General Data Protection Regulation (GDPR)

The Dubai International Financial Centre (DIFC) enacted the DIFC Data Protection Law No. 5 of 2020 (the DP Law) July 1, 2020. The DP Law has been designed primarily to bring DIFC’s data protection legal regime in line with international best practices in data privacy laws, in particular the General Data Protection Regulation (GDPR), which

The novel coronavirus pandemic has created an immediate and immense need for scientific research. Amid this urgency, the European Data Protection Board (EDPB), during its twenty-third plenary session held on April 21, adopted guidelines to shed light on legal questions concerning the use of health data (pursuant to article 4(15) of the General Data Protection Regulation (GDPR)) for such research purposes.

The guidelines reiterate that data protection rules do not hinder measures taken to combat the coronavirus outbreak and in fact provide special rules for the processing of health data for the purpose of scientific research (for instance, in article 9(2)(j) and article 89(2)) that will be applicable in the current crisis.

Data controllers and processors must respect the data protection principles set out in article 5 of the GDPR, and all processing of health data must comply with one of the legal grounds and the specific derogations listed respectively in articles 6 and 9 of the GDPR for the lawful processing of this special category of data. The guidelines specifically address the rules concerning consent and respective national legislation. It also spells out the important aspects of the article 5 principles.
Continue Reading EDPB’s new guidelines relieve concerns over processing health data for scientific research

On 1 March 2017, the UK government published its Digital Strategy (“Strategy”) for a “world-leading digital economy that works for everyone.”. The Strategy contains a number of statements that bring some certainty to the direction of regulation in the UK following its withdrawal from the European Union.

Unlocking the data economy

The Strategy notes the opportunities presented through the use of data analytics, artificial intelligence and the internet of things. Noting a recent Information Commissioner’s Office study, which found that only one in four UK adults trust businesses with personal data, a key aspect of the Strategy is to improve public trust and confidence in the use of data, enabling the UK to house a ‘world-leading’ data economy. To this end, the Strategy confirms that the UK will implement the General Data Protection Regulation by May 2018 (“GDPR”), ensuring a “shared and higher standard of protection for consumers and their data cross Europe and beyond.” Businesses will also be encouraged to adopt ethical frameworks for the use of data.
Continue Reading UK government publishes digital strategy to create and support a secure and thriving data economy

In January, the UK government confirmed that it will be implementing the EU’s Network and Information Security Directive (NIS Directive) regardless of Brexit. EU countries have until 9 May 2018 to implement the Directive into their national laws. Given Brexit, the UK government confirmed in its Cyber Security Regulation and Incentives Review that details of the UK’s implementation of the NIS Directive will be released in 2017.
Continue Reading NIS Directive to be implemented in UK despite Brexit

At the beginning of February, the Minister of State responsible for digital and culture policy, Matt Hancock, reaffirmed the UK’s commitment to implementing legislation mirroring the General Data Protection Regulation (GDPR), and ensuring the uninterrupted flow of personal data between the UK and EU post Brexit.

Reaffirmed Commitment to the GDPR
Continue Reading UK Reaffirms Commitment to GDPR while ICO Increases its International Focus

In early January, the Article 29 Working Party (WP29) adopted its 2017 Action Plan (Action Plan) on the implementation of the General Data Protection Regulation (GDPR).

Amongst the actions proposed, the Action Plan provides a list of guidelines to be published throughout the year; which are set to cover:
Continue Reading Article 29 Working Party adopts its 2017 Action Plan