Topic: Regulatory response

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Thailand Personal Data Protection Law

By Tassanai Kiratisountorn, Pimchanok Eianleng, Anna Gamvros (HK) and Ruby Kwok (HK) on February 28, 2020 Posted in Regulatory response

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Background The Personal Data Protection Act B.E. 2562 (2019) (PDPA) was published on 27 May 2019 in Thailand’s Government Gazette and became effective the following day. However, most of the operational provisions, including provisions relating to the rights of a data subject, the obligations of a data controller and the penalties for non-compliance, will become … Continue reading

Application by Privacy Commissioner To Shed Light on Judicial Enforcement of PIPEDA

By Jean-Simon Schoenholz on February 24, 2020 Posted in Compliance and risk management, Cybersecurity, Dispute resolution and litigation, Regulatory response

Data Protection Report - Norton Rose Fulbright

Recent legal action by the Office of the Privacy Commissioner of Canada (OPC) will shed light on the Federal Court’s willingness to enforce and monitor compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA). On February 6, the OPC filed a notice of application (the Application) in the Federal Court seeking a declaration … Continue reading

Changes to Hong Kong’s data protection law discussed by government panel

By Anna Gamvros (HK) and Libby Ryan (HK) on January 21, 2020 Posted in Compliance and risk management, Regulatory response

The discussion paper on the proposed changes to Hong Kong’s Personal Data (Privacy) Ordinance (Cap.486) (the PDPO) was debated by the Legislative Council’s Panel on Constitutional Affairs’ (the Panel) on 20 January. The proposals set out in LC Paper. No. CB(2) 512/19-20(03) (the Paper) are summarised in our earlier post.… Continue reading

Discussion paper published on Hong Kong’s data protection law

By Anna Gamvros (HK) on January 16, 2020 Posted in Regulatory response

Written by Partner Anna Gamvros and Associate Libby Ryan, both based in the Hong Kong office. Earlier this week, the Constitutional and Mainland Affairs Bureau (the CMAB) released its discussion paper (LC Paper. No. CB(2) 512/19-20(03) (the Paper) seeking the Legislative Council’s Panel on Constitutional Affairs’ (the Panel) views on proposed changes to the Personal … Continue reading

Turkish Data Protection Board announces extension of VERBİS registration deadline – once again

By Ekin Inal (TR), Ece Sürmen (TR) and Ecem Naz Boyacıoğlu (TR) on December 31, 2019 Posted in Regulatory response

The Turkish Data Protection Board announced the extension of VERBİS registration deadline until June 30, 2020.… Continue reading

Turkey’s data protection legislation on data controller registry to impact data controllers outside of Turkey

By Ekin Inal (TR) on August 20, 2019 Posted in Regulatory response

Obligations Turkey’s data protection legislation (TDPL) requires data controllers to notify the Turkish DPA of their processing activities. Unless exempt from the requirement, all data controllers (individuals and legal entities) who process personal data in Turkey must be registered with the Turkish DPA’s Register of Data Controllers Information System (VERBİS), prior to processing any personal … Continue reading

FTC to levy unprecedented $US5bn fine against Facebook

By Andrea D'Ambra (US) and Max Kellogg (US) on July 16, 2019 Posted in Data breach, Regulatory response

The Wall Street Journal reported that Federal Trade Commission and Facebook reached a settlement to resolve Facebook’s privacy issues.… Continue reading

EDPB issues new opinion on interplay between Clinical Trials Regulation and the GDPR

By David Kessler (US), Christoph Ritzer (DE), Sven Jacobs (DE), Anna Rudawski (US) and Max Kellogg (US) on February 19, 2019 Posted in Compliance and risk management, Enforcement, Regulatory response

On January 23, 2019, the European Data Protection Board (“EDPB”) issued an opinion on the interplay between the Clinical Trials Regulation (“CTR”) and the General Data Protection Regulation (“GDPR”).… Continue reading

First multi-million Euro GDPR fine: Google LLC fined €50 million under GDPR for transparency and consent infringements in relation to use of personal data for personalized ads

By Marcus Evans (UK), Lara White (UK) and Cécile Auvieux (FR) on January 25, 2019 Posted in Compliance and risk management, Cybersecurity, Enforcement, Regulatory response

On January 21,2019 the French data protection authority (the CNIL) imposed a major fine on the U.S. Google entity, Google LLC. It follows two complaints filed as soon as the GDPR came into force by two consumer rights associations, None of Your Business and La Quadrature du Net. We focus here on four key aspects … Continue reading

European Commission adopts adequacy decision on Japan

By Lara White (UK) and Shiv Daddar (UK) on January 24, 2019 Posted in Regulatory response

On January 23rd 2019, the European Commission adopted its adequacy decision in relation to the export of personal data from the European Union (EU) to Japan. Concurrently, Japan has adopted an equivalent decision in relation to the export of personal data from Japan to the EU. Such mutual decision is the result of two-years of … Continue reading

Pennsylvania Supreme Court holds common law duty for employers extends to protecting sensitive employee information

By Andrea D'Ambra (US) and Max Kellogg (US) on December 7, 2018 Posted in Compliance and risk management, Data breach, General, Regulatory response

On November 21, 2018, the Pennsylvania Supreme Court broke new ground by holding that employers have a legal duty to take reasonable care to safeguard its employees’ sensitive personal information from cyberattacks. … Continue reading

EDPB clarifies territorial scope of the GDPR

By Marcus Evans (UK) and Anna Rudawski (US) on December 6, 2018 Posted in Compliance and risk management, Data breach, Regulatory response

On November 23, 2018, the European Data Protection Board (“EDPB”) issued highly anticipated draft Guidelines (the “Guidelines”) on the territorial scope of the GDPR. See our previous blog posts on the GDPR here and here. The Guidelines provide some clarity around the scope and applicability of the GDPR to data Controllers and Processors both inside … Continue reading

New China Guideline for Internet Personal Information Security Protection

By Barbara Li (CN) and Bohua Yao (CN) on December 5, 2018 Posted in Compliance and risk management, Data breach, Regulatory response

On November 30, 2018 the Cyber Security Protection Bureau, under the auspices of the PRC Ministry of Public Security (the “MPS”), issued a draft Guideline for Internet Personal Information Security Protection (the “Guideline”) along with a request for public comments.… Continue reading

California Consumer Privacy Act blog series: Covered entities

By Jeewon Kim Serrato (US), Steve Roosa (US) and Alexis Wilpon (US) on August 16, 2018 Posted in CCPA, Compliance and risk management, Regulatory response

This is the Data Protection Report’s second post in a series of blog posts that will break down the major elements of the CCPA which will culminate in a webinar on the CCPA in October. This blog focuses on covered entities. Stay tuned for additional posts and information about our upcoming webinar on the CCPA. … Continue reading

Overview of Thailand Draft Personal Data Protection Act

By Natpakal Rerknithi (TH), Anna Gamvros (HK) and Ruby Kwok (HK) on August 6, 2018 Posted in Regulatory response

Data protection laws in Asia continue to be introduced and updated. One of the most recent developments in South East Asia is in Thailand. On 22 May 2018, the Thai Cabinet approved in principle a revised draft of Thailand’s first personal data protection act (Draft Act). This Draft Act is currently under consideration by the … Continue reading

The European Parliament asks for the suspension of the privacy shield

By Chris Cwalina (US), Jeewon Kim Serrato (US), Susan Ross (US) and Tristan Coughlin* (US) on July 17, 2018 Posted in Regulatory response

On July 5, the European Parliament passed a non-binding resolution, asking the European Commission, the EU’s executive body, to suspend the Privacy Shield framework. The EU-US Privacy Shield, designed by the US Department of Commerce and the European Commission, provides a mechanism for companies to transfer personal data between the EU and the US while … Continue reading

US states pass data protection laws on the heels of the GDPR

By Jeewon Kim Serrato (US), Chris Cwalina (US), Anna Rudawski (US), Tristan Coughlin* (US) and Katey Fardelmann (US) on July 9, 2018 Posted in Compliance and risk management, Regulatory response

Several U.S. states have recently introduced and passed legislation to expand data breach notification rules and to mirror some of the protections provided by Europe’s newly enacted General Data Protection Regulation (“GDPR”). See our previous blog posts on GDPR here and here. Like their European counterparts, these state laws are intended to provide consumers with … Continue reading

GDPR is upon us: are you ready for what comes next?

By Jeewon Kim Serrato (US), Steven Hadwin (UK) and Marcus Evans (UK) on May 23, 2018 Posted in Compliance and risk management, Regulatory response

The wait is finally over—this Friday the European Union General Data Protection Regulation (GDPR) will come into force. For many readers of this post, a huge amount of work will have been done in recent months in building up to compliance with the new regime. However, the challenges of GDPR certainly don’t end on the … Continue reading

UK NIS Regulations impose new cybersecurity obligations (and a new penalties regime) on operators of essential services and digital service providers in the UK

By Steven Hadwin (UK) on May 10, 2018 Posted in Compliance and risk management, Regulatory response

The UK NIS Regulations (implementing the NIS Directive) come into force in the UK today (10 May 2018). These Regulations have received limited press attention, in part due to the emphasis that has been placed on GDPR implementation. However, the NIS Regulations represent a significant change in the legal environment relating to cybersecurity in the … Continue reading

FTC, privacy, vendor due diligence and opt-in consent

By Susan Ross (US) on May 10, 2018 Posted in Regulatory response

On April 30, 2018, the U.S. Federal Trade Commission (FTC) released for public comment an administrative complaint and proposed consent agreement with mobile phone manufacturer BLU Products Inc. and its owner and president. Although the FTC has entered into many settlements relating to privacy and data security, this proposed settlement is particularly noteworthy for two … Continue reading

Singapore PDPC responds to feedback on public consultation on approaches to managing personal data

By Stella Cramer (SG), Wilson Ang (SG), Jessica Paulin (SG), David Olds (SG) and Jeremy Lua (SG) on March 11, 2018 Posted in Compliance and risk management, Data breach, Regulatory response

On 1 February 2018, Singapore Personal Data Protection Commission (PDPC) released its response to feedback on its public consultation on approaches to managing personal data in the digital economy, which took place in Q3 2017 (the Public Consultation). The purpose of the Public Consultation, was to seek public feedback on proposed changes to Singapore’s data … Continue reading

WP29 brings Binding Corporate Rules in line with the GDPR

By Lara White (UK) and Anna Rudawski (US) on February 28, 2018 Posted in Regulatory response

On February 6, 2018, the Article 29 Working Party (WP29) adopted updated guidelines on Binding Corporate Rules (“BCRs“), which replace the previous WP29 working documents 153 and 195 on BCRs and Processor BCRs.… Continue reading

Amended Colorado bill aims to enhance data privacy laws

By on February 21, 2018 Posted in Regulatory response

As Data Protection Report posted on January 29, 2018, lawmakers in Colorado are considering legislation that, if enacted, would significantly strengthen Colorado’s data privacy protections. On Wednesday, February 14, 2018, an amended bill passed unanimously in Colorado’s House Committee on State, Veterans and Military Affairs.… Continue reading