Tag archives: data protection

NYDFS Requires COVID-19 Plans by April 9

Photo of Susan Ross (US)Photo of Kathleen Scott (US)By Susan Ross (US) and Kathleen Scott (US) on Posted in Compliance and risk management, Cybercrime, Cybersecurity, Dispute resolution and litigation, Enforcement, General
Norton Rose Fulbright - Data Protection Report blogOn March 10, 2020, the New York Department of Financial Services (NYDFS) issued guidance to all of its regulated institutions engaged in virtual currency business activity, requiring them to have plans for preparedness to manage the possible operational and financial risks posed by the COVID-19 pandemic. NYDFS requires the plans to be submitted by Thursday, April 9, … Continue reading

Personal data protection in the time of coronavirus (Covid-19)

Photo of Barbara Li (CN)Photo of Bohua Yao (CN)By Barbara Li (CN) and Bohua Yao (CN) on Posted in Compliance and risk management
Norton Rose Fulbright - Data Protection Report blogOutbreak of the coronavirus and personal data privacy The fast-spreading coronavirus (Covid-19) has infected thousands of people in China and in over 20 other countries. This coronavirus outbreak, originating in Wuhan, a large city located in the central region of China, has been declared a Public Health Emergency of International Concern (PHEIC) by the World … Continue reading

The CNIL releases draft practical guidance on cookies consent

Photo of Nadège Martin (FR)Photo of Cécile Auvieux (FR)By Nadège Martin (FR) and Cécile Auvieux (FR) on Posted in Compliance and risk management
Data Protection Report - Norton Rose FulbrightThe CNIL has published draft recommendations on how to obtain consent when placing cookies. This is following the publication of its revised “Guidelines on the implementation of cookies or similar tracking technologies” which was published in July 2019 (see our article here). The objective of the recommendations is to provide stakeholders with practical guidance and … Continue reading

First multi-million GDPR fine in Germany: €14.5 million for not having a proper data retention schedule in place

Photo of Christoph Ritzer (DE)Photo of Natalia Filkina (DE)By Christoph Ritzer (DE) and Natalia Filkina (DE) on Posted in Enforcement
Data Protection Report - Norton Rose FulbrightOn October 30, 2019 the Berlin Commissioner for Data Protection and Freedom of Information (Berliner Beauftragte für Datenschutz und Informationsfreiheit – Berlin DPA) issued a €14.5 million fine on a German real estate company, die Deutsche Wohnen SE (Deutsche Wohnen),  the highest German GDPR fine to date. The infraction related to the over retention of personal … Continue reading

No surprises in the recent Planet49 European Court of Justice judgment

Photo of Christoph Ritzer (DE)Photo of Natalia Filkina (DE)Photo of Lara White (UK)By Christoph Ritzer (DE), Natalia Filkina (DE) and Lara White (UK) on Posted in Dispute resolution and litigation
Data Protection Report - Norton Rose FulbrightOn 1 October 2019, the European Court of Justice (ECJ) delivered its judgement on Case C – 673/17 (the “Planet49” case), which relates to the consent and transparency requirements for the use of cookies and similar technologies. The ECJ largely followed the March 2019 Opinion of Advocate General Szpunar and the judgment is generally consistent … Continue reading

Data protection and cyber risk issues in arbitration – dealing with regulation, cyber attacks and hacked evidence

Photo of Ben Grant (UK)By Ben Grant (UK) and Admin on Posted in Cybercrime, Cybersecurity, Data breach, Dispute resolution and litigation, General
The GDPR has significantly altered the landscape of data protection. Its broad scope and potentially severe penalties have forced those who hold and process data to take note of its provisions. In certain instances, that will include many in the international arbitration community, such as arbitral institutions. In parallel, cyber attacks and instances of hacking … Continue reading

Deadline extended for compulsory registration on Data Controller registry

Photo of Ekin Inal (TR)By Ekin Inal (TR) on Posted in Compliance and risk management
Norton Rose Fulbright - Data Protection Report blogObligations We previously reported that 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 … Continue reading

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

Photo of Ekin Inal (TR)By Ekin Inal (TR) on Posted in Regulatory response
Norton Rose Fulbright - Data Protection Report blogObligations 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

The CNIL publishes new guidelines on cookies and other similar technologies

Photo of Nilofar Moini Shabestari (FR)Photo of Nadège Martin (FR)By Nilofar Moini Shabestari (FR) and Nadège Martin (FR) on Posted in Compliance and risk management
Data Protection Report - digital privacy, CCPA and cybersecurityOn 4 July 2019, the CNIL published new guidelines on cookies and other similar technologies, repealing its 2013 cookie guidance in order to align its position with the GDPR’s new requirements on consent. These guidelines will be supplemented during the first quarter of 2020 by sectoral recommendations aimed at providing practical guidance to stakeholders on … Continue reading

Website operators joint controllers with third-party plugin providers

Photo of Lara White (UK)Photo of Natalia Filkina (DE)Photo of Shiv Daddar (UK)By Lara White (UK), Natalia Filkina (DE) and Shiv Daddar (UK) on Posted in Enforcement
Norton Rose Fulbright - Data Protection Report blogOn 29 July 2019, the European Court of Justice (ECJ) issued its judgement on Case C-40/17 (the “Fashion-ID” case). In its ruling, the ECJ held that operators of websites embedding Facebook’s “Like” button act as data controllers jointly with Facebook in respect of the collection and transmission to Facebook of the personal data of visitors … Continue reading

German M&A Deals: Share Deals Remain the Only Secure Way to Transfer All Customer Data

Photo of Christoph Ritzer (DE)By Christoph Ritzer (DE) on Posted in Compliance and risk management
Data Protection Report - Norton Rose FulbrightThe German data protection authorities, acting as the German data protection conference (Datenschutzkonferenz), recently published guidance on how to transfer customer data in an asset deal. The guidance runs through various scenarios. In most cases, a bulk transfer of all customer data is not permitted. Further, the guidance makes no mention of, or allowance for, … Continue reading

New CNIL €400,000 fine for data security breaches and non-compliance with data retention period under the GDPR

Photo of Nadège Martin (FR)Photo of Nilofar Moini Shabestari (FR)By Nadège Martin (FR) and Nilofar Moini Shabestari (FR) on Posted in Data breach, Enforcement
Data Protection Report - Norton Rose FulbrightFollowing the now famous €50m fine imposed on Google LLC in January 2019,[1] the French Data Protection Authority (the CNIL) published a decision taken on 28 May 2019[2] imposing a fine of €400,000 on SERGIC, a company specialised in real estate development, purchase, sale, rental and property management.… Continue reading

ICO blog post on AI and solely automated decision-making

Photo of Lara White (UK)Photo of Marcus Evans (UK)Photo of Magdalene Lie (UK)By Lara White (UK), Marcus Evans (UK) and Magdalene Lie (UK) on Posted in Compliance and risk management
Data Protection Report - Norton Rose FulbrightThe ICO has published a blog post on the role of “meaningful” human reviews in AI systems to prevent them from being categorised as “solely automated decision-making” under Article 22 of the GDPR. That Article imposes strict conditions on making decisions with legal or similarly significant effects based on personal data where there is no … Continue reading

Parenting support club Bounty fined in ‘unprecedented’ data breach

Photo of Lara White (UK)By Lara White (UK) on Posted in Enforcement
Norton Rose Fulbright - Data Protection Report blogOn 12 April, the Information Commissioners Office (ICO) fined Bounty, a pregnancy and parent support club, £400,000 for illegally sharing personal data belonging to more than 14 million people. As the contravention took place just before the General Data Protection Regulation (GDPR) came into force, the fine was issued under the Data Protection Act 1998 … Continue reading
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