Topic: Regulatory response

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The UK Government unveils its post-Brexit plans to shake up data protection laws

On 26 August 2021, in a move that puts it on a potential collision course with the EU, the UK Government made a number of announcements relating to the future of the UK’s data protection regime, with the stated intention of “seizing the opportunity” by “developing a world leading data policy that will deliver a … Continue reading

“Am I a CII operator?” – New regulation in China provides more clarity

By Anna Gamvros (HK) and Lianying Wang (CN) on August 18, 2021 Posted in Cybersecurity, Data Transfer, Regulatory response

Data Protection Report - Norton Rose Fulbright

China’s Cyber Security Law (CSL), enacted in 2016, requires operators of critical information infrastructure (CII) to follow a number of enhanced security obligations, including storing within China all personal information and important data collected or generated during their operations in China. Given the more onerous obligation on CII operators, we are constantly asked the same … Continue reading

Subject Access Request: Germany’s highest court widens the scope of data subject access requests in Germany

By Christoph Ritzer (DE) and Natalia Filkina (DE) on July 28, 2021 Posted in General, Regulatory response

Germany’s highest civil court, the Federal Court Of Justice (Bundesgerichtshof, the FCJ), has just published a decision specifying the scope of data subject access requests (DSARs). The FCJ held that Article 15 of the EU General Data Protection Regulation (GDPR) has a broader scope than previously understood in Germany. Pursuant to the court’s decision, Article 15 … Continue reading

It must be as easy to reject cookies as it is to accept them: 40 additional organizations on the radar of the CNIL

By Lara White (UK) and Barbara Ghebali (FR) on July 27, 2021 Posted in Enforcement, Regulatory response

As part of its global strategy to ensure compliance with its new cookies mandatory guidelines, and as announced in its priority control themes for 2021, in May 2021 the CNIL issued formal notices to over twenty organizations (including international actors in the digital economy and some public bodies) for not enabling users to accept or … Continue reading

EU’s possible Data Act: What can we anticipate from the Inception Impact Assessment and the Consultation?

By Seiko Hidaka (UK) and Jay Modrall (BE) on July 5, 2021 Posted in Data Transfer, Enforcement, Regulatory response

The European Commission (EC) signalled plans for a new Data Act, to be published in late 2021, in its February 2020 Data Strategy Communication. The EC revealed more details in its 2021 Consultation and Inception Impact Assessment. The responses to the Consultation and Inception Impact Assessment are bound to shape the future of EU’s digital … Continue reading

EU – UK data transfers can continue: UK receives much welcome adequacy decision

By Marcus Evans (UK) and Janine Regan (UK) on June 28, 2021 Posted in Data Transfer, Regulatory response

Norton Rose Fulbright - Data Protection Report blog

The European Commission has today published a positive adequacy finding in respect of the UK’s data protection regime (the Decision). This means that personal data can continue to flow freely from the EU to the UK without the need for organisations to take further measures. For the time-being, however, the Decision does not concern personal … Continue reading

The EDPB publishes its finalised version of the Recommendations on supplementary measures

By Marcus Evans (UK), Lara White (UK) and Christoph Ritzer (DE) on June 22, 2021 Posted in Data Transfer, Regulatory response

On 21 June 2021, the European Data Protection Board (EDPB) published its finalised version of the Recommendations on supplementary measures (the Recommendations) to assist companies comply with the Schrems II judgement. This comes just a couple of weeks after the European Commission (the Commission) published new, revised Standard Contractual Clauses (New SCCs) (read our blog … Continue reading

A deeper dive into the new Standard Contractual Clauses

By Janine Regan (UK), Marcus Evans (UK), Lara White (UK) and Christoph Ritzer (DE) on June 7, 2021 Posted in Data Transfer, Regulatory response

On Friday 4 June, the European Commission published the finalised version of the new Standard Contractual Clauses for transferring personal data from the EU to third countries (the New SCCs). Privacy professionals have been waiting for the New SCCs for several years and have been particularly interested to know if the New SCCs will help … Continue reading

European Commission publishes much anticipated finalised Standard Contractual Clauses

By Marcus Evans (UK), Lara White (UK), Christoph Ritzer (DE) and Janine Regan (UK) on June 4, 2021 Posted in Data Transfer, Regulatory response

The European Commission has today published the finalised version of the new Standard Contractual Clauses (the new SCCs). The purpose of the new SCCs are to help companies legalise transfers of personal data from outside of the EEA. They will also be a lawful mechanism for UK companies to use too. The new SCCs were … Continue reading

Proposed amendments to the Personal Data (Privacy) Ordinance to combat doxxing acts

By Anna Gamvros (HK), Ruby Kwok (HK) and Edward Yau (HK) on June 3, 2021 Posted in Regulatory response

The Hong Kong Government is proposing amendments to the Personal Data (Privacy) Ordinance (the “PDPO”) to combat doxxing acts. On 17 May 2021, the Constitutional and Mainland Affairs Bureau (the “CMAB”) published a discussion paper on the proposed amendments to the Personal Data (Privacy) Ordinance to combat doxxing acts (LC Paper No. CB(4)974/20-21(03)) (the “Paper”). … Continue reading

NYDFS settles cybersecurity regulation matter for $3 million

By David Kessler (US) and Susan Ross (US) on April 22, 2021 Posted in Cybersecurity, Data breach, Regulatory response

On April 14, 2021, the New York Department of Financial Services (NYDFS) announced a $3 million settlement with insurance company National Securities Corp. (NSC), relating to violations of three different requirements of the NYDFS cybersecurity regulation during the period 2018 to 2020.… Continue reading

EDPB cautiously welcomes UK adequacy finding

By Lara White (UK) and Janine Regan (UK) on April 16, 2021 Posted in General, Regulatory response

Yesterday, the European Data Protection Board (EDPB) published its opinion on the European Commission’s draft Decision that the UK ensures an adequate level of protection for personal data (the Opinion). The Opinion was adopted by the EDPB on 13 April 2021, a couple of days before the Opinion’s official publication on 15 April 2021. The … Continue reading

EU Commission draft UK Data Protection Adequacy Decision published

By Marcus Evans (UK) and Shiv Daddar (UK) on February 19, 2021 Posted in Enforcement, General, Regulatory response

Following nine months of assessment of the UK’s data protection laws (including the rules on access to data by public authorities), the European Commission has today published its draft decision on the adequate protection of personal data by the United Kingdom. The draft decision can be found here. The draft decision is welcome news to … Continue reading

Germany: Data protection authorities announce closer monitoring of data transfers to the US after Schrems II

By Ingemar Kartheuser and Natalia Filkina (DE) on February 18, 2021 Posted in Data Transfer, Regulatory response

Following the CJEU’s Schrems II ruling (case C-311/18 of July 16, 2020), transfers of personal data to the US are coming under close scrutiny by the German data protection authorities. Some German data protection authorities have announced that they will be taking a stricter approach against companies that fail to comply with the Schrems II … Continue reading

Tentative further steps towards an agreed ePrivacy Regulation

By Lara White (UK) and Fiona Bundy-Clarke (UK) on February 15, 2021 Posted in Regulatory response

It has been some months since we wrote about the ePrivacy Regulation and some years since the first draft was proposed. Since then, we have seen numerous delays in achieving an agreed form of legislation, caused in part by strong views on how privacy and confidentiality shape the development of electronic communications services and passionate … Continue reading

EU data governance regulation – A wave of digital, regulatory and antitrust reform begins – Part Three

By Marcus Evans (UK), Jay Modrall (BE) and Michael Sinclair (UK) on December 17, 2020 Posted in Regulatory response

On 25 November 2020, the European Commission (EC) published its proposed Data Governance Regulation (the DGR), which will create a new legal framework to encourage the development of a European single market for data. This is part three of a series of three blog posts. In this blog post, we consider the DGR’s relationship to competition law rules. … Continue reading

EU data governance regulation – A wave of digital, regulatory and antitrust reform begins – Part Two

By Marcus Evans (UK), Jay Modrall (BE) and Michael Sinclair (UK) on December 17, 2020 Posted in Regulatory response

On 25 November 2020, the European Commission (EC) published its proposed Data Governance Regulation (the DGR), which will create a new legal framework to encourage the development of a European single market for data. This is part two of a series of three blog posts. In this blog post, we outline the new regimes for data sharing service … Continue reading

EU data governance regulation – a wave of digital, regulatory and antitrust reform begins – Part 1

By Marcus Evans (UK), Jay Modrall (BE) and Michael Sinclair (UK) on December 17, 2020 Posted in Regulatory response

On 25 November 2020, the European Commission (EC) published its proposed Data Governance Regulation (the DGR), which will create a new legal framework to encourage the development of a European single market for data. This is part one of a series of three blog posts. In this first blog post, we outline key aspects of the DGR, set … Continue reading

Hong Kong introduces a contact tracing app

By Anna Gamvros (HK) and Edward Yau (HK) on November 15, 2020 Posted in Cybersecurity, Enforcement, Regulatory response

As countries around the globe continue to battle the COVID-19 pandemic, contact tracing apps continue to evolve and be developed. On November 16, 2020, the Hong Kong government is launching a voluntary contact tracing app. The app, known as LeaveHomeSafe, will enable users to record the date and time they visited participating venues by scanning … Continue reading

European data export bonanza: revised SCCs and EDPB Schrems II guidance published

By Marcus Evans (UK), Lara White (UK), Christoph Ritzer (DE) and Janine Regan (UK) on November 13, 2020 Posted in Data Transfer, Regulatory response

On 12 November, the European Commission published revised Standard Contractual Clauses (SCCs) and a draft implementing decision. A feedback period on the draft documents will run until 10 December. Therefore, it is not possible to give a precise date for when the draft SCCs will become final but it could be by the end of … Continue reading

Two new CJEU judgments further tighten limits of government surveillance – significant for impending UK adequacy decision and “Schrems II country assessments”

By Marcus Evans (UK) and Janine Regan (UK) on October 15, 2020 Posted in Data breach, Data Transfer, Regulatory response

On 6 October 2020, the Court of Justice of the European Union (CJEU) published two decisions that further define the permitted scope of governmental access to personal data. These decisions are relevant in two key areas: Complying with the Schrems II judgement: The judgment provides some guidance on how organisations should undertake the “case-by-case assessments” … Continue reading

ICO provides guidance on calculating monetary penalties

By Marcus Evans (UK), Lara White (UK), Steven Hadwin (UK), Janine Regan (UK) and Ally Corbridge (UK) on October 7, 2020 Posted in Enforcement, Regulatory response

On 1 October 2020, the UK Information Commissioner’s Office (ICO) published draft statutory guidance, providing clarity about how it will regulate and enforce data protection legislation in the UK. The guidance, which sits alongside the ICO’s Regulatory Action Policy, covers the ICO’s range of enforcement powers, but of most interest is the section on how … Continue reading

Schrems II: recent developments – waiting is harder

By Marcus Evans (UK) and Janine Regan (UK) on September 9, 2020 Posted in Compliance and risk management, Data Transfer, Enforcement, Regulatory response

In the immediate aftermath of the Schrems II judgement, Bruno Gencarelli (Head of the International data flows and protection unit at the European Commission) said that “Schrems II is data transfers from theory to practice”. There have been several major developments over the last couple of weeks (explained below) which show this to be an … Continue reading

Algorithmic Decision-making and the UK ICO’s Guidance on AI

By Magdalene Lie (UK) on September 8, 2020 Posted in General, Regulatory response

Algorithmic decision-making has been in the news of late. From Ofqual’s downgrading of students’ A-level results[1] to the complaint lodged by None of Your Business’ against the credit rating agency CRIF for failing (amongst other things) to be transparent about the reasons why a particular applicant had been given a negative rating[2]. We have been … Continue reading