On 5 June 2018, the Court of Justice of the European Union (CJEU) handed down its long-awaited Facebook fan page judgement (Case C-210/16), holding that the operator of a fan page on Facebook is jointly responsible with Facebook for processing the data of visitors to the page. Only a day later, the Conference of German … Continue Reading
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
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
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
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
On 13 April 2018, the High Court, in NT1 & NT2 v Google LLC [2018] EWHC 799 (QB), ruled against Google, in favour of two businessmen advocating for the right to be forgotten. You can find the full judgment here, but in this blog we explore the reasoning behind the Court’s decision. Right to be … Continue Reading
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
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
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
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
On 23 February 2018, the Article 29 Working Party (WP29) sent a letter to Alban Schmutz, President of Cloud Infrastructure Services Providers in Europe (CISPE), in response to the organisation’s submission of a draft Code of Conduct for Cloud Infrastructure Service Providers. In conducting its review, the aim of WP29 was to ensure that the … Continue Reading
On 28 February 2018, Andrus Ansip, the European Commission (Commission) Vice President and commissioner responsible for the Digital Single Market strategy, commented that all companies should be able to monetise user data, in the same way that social media companies do. Mr Ansip’s comments reflect the aims of the General Data Protection Regulation (GDPR) to … Continue Reading
In preparation for the EU’s General Data Protection Regulation (GDPR), which comes into effect May 25, Facebook announced it is launching a range of new privacy tools in an effort to “put people in more control over their privacy.” Interestingly, last week Mark Zuckerberg clarified that he intends to implement Europe’s GDPR across its entire … Continue Reading
The UK government has published its response to a public consultation on the EU Directive on security networks and information systems (NIS Directive) that opened in August last year. The response sets out the UK’s vision for improving the security of the UK’s essential services by implementing the NIS Directive. The NIS Directive The NIS … Continue Reading
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
On 6 February 2018, the Article 29 Working Party (WP29) adopted revised guidelines on binding corporate rules (BCRs). These were issued following a period of public consultation that concluded on 17 January 2018. Technology Law Dispatch previously covered the issuing of the draft guidelines last December, in a blog setting out the key elements of … Continue Reading
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
The Winter 2018 edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released. We cover new case law on marketing consent, cookie consent, the liability of platform providers, employee data protection, sales of address data and the right to be forgotten. The newsletter also includes multiple recommended reads … Continue Reading
On 20 February 2018, The Data Protection (Charges and Information) Regulations 2018 (the Regulations) were laid before the UK parliament. The Regulations affect what businesses have to pay when registering their data protection arrangements with the Information Commissioner’s Office (ICO). On 21 February 2018, the ICO issued a guide for data controllers about the proposed … Continue Reading
The GDPR is just around the corner and will be effective in less than three months – on 25 May 2018. Organizations are therefore in the midst of preparations to comply with the new Regulation in order to avoid the potentially high fines. Non-EU organizations have to assess whether the GDPR is applicable to them … Continue Reading
On February 22, 2018, Reed Smith’s IP, Tech & Data Group hosted a webinar discussing key priorities and strategies for compliance during the final three months remaining before the General Data Protection Regulation (GDPR) comes into force on May 25, 2018. We have prepared a benchmarking report based on the data of more than 250 respondents spanning … Continue Reading
The General Data Protection Regulation (GDPR) will come into effect on May 25, 2018. It will attempt to standardize data protection law throughout the European Union. The GDPR will not be fully harmonized since the law has more than 70 opening clauses that will leave room for the EU Member States’ legislators to implement (stricter, … Continue Reading
On 11 December 2017, the Article 29 Working Party (Art 29 WP) published its draft guidance on transparency. The guidelines are open for consultation until 23 January 2018. The Art 29 WP analyse the elements of transparency required by the General Data Protection Regulation (GDPR). They also provide further details on the information that data … Continue Reading
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
