Tag Archives: GDPR

European Commission VP comments on harmonisation and monetising user data, and guidance on the direct application of the GDPR is issued

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

Facebook announces plan to implement GDPR globally

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

UK government publishes response to its consultation on the Directive on security of networks and information systems

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

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

Binding corporate rules – Article 29 Working Party issues revised guidelines

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

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

Get your update on IT and data protection law in our newsletter

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

New data protection fees for UK businesses – Draft Data Protection (Charges and Information) Regulations 2018 and ICO guide published

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

Territorial applicability of the GDPR

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

GDPR: Three months to go

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

Four months until GDPR: Which EU countries are ready? How relevant are these laws?

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

Article 29 Working Party releases guidelines on transparency under the GDPR

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

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 releases guidelines on consent under the GDPR

On 28 November 2017, the Article 29 Working Party (“WP29”) published its guidelines on consent under the General Data Protection Regulation (“GDPR”). The guidelines are open for public consultation until 23 January 2018. They provide an analysis of the concept of consent. They also provide practical guidance for organisations on the requirements to obtaining and … 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

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

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 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

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

ICO publishes draft guidance on contracts and liabilities under the GDPR

The UK’s Information Commissioner (ICO) has published draft GDPR guidance on contracts and liabilities between controllers and processors. The draft guidance is currently open for consultation,with responses due by 10 October 2017. The purpose of the guidance is to help organisations understand what needs to be included in written contracts between controllers and processors under … 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

Draft of the Data Protection Bill Published by the UK Government

On 14 September 2017, the Government published the long-awaited draft of the Data Protection Bill (the Bill). The Bill will incorporate the General Data Protection Regulation (EU) 2016/679 into UK law. While the Bill will repeal the existing Data Protection Act 1998 (the DPA), it preserves many of the tailored exemptions which continue to exist … Continue Reading
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