Archives: Privacy & Data Protection

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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

German court ruling: no claims for damages under Article 82 GDPR for minor GDPR violations

In its recent decision of 11 June 2019 (docket no.: 4 U 760/19, available here), the Dresden Court of Appeals (Oberlandesgericht Dresden – Court of Appeals) had to decide on claims for damages under Article 82 GDPR with regard to minor violations of the GDPR. Background The defendant, the provider of a social network, had … Continue Reading

German DPA released audit checklist for GDPR readiness

The Lower Saxony Data Protection Authority (Lower Saxony DPA) has audited 50 large and medium-sized organizations over the last couple of months regarding their implementation of the requirements of the General Data Protection Regulation (GDPR), and is currently finalising the audits. On 7 August 2019, the Lower Saxony DPA released the checklist that it used … Continue Reading

Children first: the ICO’s code for design standards in online services for children is one step closer to completion

Earlier this year, the Information Commissioner’s Office (ICO) issued a consultation on a draft code of practice for designing age-appropriate access for children accessing online services (Code). The consultation closed on 31 May 2019 but the ICO has recently released an update on its progress in producing the Code. The finalised Code will be informed … Continue Reading

Berlin DPA announced high GDPR fines

Recently, the Berlin Data Protection Authority (Berlin DPA) announced that it would issue a high administrative fine for violations of the General Data Protection Regulation 2016/679 (GDPR). The announcement is available in German on the website of the City of Berlin. The fine will likely be a double-digit million amount of euros. The Berlin DPA … Continue Reading

Privacy and data protection: What you need to know in case of a no-deal Brexit

The UK’s new prime minister, Boris Johnson, has vowed that the UK will leave the EU on October 31, 2019. A unilateral (or “hard”) Brexit poses many privacy and data protection challenges for companies that operate in the UK.  Post-Brexit privacy and data protection issues that you need to consider include: how to maintain uninterrupted … Continue Reading

New York enacts new security and identity theft protection laws in response to recent data breaches

On July 25, 2019, New York Governor Andrew Cuomo signed into law the Stop Hacks and Improve Electronic Data Security (SHIELD) Act (S.5575B/A.5635), which significantly increases obligations for businesses handling private data to notify affected consumers upon experiencing a security breach. Additionally, Governor Cuomo signed the Identity Theft Prevention and Mitigating Services Act (A.2374/S.3582), requiring … Continue Reading

$5 billion Federal Trade Commission settlement with Facebook represents largest privacy enforcement penalty ever

The Federal Trade Commission’s (FTC) recent $5 billion settlement with Facebook is unprecedented in multiple respects: The $5 billion penalty represents the largest privacy and data security settlement in history – it is almost 20 times larger than the recent Equifax Inc. settlement and dwarfs recent EU data protection enforcement actions. As part of the … Continue Reading

Equifax agrees to enhanced security and privacy measures and will pay states and the Consumer Financial Protection Bureau at least $575 million to resolve multistate investigation of 2017 data breach.

The recently announced multistate settlement between credit reporting company Equifax Inc. and the Attorneys General of 48 states, Puerto Rico, and the District of Columbia (the AGs) demonstrates the increasingly active role of state regulators in policing the privacy and security practices of businesses that handle consumers’ personal information. The multistate settlement is part of … Continue Reading

Check your compliance to the updated ICO guidance on cookies

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

German Parliament voted ‘Yes’ to Second GDPR Implementation Act

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

GDPR on its first birthday – people know what it is but aren’t sure what it does

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

Your next steps following the ICO update on real-time bidding and adtech

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

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

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

EDPB completes guidelines on codes of conduct, certification and accreditation of certification bodies

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

First sanction decision rendered by the CNIL regarding data breaches worth almost 1 per cent of the company’s yearly turnover: the era of tolerance seems to be over

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

Advocate General’s opinion on social networks’ obligations on (worldwide) deletion of illegal content

“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

European Commission issues guidance on the free flow of non-personal data in the EU

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

EU Cybersecurity Act gets the green light!

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

More questions, complaints, and cross-border enforcement – GDPR one year on

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

Nevada and Oregon expand their data privacy laws

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
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