Tag archives: GDPR

European rulings on the use of Google Analytics and how it may affect your business

Photo of Steve Roosa (US)Photo of Christoph Ritzer (DE)Photo of Nadège Martin (FR)Photo of Jurriaan JansenPhoto of Daniel Rosenzweig (US)Photo of Naomi SchuitemaPhoto of Natalia Filkina (DE)Photo of Barbara Ghebali (FR)By Steve Roosa (US), Christoph Ritzer (DE), Nadège Martin (FR), Jurriaan Jansen, Daniel Rosenzweig (US), Naomi Schuitema, Natalia Filkina (DE) and Barbara Ghebali (FR) on Posted in Cybersecurity, NT Analyzer Blog Series, Privacy law
European rulings on the use of Google Analytics and how it may affect your businessRecent decisions out of the EU will impact the use of Google Analytics and similar non-European analytics services when targeting EU individuals, with the potential to put many organizations at risk of receiving GDPR fines. At issue was the transfer of personal data from the EU to the US through the use of Google Analytics. … Continue reading

Over-retention of personal data

Photo of David Kessler (US)Photo of Marcus EvansPhoto of Susan Ross (US)By David Kessler (US), Marcus Evans and Susan Ross (US) on Posted in Compliance and risk management
Norton Rose Fulbright - Data Protection Report blogThe declining cost of electronic data storage may have caused some company executives to conclude that retaining personal data forever is “cheap.”  Perhaps the CNIL’s  €1.75 million (USD $2,051,930) penalty for over-retention will lead to a different view. The matter involved one of France’s largest insurers, SGAM AG2R LA MONDIALE, which was subject to an … Continue reading

Selling and utilising personal data in an insolvency situation

Photo of Marcus EvansPhoto of Rebecca Oliver (UK)By Marcus Evans, Janine Regan (UK), Rebecca Oliver (UK) and Alice Routh (UK) on Posted in Compliance and risk management
Data Protection Report - Norton Rose FulbrightMany businesses are suffering serious financial difficulties as a result of COVID-19, particularly those in the retail, hospitality and tourism sectors.  For many of these businesses the one asset that will undoubtedly retain value, despite the pandemic, will be their customer database.  This valuable commodity could help attract potential purchasers. But this is a tricky … Continue reading

Reflecting on APAC Data Protection and Cyber-security Highlights for 2019 (and what lies ahead!)

Photo of Anna GamvrosBy Anna Gamvros and Libby Ryan (HK) on Posted in General
Norton Rose Fulbright - Data Protection Report blog2019 saw continued growth and change in data protection and cyber-security across the Asia-Pacific. Following the implementation of the GDPR in May, 2018, many jurisdictions moved to review and strengthen existing data privacy and cyber-security laws. In addition, 2019 saw regulators publishing findings in respect of some of the largest data incidents of 2018. We … 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

The right to be forgotten: the CJEU sides with Google in two landmark cases

Photo of Nadège Martin (FR)Photo of Nilofar Moini Shabestari (FR)By Nadège Martin (FR) and Nilofar Moini Shabestari (FR) on Posted in Dispute resolution and litigation
Norton Rose Fulbright - Data Protection Report blogOn 24 September 2019 the Court of Justice of the European Union (CJEU) gave two judgments (Cases C-507/17 and C-136/17) ruling that: (i) de-referencing by Google should be limited to EU Member States’ versions of its search engine with some important qualifications; and (ii) when Google receives a request for de-referencing relating to a link … 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

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’s draft Age Appropriate Design Code could seriously impact processing of under 18’s personal data

Photo of Fiona Bundy-Clarke (UK)By Fiona Bundy-Clarke (UK) on Posted in Regulatory response
Data Protection Report - digital privacy, CCPA and cybersecurityOn 15 April 2019, the ICO opened a public consultation on a draft code of practice titled Age Appropriate Design (the “Code”).  The Code will remain open for public consultation until 31 May 2019. The consultation document is described as a “code of practice for online services likely to be accessed by children.”  However, its … Continue reading

ICO blog post on AI and solely automated decision-making

Photo of Lara White (UK)Photo of Marcus EvansPhoto of Magdalene Lie (UK)By Lara White (UK), Marcus Evans 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

German court ruled that protection of the whistle-blower confidentiality does not generally override the data subject access right

Photo of Christoph Ritzer (DE)Photo of Cornelia Marquardt (DE)Photo of Natalia Filkina (DE)By Christoph Ritzer (DE), Cornelia Marquardt (DE) and Natalia Filkina (DE) on Posted in Enforcement
Data Protection Report - Norton Rose FulbrightA mid-level German employment court recently had to consider the scope of subject access requests under the EU General Data Protection Regulation (GDPR) in the context of compliance and whistle-blowing regimes. The Regional Labour Court (Landesarbeitsgericht) of Stuttgart decided that an employer was required not only to provide an employee with the records containing performance … Continue reading

GDPR, CCPA and beyond: Changes in data privacy laws and enforcement risks to monitor in 2019

Photo of Jeewon Kim Serrato (US)Photo of Daniel Rosenzweig (US)By Jeewon Kim Serrato (US) and Daniel Rosenzweig (US) on Posted in CCPA, Compliance and risk management, Enforcement
Norton Rose Fulbright - Data Protection Report blogThis is the Data Protection Report’s eighth blog post in series of CCPA blog posts that will break down the major elements of the CCPA. Stay tuned for additional posts on the CCPA. With significant enforcement activity and new laws being enacted or proposed since the start of the year, regulators in the EU and … Continue reading

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

Photo of David Kessler (US)Photo of Christoph Ritzer (DE)Photo of Sven Jacobs (DE)Photo of Anna Rudawski (US)Photo of Max Kellogg (US)By David Kessler (US), Christoph Ritzer (DE), Sven Jacobs (DE), Anna Rudawski (US) and Max Kellogg (US) on Posted in Compliance and risk management, Enforcement, Regulatory response
Norton Rose Fulbright - Data Protection Report blogOn 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

Photo of Marcus EvansPhoto of Lara White (UK)Photo of Cécile Auvieux (FR)By Marcus Evans, Lara White (UK) and Cécile Auvieux (FR) on Posted in Compliance and risk management, Cybersecurity, Enforcement, Regulatory response
Norton Rose Fulbright - Data Protection Report blogOn 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

EDPB clarifies territorial scope of the GDPR

Photo of Marcus EvansPhoto of Anna Rudawski (US)By Marcus Evans and Anna Rudawski (US) on Posted in Compliance and risk management, Data breach, Regulatory response
Norton Rose Fulbright - Data Protection Report blogOn 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

Vicarious liability in the data breach context – bad news for UK employers?

Photo of Steven Hadwin (UK)Photo of Mya Joel (UK)Photo of Marcus EvansPhoto of Catrina Smith (UK)Photo of Amanda Sanders (UK)By Steven Hadwin (UK), Mya Joel (UK), Marcus Evans, Catrina Smith (UK) and Amanda Sanders (UK) on Posted in Data breach
Data Protection Report - Norton Rose FulbrightThe Court of Appeal has upheld a decision of the High Court  holding that an employer can be vicariously liable for data breaches caused by the actions of an employee, even where the employee’s actions were specifically intended to harm the employer. This decision is significant as it means a company can be held liable … Continue reading

California Consumer Privacy Act: GDPR-like definition of personal information

Photo of Chris Cwalina (US)Photo of Jeewon Kim Serrato (US)Photo of Steve Roosa (US)Photo of Tristan Coughlin* (US)By Chris Cwalina (US), Jeewon Kim Serrato (US), Steve Roosa (US) and Tristan Coughlin* (US) on Posted in CCPA
Data Protection Report - Norton Rose FulbrightThis is the Data Protection Report’s third blog post in a series of CCPA 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 the CCPA’s broad definition of Personal Information. Stay tuned for additional blogs and information … Continue reading
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