Tag Archives: GDPR

ICO takes action against organisations for failure to pay new data protection fee

On 26 September 2018 the Information Commissioner’s Office (ICO) began formal enforcement action against 34 organisations that have failed to pay their data protection fees. Notices of intent have been served on both private and public sector organisations, including the NHS, government organisations, and businesses in recruitment, finance and accountancy. They have until 17 October … Continue Reading

Spotlight shone on online advertising as complaints are filed with EU supervisory authorities

On 12 September 2018, complaints were filed with the UK Information Commissioner’s Office and the Irish Data Protection Commissioner regarding the “wide scale and systemic breaches of the data protection regime” by Google and others in the online advertising industry (the Complaints). The Complaints The Complaints were submitted by Brave, an ad blocking web browser, … Continue Reading

ICO takes enforcement action against Brexit campaigners

On 6 July 2018, the Information Commissioner’s Office (ICO) issued an enforcement notice against AggregateIQ for failing to comply with the General Data Protection Regulation 2016/679 (GDPR). The enforcement notice was issued as part of the ICO’s investigation into whether personal data was misused by both sides during the Brexit referendum. AggregateIQ The terms of … Continue Reading

First tribunal case overturning an ICO fine for sending marketing emails without opt-in consent

In Xerpla Ltd v. Information Commissioner [2018] UKFTT 2017_0262 (GRC) (14 August 2018), an English General Regulatory Tribunal has overturned a fine, issued by the Information Commissioner’s Office (ICO) against the direct marketing company, Xerpla Ltd, after the ICO determined that Xerpla had failed to obtain the necessary consents for electronic communications to its subscribers. … Continue Reading

When do organisations need to carry out a data protection impact assessment? German authorities provide guidance

The German data protection authorities (German DPAs) have jointly released a list of processing activities (List) that are subject to a data protection impact assessment (DPIA). The List contains 16 examples. What is a DPIA? DPIAs shall help identifying, assessing and minimising the data protection risks of a project in which personal data are processed. … Continue Reading

ICO issues new guidance on international data transfers under GDPR

The Information Commissioner’s Office (ICO) has published new guidance on international data transfers (the guidance) under the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). Ex-EU personal data transfers The GDPR restricts the transfer of personal data to non-EU countries or international organisations. The ICO has clarified that a transfer is restricted if: The GDPR … Continue Reading

Proposed amendments to the ePrivacy Regulation

On 10 July 2018, the Council of the European Union has published a draft of revisions to the proposed ePrivacy Regulation (ePR). The ePR is likely to come into force in 2019. The ePR will repeal and replace the Privacy and Electronic Communications Directive 2002/58/EC. The ePR will align Europe’s ePrivacy regime more closely with … Continue Reading

“Privacy First Policy” to be on November ballot in San Francisco

San Francisco voters will decide on November 6, 2018, whether to enact the city’s “Privacy First Policy” that intends to protect the personal information of residents and visitors from misuse by companies doing business in San Francisco. The policy builds upon the California Consumer Privacy Act passed in June 2018, which gives consumers various rights, … Continue Reading

ICO publishes its 2017/2018 Annual Report

The Information Commissioner’s Office (‘ICO’) has published its 2017/2018 Annual Report, covering the 12 months leading up to 31 March 2018. The report is the ICO’s annual report to Parliament as required by the Data Protection Act 1998 (‘DPA’), and outlines the achievements and work of the ICO. Among the findings reported are the number … Continue Reading

ICO issues guidance on hiring and supporting DPOs

The UK Information Commissioner’s Office (ICO) has issued a resource for organizations to utilise when hiring and structuring the roles of data protection officers (DPO) under the General Data Protection Regulation (GDPR). This blog summarises several key elements of these resources. DPO checklist The checklist contains four sections which include: Appointing a DPO – across … Continue Reading

California’s unanimously passed privacy bill takes its cues from the EU’s GDPR and may significantly shift the legal landscape in the U.S.

California’s new privacy law, the California Consumer Privacy Act of 2018 (AB 375), will go into effect on January 1, 2020. The law expands privacy rights, provides California consumers with more control over the personal information that businesses collect on them, and includes civil penalties and statutory damages for noncompliance. While the new privacy law … Continue Reading

EU’s GDPR applied to promotion marketing

The European Union’s General Data Protection Regulation (GDPR) is underway, and companies and organizations around the world are analyzing its effects on how they collect, use, store and disclose data. U.S.-based sponsors of sweepstakes, contests, instant win games and other promotions opening entry to or targeting Europeans need to be mindful of the GDPR rules … Continue Reading

European Data Protection Board replaces Article 29 Working Party

On 25 May 2018 the European Data Protection Board (EDPB) formally replaced the Article 29 Working Party as the European advisory committee on data protection issues. In addition to taking over Article 29 Working Party’s responsibilities in issuing guidelines, recommendations and statements of best practice, the EDPB, which operates as an independent body of the … Continue Reading

How big is the risk to operate Facebook fan pages in Germany?

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

Data Protection Act 2018 comes into force

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

ICO and NCSC issue guidance on security outcomes under GDPR

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

German authorities: tracking and profiling cookies require opt-in consent

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

European Parliament publishes a corrigendum to the GDPR

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

Article 29 Working Party issues final guidelines on consent

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

Article 29 Working Party adopts finalized guidelines on transparency under GDPR

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

Article 29 Working Party consultation on guidelines for accrediting certification bodies under the GDPR

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

Article 29 Working Party update on GDPR implementation

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
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