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Singapore data protection commission fines carpooling service and LAN gaming centre

Two businesses have been fined a total of S$13,000 for breaching Singapore’s data protection law. GrabCar Facts The first decision involved a carpooling service operated by GrabCar through an app. Twenty drivers had their accounts suspended for flouting usage rules for the platform. They were allowed to submit an appeal, by filling a Google form … Continue Reading

An interview with North Carolina AG Josh Stein

Check out this month’s edition of The Privacy Advisor, a publication of the International Association of Privacy Professionals (IAPP), for Divonne Smoyer and Kimberly Chow’s Q&A with North Carolina Attorney General (AG) Josh Stein. Throughout his tenure as AG, Stein has shown a clear commitment to data privacy and security through his advocacy for strong … Continue Reading

Southeast Asian nations to form regional framework for cybersecurity cooperation

The Association of Southeast Asian Nations (ASEAN) announced last week that it will create a rules-based framework for its 10 member states to cooperate on cybersecurity matters. The 10 ASEAN members are Singapore (which is the chair for ASEAN this year), Malaysia, Indonesia, the Philippines, Thailand, Vietnam, Brunei, Myanmar, Laos and Cambodia. Singapore is expected … Continue Reading

September 4, 2018: NYDFS Cybersecurity Regulation Compliance date arrives

As of today, Covered Entities are expected to be compliant with additional provisions under the New York State Department of Financial Services (NYDFS) cybersecurity regulation. A “Covered Entity” is any individual or non-governmental entity “operating under or required to operate under a license, registration, charter, certificate, permit, accreditation or similar authorization under the Banking Law, … Continue Reading

AGs emphasize consumer protection and privacy expertise in FTC comments

The Federal Trade Commission (FTC) will be holding a series of hearings this fall on “Competition and Consumer Protection in the 21st Century,” with the goal of reflecting on the agency’s powers, and state attorneys general (AGs) want to make sure their voices are heard. A bipartisan group of 29 state AGs filed comments with … Continue Reading

Proposed amendments to the ePrivacy Regulation

On 10 July 2018, the Council of the European Union has published a draft of revisions to the proposed ePrivacy Regulation (ePR). The ePR is likely to come into force in 2019. The ePR will repeal and replace the Privacy and Electronic Communications Directive 2002/58/EC. The ePR will align Europe’s ePrivacy regime more closely with … Continue Reading

EU to create a cybersecurity certification framework

To enhance cyber resilience, the EU is building a certification framework for information and communication technology (ICT) products, services and processes. On 8 June 2018, the Council agreed a Proposal (known as the Cybersecurity Act) to prepare for negotiations with the European Parliament to finalise the text. One of the effects of the Proposal is … Continue Reading

ICO publishes its 2017/2018 Annual Report

The Information Commissioner’s Office (‘ICO’) has published its 2017/2018 Annual Report, covering the 12 months leading up to 31 March 2018. The report is the ICO’s annual report to Parliament as required by the Data Protection Act 1998 (‘DPA’), and outlines the achievements and work of the ICO. Among the findings reported are the number … Continue Reading

ICO issues guidance on hiring and supporting DPOs

The UK Information Commissioner’s Office (ICO) has issued a resource for organizations to utilise when hiring and structuring the roles of data protection officers (DPO) under the General Data Protection Regulation (GDPR). This blog summarises several key elements of these resources. DPO checklist The checklist contains four sections which include: Appointing a DPO – across … Continue Reading

EU’s GDPR applied to promotion marketing

The European Union’s General Data Protection Regulation (GDPR) is underway, and companies and organizations around the world are analyzing its effects on how they collect, use, store and disclose data. U.S.-based sponsors of sweepstakes, contests, instant win games and other promotions opening entry to or targeting Europeans need to be mindful of the GDPR rules … Continue Reading

Data Protection Act 2018 comes into force

On 23 May 2018, the Data Protection Act 2018 (DPA) received royal assent and became UK law. The DPA implements the EU’s General Data Protection Regulation (GDPR), while providing for certain permitted derogations, additions and UK-specific provisions. The DPA: Repeals and replaces the previous Data Protection Act 1998 (the 1998 Act) as the primary piece … Continue Reading

ICO and NCSC issue guidance on security outcomes under GDPR

The General Data Protection Regulation ((EU) 2016/9679) (GDPR) came into effect on 25 May 2018. One of the key principles centres on integrity and confidentiality of personal data. Article 5(1)(f) of the GDPR provides that personal data shall be: “processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised … Continue Reading

German authorities: tracking and profiling cookies require opt-in consent

On 26 April 2018, the Conference of German Data Protection Authorities (German DPAs) released a highly criticised position paper on the applicability of the German Telemedia Act (TMA) after 25 May 2018 (Position Paper, available in German here). The Position Paper clearly states that tracking and profiling cookies now require informed prior opt-in consent. Position … Continue Reading

European Parliament publishes a corrigendum to the GDPR

On 25 April 2018, the European Parliament’s Civil Liberties, Justice & Home Affairs Committee published a corrigendum (an error to be corrected in a printed work after publication) to the European General Data Protection Regulation ((EU 2016/679) (GDPR). There are 26 “official” language versions of the GDPR (all European Economic Area countries plus Norway and … Continue Reading

European Commission proposes draft Whistleblowing Directive

On 23 April 2018, the European Commission published a proposal for a Directive on the protection of whistleblowers reporting on breaches of EU law, accompanied by an explanatory memorandum. The Directive The intention behind the proposal is to harmonise the minimum level of protection available to whistleblowers across the EU. It reflects the Commission’s view … Continue Reading

European Commission outlines plans to boost artificial intelligence

Last month, the European Commission (Commission) announced plans to bolster the future of artificial intelligence (AI) across the bloc. In a paper on ‘Artificial Intelligence for Europe’, the Commission proposed a three-pronged approach to: (i) increase public and private investment in AI; (ii) prepare for socio-economic changes; and (iii) ensure an appropriate ethical and legal … Continue Reading

Network and Information Systems Regulations 2018 come into force in the UK and government cybersecurity survey is published

On 10 May 2018, the Network and Information Systems Regulations 2018 (NISR) came into force in the UK. NISR stems from the Network Information Systems Directive 2016 of the EU, which has been covered by this blog previously. Relatedly, on 25 April 2018, the UK government’s Department for Digital, Culture, Media and Sport (DCMS) published … Continue Reading

Trade secret litigation – is Germany next?

In anticipation of the implementation of the Trade Secrets Directive, the topic of know-how protection has been widely discussed. Dr Anette Gärtner, along with Sabrina Gossler, has written an article which explores the current legal situation in Germany, analyses the relevant provisions of the Directive and explains the immediate next steps for companies operating in … Continue Reading

Article 29 Working Party issues final guidelines on consent

On 10 April 2018, the Article 29 Working Party (WP29) published revised guidelines on consent under the General Data Protection Regulation (GDPR). Consent is one of the six GDPR bases for the lawful processing of personal data. Technology Law Dispatch looked at the WP29’s draft guidelines on consent earlier this year. This article examines the … Continue Reading

Article 29 Working Party adopts finalized guidelines on transparency under GDPR

The Article 29 Working Party (WP29) adopted, on 11 April 2018, finalized guidelines on transparency (the Guidelines) under the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR), following its public consultation. Technology Law Dispatch looked at the draft guidance on transparency earlier this year, so this blog focuses on the key issues and what is … Continue Reading

Article 29 Working Party consultation on guidelines for accrediting certification bodies under the GDPR

The Article 29 Working Party (WP29) published a consultation on guidelines for the accreditation of certification bodies under the General Data Protection Regulation (GDPR), which closed at the end of March. The consultation guidelines would require a certification body under the GDPR to be accredited by either the competent supervisory authority or the national accreditation … Continue Reading

Brexit sectoral analysis – ICT report

In November 2017, the House of Commons Committee on Exiting the European Union (the Committee) published impact assessment reports of Brexit on various UK business sectors. The Report on the Technology (ICT) Sector (the Report) is a mix of qualitative and quantitative analysis. For each business sector, the Report includes: (i) a description of the … Continue Reading

Arizona emerges as privacy innovator as its AG and Governor lead the charge

Arizona and its Attorney General’s office have emerged as key players in the effort to prioritize data security on the national stage. Since his inauguration in 2015, Arizona Attorney General Mark Brnovich has struck a balance between supporting innovation and protecting Arizonans’ privacy rights. With the support of Governor Doug Ducey, Arizona is taking active … Continue Reading

Article 29 Working Party update on GDPR implementation

The Article 29 Working Party (WP29) discussed a number of important issues during its April plenary meeting on 17 April 2018. In its summary press release, the WP29 gave an update on the issues it discussed. Implementation of the General Data Protection Regulation (GDPR) and adopted guidelines WP29 formally adopted guidelines on consent and transparency … Continue Reading
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