Tag Archives: data protection

Pre-Christmas Update on the ePrivacy Regulation

The General Data Protection Regulation (“GDPR”) will enter into force 25 May 2018, and will provide new general data protection standards. In its draft ePrivacy Regulation of 10 January 2017 (“ePrivacy Regulation”), which includes specific provisions for electronic communications, the European Commission sought to ensure that both sets of rules will enter into force at … Continue Reading

ENISA publishes report on recommendations for data protection certification mechanisms under the GDPR

On 27 November 2017, the European Union Agency for Network and Information Security (“ENISA”) published a report on Recommendations on European Data Protection Certification (“Report”). The aim of the Report is to identify and analyse challenges and opportunities of data protection certification mechanisms, as introduced by the General Data Protection Regulation (“GDPR”). The Report provides … Continue Reading

Businesses Operating in the Garden State Brace For NJ Governor Murphy

Democrat Phil Murphy has been elected as the next Governor of the State of New Jersey. Murphy comes in to the office with a double-digit victory over departing lieutenant governor Kim Guadagno (R), and the backing of a state legislature controlled by Democrats.  Governor-Elect Murphy, who has never served in elected office, promises to take … 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

Article 29 Data Protection Working Party Publishes Final Guidelines on Data Protection Impact Assessments

Background On 4 October 2017, the Article 29 Working Party (“WP29”) released its final guidelines on Data Protection Impact Assessments (“DPIA”), which were initially proposed in draft form in April 2017. Article 35 of the General Data Protection Regulation (“GDPR”) provides that the controller shall carry out an assessment of the impact of the envisaged … Continue Reading

European Commission publishes first annual report on EU-US Privacy Shield.

Following our previous blog on the upcoming first annual review of the EU-US Privacy Shield, the European Commission (“Commission”) published its report on 18 October 2017 (“Report”). The Commission’s Findings Overall, the Report confirms that the Privacy Shield continues to ensure an adequate level of protection for personal data transferred from the EU to participating … Continue Reading

European Court of Justice provides guidance on “tasks carried out in the public interest.”

On 27 September 2017, the European Court of Justice (“ECJ”) handed down its preliminary ruling to the Supreme Court of the Slovak Republic (“Supreme Court”) regarding the interpretation of “a task carried out in the public interest” as a legitimate basis for processing personal data under Article 7(e) of the Data Protection Directive (95/46/EC) (“Directive”) … Continue Reading

House of Lords publishes briefing on Data Protection Bill

The House of Lords Library, which provides research and information services to Members of the House of Lords, has published a briefing on the Data Protection Bill (“Bill”) which sets out an overview of and reactions to the Bill (“Briefing”). The Briefing was prepared in advance of the Bill’s second reading in the House of … Continue Reading

EDPS releases recommendations on ePrivacy Regulation – Still a long way to go

We are only eight months away from the new EU data protection regime entering into force. In addition to the General Data Protection Regulation (“GDPR”), which includes the general data protection provisions, the ePrivacy Regulation shall provide specific rules for electronic communications. However, the legislative process of the ePrivacy Regulation is still in its early … Continue Reading

39th International Conference of Data Protection and Privacy Commissioners publishes Resolution on Data Protection in Automated and Connected Vehicles

The 39th International Conference of Data Protection and Privacy Commissioners in Hong Kong published a Resolution on Data Protection in Automated and Connected Vehicles, which sets out fundamental data protection requirements for the mobility of the future (“Resolution”). The Resolution proposes common international standards. The Resolution addresses not only vehicle and equipment manufacturers, but also … Continue Reading

Updated Draft of ePrivacy Regulation: Still Hampering Innovation

On 8 September 2017, the European Council published its first revisions (“Revised Draft”) to the draft EU ePrivacy Regulation (version COM(2017) 10 of 10 January 2017, “ePrivacy Regulation”). The Revised Draft is based on the discussions held in previous meetings of the European Union’s Working Party for Telecommunications and Information Society (“WP TELE”), and on comments … Continue Reading

First judgment on GDPR by German administrative court

The General Data Protection Regulation (“GDPR”) will become applicable 25 May 2018. Even though the GDPR entered into force 24 May 2016, its provisions will be binding and enforceable only from 25 May 2018. In advance of the applicability of the GDPR, the German Administrative Court Karlsruhe (“AC Karlsruhe”) already had to decide on it … Continue Reading

UK Government publishes its position on UK-EU data transfers post-Brexit

The UK Government has published a position paper (“the Paper”), which will form part of a series of papers setting out key issues forming the Government’s vision for their partnership with the EU post-Brexit. The Paper explains how it intends to resolve the much-debated issue of UK-EU data transfers post-Brexit. This issue is a real … Continue Reading

Upcoming first annual review of the EU-U.S. Privacy Shield

During the week of 18 September 2017, the European Commission and the Article 29 Working Party (“WP29”) will undertake the first annual review of the EU-U.S. Privacy Shield (“Privacy Shield”). The meetings will take place in the United States. As for the U.S. side, the U.S. Department of Commerce will conduct the review, and it … Continue Reading

Government announces proposals for a new Data Protection Bill

The government has released a Statement of Intent (“the Statement”) for a new Data Protection Bill (“the Bill”). The Bill was originally announced in the Queen’s Speech earlier this year (see our previous blog on this). This Statement provides further detail on the government’s proposed reforms to data protection laws in the UK. The Bill … Continue Reading

SEC Increases Focus on Cyber Incident Response

In the past few years, we have seen an uptick in agencies beginning to focus on the cybersecurity readiness and response of organizations subject to their jurisdiction. The U.S. Securities and Exchange Commission (SEC), for example, has identified cybersecurity as a top priority for many years. This past June, the SEC named Stephanie Avakian and … Continue Reading

Fines under GDPR – German DPAs provide guidance

The German Data Protection Authorities (“DPAs”) released a paper on fines under Art. 83 General Data Protection Regulation (“GDPR”) in July 2017. Fines are hanging like a Sword of Damocles over the organizations that are getting ready for GDPR, since the upper limits of fines have been increased substantially. For example, German DPAs can currently … Continue Reading

House of Lords publishes report on Brexit and the EU Data Protection Package

The House of Lords EU Home Affairs Sub-Committee (“the Committee”) has published a report on the EU Data Protection Package and the impact of Brexit (“the Report”). The Report considers the implications of the UK’s exit from the EU for cross-border data transfers, and for UK data protection policy more generally. The Report looks at … Continue Reading

CJEU has released Opinion on EU-Canada Passenger Name Record Agreement – What it means for international data transfer mechanisms

In the Opinion 1/15 of 26 July 2017 (“Opinion”), the Court of Justice of the European Union (“CJEU”) held that the proposed agreement between the EU and Canada on the transfer and processing of Passenger Name Record (“PNR”) data may not be concluded in its current form. The Opinion is available here. The CJEU said that … Continue Reading

Bavarian DPA has released GDPR implementation audit questionnaire

The Bavarian Data Protection Authority (“Bavarian DPA”) has published an English-language version of a GDPR implementation audit questionnaire (“Questionnaire”). The Questionnaire is available here. The Questionnaire has been previously released in German. Content of the Questionnaire The Questionnaire includes questions on six topics: Structure and responsibility in the company • For example, is there awareness … Continue Reading

ICO publishes International Strategy

The Information Commissioner’s Office (“ICO”) has released its International Strategy 2017-2021  (“Strategy”). The Strategy supports its Information Rights Strategic Plan, which we reported on earlier this year. The first part of the Strategy refers to the challenges and priorities for the next five years, particularly in light of changes brought about by the General Data … Continue Reading

ICO’s Strategic Plan for the ‘New Frontier’ of Data Protection

The ICO recently published its Information Rights Strategic Plan for 2017 – 2021  (the ‘Plan’). Within it, the ICO Commissioner, Elizabeth Denham, asserts that we are on the “edge of a new frontier,” and that the data protection landscape is about to be reshaped by the “game changing” General Data Protection Regulation (the ‘GDPR’). Noting … Continue Reading

CIPL produces roadmap for potential certification standards under GDPR

As part of its GDPR Implementation Project, the Centre for Information Policy Leadership (‘CIPL’) has released a discussion paper on certifications, seals and marks. The paper stresses the benefits of certifications that can be adapted to different companies and contexts, all while retaining common cross-border baselines. As no such measure is currently in place ahead … Continue Reading

One year to go – European Commission issues statement on benefits of GDPR

“A year from now, the European Union will start benefiting from the new data protection standards.” This week, the European Commission’s most senior voices gave an official statement promoting the benefits of the new General Data Protection Regulation (GDPR). Andrus Ansip (Vice-President) and Věra Jourová (Commissioner) of the European Commission aimed their statement at all … Continue Reading
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