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

Norton Rose Fulbright - Data Protection Report blog

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.

The DGR’s relationship to competition law rules

The DGR specifies that:

  • It does not affect the application of EU competition rules – in particular rules on the exchange of competitively sensitive information between actual or potential competitors through data
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EU data governance regulation – A wave of digital, regulatory and antitrust reform begins – Part Two

Norton Rose Fulbright - Data Protection Report blog

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 providers and data altruism under the DGR, and consider the potential impact on businesses.

New regime for data sharing service providers

The EC anticipates that providers of data sharing services, or data intermediaries, will play a key role in … Continue Reading

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

Norton Rose Fulbright - Data Protection Report blog

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 it in the context of other reforms proposed by the EC, consider public-sector data sharing under the DGR, and look at its potential impact on businesses.

The DGR, proposed in the EC’s February 2020 Digital Strategy, is the … Continue Reading

Bill C-11: Canada proposes new data privacy legislation

Norton Rose Fulbright - Data Protection Report blog

On November 17, 2020, the Minister of Innovation, Science and Industry, Navdeep Bains, tabled proposed legislation in Parliament that aims to overhaul Canada’s data privacy law. Bill C-11, entitled An Act to enact the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act and to make consequential and related amendments to other Act, will create new data privacy obligations and new enforcement mechanisms for these obligations if it becomes law.… Continue Reading

COVID tracing & AI: Physically distant, socially together

Data Protection Report - Norton Rose Fulbright

As the second wave of COVID-19 spreads across Canada, the use of COVID-19 tracing apps is on the rise. For example, the Government of Canada released COVID Alert–an app using Bluetooth technology to help people report positive diagnoses, and control the spread of the virus. The success of the app depends on a high quantity of users, but concerns over privacy and the use of artificial intelligence (AI) in analyzing the data may hinder that objective.

COVID tracing apps

With the launch of COVID Alert, Canada joined 40 other countries that have launched tracing apps. The Bluetooth-based app … Continue Reading

German Court cuts multimillion GDPR fine by 90%

Norton Rose Fulbright - Data Protection Report blog

In December 2019,  the German Federal Commissioner for Data Protection and Freedom of Information (“Federal DPA”) levied a € 9.55m fine against 1&1 Telecom (“1&1”), a German telecom company.  On 11 November 2020, the Regional Court (Landgericht) of Bonn (the “Court”) slashed the fine to just € 900,000, on the basis that it was disproportionate.  The Court considered that too much emphasis had been given to the turnover of 1&1 at a group level in calculating the fine, calling the calculation model used by the German authorities into question.

The facts

The Federal … Continue Reading

Hong Kong introduces a contact tracing app

Norton Rose Fulbright - Data Protection Report blog

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 the venue QR code. It has been reported that over 6,000 public and private venues will support the app.

Also in the region, the Singapore government is aiming to make use of its contact tracing app mandatory by the end of 2020. It is proposed … Continue Reading

NT Analyzer Webinar: Solving Apple’s new app privacy requirement

Solving Apple's New App Privacy Requirement

Please join us for an NT Analyzer Webinar, Solving Apple’s new app privacy requirement. Head of NRF Digital Analytics and Technology Assessment Platform for the US Steven Roosa and Associate Dan Rosenzweig as they walk through the upcoming Apple requirements, and showcase the NT Analyzer Apple dashboard solution.… Continue Reading

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

Data Protection Report - Norton Rose Fulbright

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 the year.

The new SCCs aim to modernise the clauses in line with the GDPR and to cover a multitude of different types of transfers to cater for “the complexity of modern processing chains”.  The clauses also aim to “provide for Continue Reading

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