On July 3, 2019 the Information Commissioner’s Office (ICO) published an updated guidance on the use of cookies. Although the guidance confirms requirements of which most data practitioners already comply, it outlines steps for non-compliant companies. Now that the ICO has confirmed its regulatory expectations and detailed immediate enforcement, companies need to take action to … Continue Reading
In a late night session on 28 June 2019, the German Parliament (Bundestag) passed the Second GDPR Implementation Act (2. Datenschutz-Anpassungs-und-Umsetzungsgesetz EU – 2. DSAnpUG-EU; the Act). The Act is available online in German here and here. For more information on the First German GDPR Implementation Act read our blog here. The Act will amend 154 German … Continue Reading
Never one to miss a bandwagon, the European Commission has published three documents to mark the first year of GDPR: a Eurobarometer survey on data protection (Eurobarometer Survey); a multi-stakeholder expert group (MEG Report); and guidance on the free flow of non-personal data within the EU (reported on here). We set out some of the … Continue Reading
On June 20, 2019 the Information Commissioner’s Office (ICO) published an Update Report on real-time bidding (RTB). Following the recent GDPR one-year anniversary of implementation, the ICO has made adtech a focus for the upcoming year. Although RTB has not been made obsolete, the report denotes all current RTB practices as non-compliant with the GDPR, … Continue Reading
The Spring 2019 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released. We provide updates on cookies and tracking tools, Facebook fan pages, fines under GDPR, influencer marketing, email encryption, platform provider obligations, framing, the new German Trade Secrets Act, and more. The newsletter also includes multiple … Continue Reading
At its eleventh plenary session on 4 June 2019 in Brussels, the European Data Protection Board (EDPB) adopted final versions of (1) the Guidelines 1/2019 on codes of conduct and monitoring bodies under Regulation 2016/679, (2) annex 2 to the Guidelines on certification criteria in accordance with Articles 42 and 43 of the Regulation 2016/679 … Continue Reading
By a new decision of sanction rendered on 28 May 2019, the French data protection authority Commission nationale de l’informatique et des libertés (CNIL) imposed a €400,000 fine on French property management company Sergic for failure to comply with its obligation to maintain the security of and to limit the storage of personal data. This … Continue Reading
“The internet’s not written in pencil, it’s written in ink.” Advocate General (AG) Szpunar commenced his opinion dated 4 June 2019 in Case C-18/18 (Opinion, available here) with the above quote from the movie The Social Network. In the Opinion the AG analysed the substantive scope of injunctions, in particular if social network providers “may … Continue Reading
The new Regulation (EU) 2018/1807 on a framework for the free flow of non-personal data in the EU (Free Flow of Non-Personal Data Regulation), which we discussed in a previous blog, became applicable from 28 May 2019. Together with the General Data Protection Regulation (EU) 2016/679 (GDPR), the two regulations now provide a “comprehensive framework … Continue Reading
On 7 June 2019, Regulation (EU) 2019/881 on ENISA (the European Union Agency for Network and Information Security) and on information and communications technology cybersecurity certification, also known as the Cybersecurity Act, was given the final go-ahead and published in the Official Journal of the European Union. The Cybersecurity Act will come into force on 27 … Continue Reading
The European Data Protection Board (EDPB) has published a survey of European Economic Area (EEA) regulators setting out General Data Protection Regulation (GDPR) enforcement trends. The report makes for interesting reading. It sets out how: the GDPR’s “one stop shop” mechanism has been bedding down; and the number of data subject complaints and data breach … Continue Reading
May was a busy month for state privacy law updates and amendments. In addition to amendments made by Texas to its breach notification law, both Oregon and Nevada expanded their privacy-related laws this month, while Illinois’s CCPA-like law failed to pass after a variety of amendments related to whether the law would allow for a … Continue Reading
Texas will see changes to its breach notification law, but comprehensive privacy legislation at the state level will not occur until 2021 at the earliest. This year, two privacy bills were introduced in the Texas legislature. House Bill 4518 (modeled on the California Consumer Privacy Act) did not pass in any form. The other bill, … Continue Reading
The Information Commissioner’s Office (ICO) has published its update reflecting on its GDPR experience over the past year and its upcoming priorities to stay relevant, foster innovation and maintain its position as an “influential regulator on the national and international stage”. Supporting the public, DPOs, SMEs and other organisations The first year of the GDPR … Continue Reading
On May 21, 2019, representatives of the Federal Trade Commission (FTC) and the Office of DC Attorney General (AG) Karl Racine visited Reed Smith to discuss data privacy trends to watch at the federal and state level. In an IAPP KnowledgeNet presentation moderated by Reed Smith partner Divonne Smoyer, Maneesha Mithal (associate director of the … Continue Reading
25 May 2019 was GDPR’s first birthday. Since its introduction, privacy and data protection issues have continued to dominate public debate and regulators have signalled that large fines for non-compliance are imminent. Now is an opportune time to review your privacy and data protection regimes. We have more regulatory guidance and case law than we … Continue Reading
On April 18, 2019, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) requesting comments on proposed Critical Infrastructure Protection (CIP) Reliability Standard CIP-012-1. As written, CIP-012-1 will require responsible entities to implement controls to protect communication links and data transmissions in an effort to mitigate cybersecurity risks to communications between … Continue Reading
The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released a fact sheet clarifying violations of HIPAA (Health Insurance Portability and Accountability Act of 1996) for which a business associate can be held directly liable. The fact sheet outlines 10 specific circumstances for which OCR has authority to take enforcement … Continue Reading
The GDPR just had its first birthday. Before the GDPR became effective, organisations were anxious because the Regulation provides for heavy penalties. But was their anxiety justified? And as a first step, how have EU member states themselves implemented the GDPR? This article will provide short answers to these questions. Local implementation efforts Although the … Continue Reading
The recent case of Green v. Group Ltd and others [2019] EWHC 954 (Ch) dealing with Cambridge Analytica’s insolvency has clarified the approach that administrators should take when subject access requests are made to the companies over which they are appointed. A failed administration… In the aftermath of the notorious data analytics activities of Cambridge … Continue Reading
On May 22, 2019, Singapore’s Personal Data Protection Commission introduced three new initiatives: a) A public consultation on data portability. The corresponding consultation paper also proposes to introduce data innovation provisions as part of the ongoing review of the Personal Data Protection Act (PDPA). The consultation is open for six weeks and will close on … Continue Reading
The U.S. Department of Health and Human Services Office for Civil Rights (OCR) released a new set of Health Insurance Portability and Accountability Act (HIPAA) FAQs building upon prior guidance from OCR. The new FAQs discuss the applicability of HIPAA to covered entities and business associates that interact with health apps and explain when HIPAA regulated … Continue Reading
The UK’s Information Commissioner’s Office (ICO) has published new guidance on certification and codes of conduct for data processing as well as expected timetables for finalising its revised guidelines on these topics. Certification Certification is a voluntary mechanism for organisations to validate their compliance with the General Data Protection Regulation 2016/679 (GDPR). Once the submissions … Continue Reading
They are the stars of the young generation, brand ambassadors for organizations and leaders on social media: influencers. With their strong presence on social media channels such as Facebook, Instagram or Twitter, influencers have a power that pays off. Thousands of users follow the day-to-day posts of their role models. Influencers are becoming increasingly important … Continue Reading
