligence (AI). On the same day, the United Kingdom’s data protection supervisory … Continue Reading

Last minute amendments likely finalize CCPA language for January 1 deadline.

Late last week, the California legislature approved five bills intended to clarify the scope and required compliance obligations of the California Consumer Privacy Act (CCPA or the Act). Organizations now have just over three months to determine whether they need to comply with the newly amended CCPA, assess what their obligations are, and implement the … Continue Reading

Get your Update on IT & Data Protection Law in our Newsletter (Summer 2019 Edition)

The Summer 2019 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released: English version German version In this edition we cover the following topics: ECJ and GDPR: Another decision hitting social media activities by companies EDPB does not opt for changes to EU standard contractual clauses EU … Continue Reading

Update on ePrivacy Regulation: “Current draft does not guarantee high level of protection and cannot be supported”, German government states

In its response dated 3 July 2019 (Response; file no. 19/11351, available in German here) to an inquiry by members of the German parliament (Inquiry), the German government took stand on the current draft Regulation on Privacy and Electronic Communications (ePrivacy Regulation), and particularly on “tracking”. The German government summarises its assessment of the ePrivacy … Continue Reading

The facial scan that launched a thousand laws: biometric privacy legislation trend continues to grow nationwide

Many states are following in the footsteps of Illinois’ Biometric Information Privacy Act (BIPA), a law that has led to an increase in the volume of class action privacy litigation and highlighted the importance of enterprise-level management of biometric data (e.g., fingerprint, voiceprint, and retina, facial, or iris image). Organizations that collect and use biometric … Continue Reading
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