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
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
The Office of Administrative Law approved an adjustment to the covered electronic waste (CEW) recycling fee for covered electronic devices (CED) on October 8, 2019. When a California consumer buys a CED – generally, any video display device with a screen larger than four inches – from a retailer, a CEW recycling fee is assessed. … Continue Reading
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
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
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
On 9 September 2019, the German Federal Ministry of Economic Cooperation and Development (Bundesministerium für wirtschaftliche Zusammenarbeit und Entwicklung – BMZ) introduced a new, state-regulated environmental label for “Green Button” (Grüner Knopf) certified textiles with a press release, available here. The BMZ also launched the official Green Button website, which is available in German at http://www.gruener-knopf.de/. … Continue Reading
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
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
Robocalls: everyone receives one or two, but more likely dozens. While some are helpful, most are annoying, and the worst can result in financial fraud. While the FCC and Congress have been taking steps toward addressing the issue, state attorneys general (AGs) have taken the first major action to end unwanted robocalls. On August 22, AGs … Continue Reading
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
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
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
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
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
The U.S. Chamber of Commerce (the “Chamber”) recently hosted a data privacy summit, “#DataDoneRight”, which brought together a group of industry professionals, government stakeholders, and privacy thought leaders to talk about data privacy. The Chamber, which has proposed federal privacy legislation, engaged a wide variety of speakers, covering multiple viewpoints, to demonstrate the need for … Continue Reading
The Information Commissioner’s Office (ICO) has published its 2018/19 Annual Report, covering the 12 months to 31 March 2019. This is the ICO’s first annual report to parliament since the GDPR came into force in May 2018. It sets out exactly what the ICO has been up to in what has been an interesting year. … Continue Reading
The U.S. Chamber of Commerce last week gathered a diverse, bipartisan group of policymakers, regulators, industry representatives and thought leaders to discuss all things data privacy at #DataDoneRight, its 2019 privacy summit. Topics included the California Consumer Privacy Act, the possibility of federal privacy legislation and working with privacy regulators, and the summit featured a … Continue Reading
Avid readers of this blog (and we trust there are many of you!) will recall that the UK government recently published a white paper. The white paper sets out the UK government’s approach to regulating the internet to tackle online harms. The Information Commissioner’s Office (ICO) has just published the Information Commissioner’s (Commissioner) full response to … Continue Reading
As states’ “top cops,” one of the primary responsibilities of state attorneys general (AGs) is consumer protection, and more and more AGs are focusing on how to protect consumer data privacy. Discussions at the recent Conference of Western Attorneys General (“CWAG”) Annual Meeting in Santa Barbara reflect this focus and demonstrate that state enforcers are … Continue Reading
The Competition and Markets Authority (CMA) has recently published an invitation to take part in its market study into online platforms and the digital advertising market in the UK. This market study has not come out of the blue. The ICO recently published a report on adtech in which the ICO concluded that many actors … Continue Reading
The Information Commissioner’s Office (ICO) announced a £100,000 fine imposed on the telecoms company, EE Limited (EE), for breaching the Privacy and Electronic Communications Regulations 2003 (PECR). The timing of the breach meant that the General Data Protection Regulation 2016/679 (GDPR) was not applicable. What happened? EE sent customers a text message encouraging them 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
