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The European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) announced their joint opinions on the draft standard contractual clauses (SCCs) previously published by the European Commission in November 2020. The opinions cover the SCCs between controllers and processors and the SCCs for the transfer of personal data to third countries.  We have previously commented on both sets of drafts here and here.

Controller to processor SCCs

In their joint opinion, both the EDPB and the EDPS, welcomed the controller to processor SCCs as a single, strong, and EU-wide accountability tool, which will facilitate compliance with the General Data Protection Regulation (GDPR) and provide much needed legal certainty to controllers and processors. However, the EDPB and EDPS noted that more clarity should be provided as to when the controller to processor SCCs can be relied upon. Further amendments were also noted as needed, for example the docking clause, which allows additional entities to accede to the controller to processor SCCs. It was also noted that the SCCs Annexes should be amended to clarify the roles and responsibilities of each of the parties as much as possible with regard to each processing activity. The EDPB and EDPS consider these additional amendments as necessary to ensure harmonisation and legal certainty across the EU when it comes to contracts between controllers and their processors.
Continue Reading The EDPB and EDPS adopt joint opinions on the new draft SCCs

In April 2018 the European Commission (Commission) published its Communication on the digital transformation of health and care in the Digital Single Market (Communication). The Commission outlined the need for reforms to health care systems and the development of innovative digital solutions. On 6 December 2018, the European Economic and Social Committee (EESC) published its opinion on the Communication (Opinion) in which it expressed its agreement with the vision set out by the Commission.

Opinion of the European Economic and Social Committee

The EESC noted its support of the Commission’s proposed action in relation to three main areas: (i) secure access of the public to, and sharing of, health data across borders; (ii) disease prevention and personalised health and care; and (iii) digital tools for citizen empowerment and person-centred care.

The Opinion focuses on the impact of digital transformation on five main areas:

Continue Reading Digital transformation of health and care

There isn’t much that all members of the U.S. Senate can agree on these days, but protecting the ability of consumers to write reviews of businesses has emerged as a uniting issue.

The Senate voted unanimously December 14 to approve the Consumer Review Freedom Act, which outlaws contract provisions that prohibit or restrict individuals’ ability to write reviews of the products or services provided under the contract, such as by imposing fines for such reviews or transferring the copyright in such reviews to the business. The Federal Trade Commission would enforce the Act and is instructed to provide businesses with best practices for compliance. The Act, introduced by Republican Sen. John Thune, passed with an amendment clarifying that website operators may still include contract provisions reserving their right to remove certain content, including content that is unlawful, false, or misleading.
Continue Reading Consumer Review Freedom Act of 2015 Wins Support of Every Senator