Tag Archives: Article 29 Working Party

European Commission approves provisions for cross-border data flows while consultation on GDPR Article 49 guidance closes

Recently, the European Commission endorsed draft horizontal provisions for cross-border data flows and personal data protection in trade agreements – as personal data is a fundamental right, it is not something which can be the subject of negotiation in EU trade deals. Relatedly, the Article 29 Working Party (A29WP) consultation on the guidelines under Article … Continue Reading

Will EU data protection authorities ‘consistency mechanism’ be ready in time for the GDPR?

During an Article 29 Working Party (WP29) press conference on 7 February 2018, the outgoing chair and French privacy chief, Isabelle Falque-Pierrotin, expressed concerns that EU data protection authorities (DPAs) may not be able to enforce the General Data Protection Regulation (GDPR) effectively and in a unified manner in accordance with the consistency mechanism, by … Continue Reading

Article 29 Working Party issues revised guidance on personal data breach notification

With less than three months until the General Data Protection Regulation 2016/279 (GDPR) comes into effect on 25 May 2018, the Article 29 Working Party (WP29) published revised guidelines on personal data breach notification (Guidelines). You may well remember our recent blog covering the Guidelines when the WP29 issued its initial guidance on 3 October … Continue Reading

Article 29 Working Party publishes updated guidance on adequacy referential

On 28 November 2017, the Article 29 Working Party (‘WP29’) published a working document updating its previous guidance on transfers of personal data to third countries (WP12), (‘WP29 Document’). WP29 has reviewed its earlier guidance in the context of the General Data Protection Regulation (‘GDPR’) and recent case law of the European Court of Justice … Continue Reading

Article 29 Working Party issues new guidelines for Binding Corporate Rules

The Article 29 Working Party (WP29) has published updated guidelines on Binding Corporate Rules (BCRs) to reflect the requirements set out in the General Data Protection Regulation (GDPR). The two documents, which replace previous WP29 working papers (WP 153 and WP 195) and remain open for public consultation until January 17, 2018, are: (i) Working … Continue Reading

Article 29 Working Party publishes guidelines on personal data breach notification

On 3 October 2017, the Article 29 Working Party (“WP29”) published draft guidelines on personal data breach notification (“Guidelines”) under the General Data Protection Regulation 2016/279 (“GDPR”). In this blog, we look at some of the key concepts that are considered in the Guidelines regarding the mandatory breach notification and communication requirements of the GDPR. … Continue Reading

Article 29 Working Party publishes guidelines on automated individual decision making and profiling.

On 17 October 2017, the Article 29 Working Party (“Art 29 WP”) published draft guidelines on automated individual decision-making and profiling (“Guidelines”). In the Guidelines, the Art 29 WP states that profiling and automated decision making can be useful for individuals and organisations by delivering increased efficiencies and resource savings, whilst recognising that they may … Continue Reading

South Korea joins APEC’s Cross Border Privacy Rules system

This week, it was officially announced that South Korea has become the fifth country to join the Asia-Pacific Economic Cooperation’s (APEC) Cross Border Privacy Rules (CBPR) system. This system was developed by APEC in 2011 to “build consumer, business and regulator trust in cross border flows of personal information” and thus facilitate e-commerce among APEC … Continue Reading

More GDPR questions answered: new guidelines on DPIAs

Although considered burdensome by some, data protection impact assessments (DPIAs) help controllers assess any data protection implications of their processing operations, with the added benefit of demonstrating compliance with the EU General Data Protection Regulation (GDPR). The Article 29 Working Party (WP29) recently published Guidelines on DPIAs and on determining whether processing is “likely to … Continue Reading

Article 29 Working Party issues guidance on data portability, DPOs and lead supervisory authorities

As we enter 2017, 2018 doesn’t seem that far away…and with the new General Data Protection Regulation (GDPR) due to come into effect from 25 May 2018, organisations are running out of time to ensure compliance with the new data protection requirements. It is therefore not surprising that the Article 29 Working Party (“Working Party”) … Continue Reading

International Data Transfers Face Further Setbacks: MEPs and the EDPS Reject the Privacy Shield & the Adequacy Challenge Spreads to EU Model Clauses

The options available to EU organisations for lawfully transferring personal data from Europe to the United States appear to be dwindling. In particular, there have been further setbacks to the approval of the Privacy Shield and, separately, a new legal challenge to the validity of EU model contract clauses. For more information click here to … Continue Reading

Privacy Shield does not achieve adequacy of protection under current regime, say EU Data Protection Authorities

On 13 April, the Article 29 Data Protection Working Party (‘WP29’) published its opinion on whether the proposed Privacy Shield programme, which is intended to replace the now-invalid Safe Harbor pact for facilitating trans-Atlantic data flows, achieved an adequate level of protection. The WP29 acknowledged that many of the shortcomings of Safe Harbor have been … Continue Reading

The CNIL sets expectations as to the ‘EU-U.S. Privacy Shield’ and starts implementing enforcement measures in case of Safe Harbor remediation default

The CNIL issued a press release February 4, setting expectations concerning the “EU-U.S. Privacy Shield” work-in-progress. In the same time, it has switched to enforcement mode concerning Safe Harbor remediation failure. Click here to read more in the issued Client Alert.… Continue Reading

Article 29 Working Party updates its Opinion on applicable law

The Article 29 Working Party (WP29) has updated its Opinion on applicable law and has introduced a new ‘inextricable link’ test representing a new element to the existing ‘in the context of the activities of an establishment’ criteria. This updated Opinion follows the Court of Justice of the European Union’s (CJEU) judgment in the case … Continue Reading

The Article 29 Working Party releases statement on Safe Harbor

On 16 October, the Article 29 Working Party released a statement (“Statement”) on the implications of the Court of Justice of the European Union’s (“CJEU”) judgment in Maximillian Schrems v Data Protection Commissioner (C-362-14). In that judgment, the CJEU invalidated the Safe Harbor regime, which for 15 years had been one of the main tools available to … Continue Reading

Privacy in financial markets, not to be ignored

The Article 29 Working Party published a letter it sent to the European Commission urging it to consider the data protection and privacy issues when adopting the secondary regulations (‘Regulations’) necessary to implement two European Union financial services laws. These Regulations are required as part of the implementation of the EU Markets in Financial Instruments … Continue Reading

APEC and Article 29 Working Party cooperation helps facilitate growth of BCRs and CBPRs

In late May, the Article 29 Working Party published the letter it sent to the APEC Data Protection subgroup. The letter follows previous discussions and extends cooperation between the two international organisations on data transfer mechanisms, and sets out new plans to align the EU Binding Corporate Rules (‘BCR’) with the APEC Cross-Border Privacy Rules … Continue Reading

Article 29 Working Party publishes opinion on draft Data Protection Regulation

Following adoption by the EU Council of the draft General Data Protection Regulation (the ‘draft Regulation’) in June, the Article 29 Working Party has published an opinion based on draft proposals set out by the various EU institutions, and which is likely to be referred to during the trilogue negotiations currently underway. The opinion follows … Continue Reading

Drones and their data protection implications: Guidance provided by Article 29 Working Party

The Article 29 Working Party has published an Opinion (01/2015) about the data protection and privacy issues in relation to the utilisation of drones. The Working Party acknowledges the social and economic benefits of drones within the aviation market and the opportunities that could develop for law enforcement agencies, but emphasises that risks and threats … Continue Reading

Further guidance on Processor BCRs provided by Article 29 Working Party

The Article 29 Working Party has updated its guidance (the ‘Guidance’) on Processor Binding Corporate Rules (‘PBCRs’) in response to growing concerns that personal data, when transferred outside the European Union to countries without adequate protection, may be subject to access requests from those countries’ law enforcement agencies (‘LEA’) in situations which may not comply … Continue Reading

Article 29 Working Party issues its Cookie Sweep Combined Analysis – Report

On 3 February, the Article 29 Data Protection Working Party published its ‘Cookie Sweep Combined Analysis – Report’. The sweep was undertaken by the WP29 in partnership with eight of the European data protection regulators, including the UK’s ICO, France’s CNIL and Spain’s AEPD, in order to assess the current steps taken by website operators … Continue Reading

EU Art. 29 Working Party Opinion on the Internet of Things

The EU Article 29 Working Party (WP29) has issued an Opinion on ‘Recent Developments on the Internet of Things’ (Opinion). The Opinion stresses the privacy and security challenges generated by the development of the Internet of Things (IoT), while acknowledging the benefits of IoT to individual lives, and the prospect of significant economic growth within … Continue Reading

EU Art. 29 Proposes Class Actions to Enforce Privacy Rights

This month, the Article 29 Data Protection Working Party (Working Party) and the French Data Protection Authority (CNIL) held the European Data Governance Forum, an international conference focusing on the issues of privacy, innovation and surveillance in Europe. The conference highlighted many of the issues raised in the Joint Statement released by the Working Party … Continue Reading
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