Tag archives: GDPR

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

US Supreme Court expands digital privacy rights in Carpenter v. United StatesOn 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

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

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

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

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

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

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

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?

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

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

California passes major legislation, expanding consumer privacy rights and legal exposure for US and global companies

Norton Rose Fulbright - Data Protection Report blogThis is the Data Protection Report’s first post in a series of blog posts that will break down the major elements of the CCPA. Stay tuned for additional CCPA posts. On June 28, 2018, California lawmakers enacted the California Consumer Privacy Act of 2018 (the “CCPA”) a sweeping, GDPR-like privacy law which is intended to … Continue reading

One week into GDPR – what you need to know

Norton Rose Fulbright - Data Protection Report blogWebsites go dark, complaints are filed within an hour, European Commission suffers an embarrassing data leak, and the US Commerce Secretary warns about the unintended trade impact of the law – all in the first week of the GDPR The European Union’s far-reaching General Data Protection Regulation (GDPR) went into effect on 25 May amid … Continue reading

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

Norton Rose Fulbright - Data Protection Report blogThe 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

California privacy initiative likely to increase costs of civil litigation if passed in November

Norton Rose Fulbright - Data Protection Report blogA little more than one month from implementation of GDPR, companies may be tempted to relax and exhale (and if GDPR is still causing you headaches, consult our checklist). After all, the U.S. couldn’t be crazy enough to implement something as onerous and difficult, right? RIGHT?!? Enter California, which appears likely to place an initiative … Continue reading

German DPAs publish templates and guidance on records of processing activities pursuant to Art. 30 GDPR

Data Protection Report - Norton Rose FulbrightThe German Data Protection Authorities (DPAs, acting as the German Data Privacy Conference, Konferenz der unabhängigen Datenschutzbehörden des Bundes und der Länder) recently published templates for the records of processing activities for controllers (Art. 30 para. 1 GDPR) and processors (Art. 30 para. 2 GDPR) together with a corresponding guidance document. This guidance was expected to be released earlier … Continue reading

Working party publishes draft of GDPR guidelines for Article 49 (export derogations)

Data Protection Report - Norton Rose FulbrightOn February 12, 2018, the Article 29 Working Party (WP29) published guidance regarding Article 49 of the General Data Protection Regulation (GDPR) for public comment.  The deadline for submitting comments on the draft is March 26, 2018, and responses should be emailed to JUST-ARTICLE29WP-SEC@ec.europa.eu. Like the current EU Data Protection Directive, the GDPR prohibits the … Continue reading

UK data protection after Brexit – UK government Statement of Intent contains few surprises

Norton Rose Fulbright - Data Protection Report blogOn the 7th August 2017, the UK’s Government Department for Digital, Culture, Media and Sport issued a Statement of Intent (the Statement) outlining its planned reforms of the UK’s data protection laws which are to be implemented by the Data Protection Bill (the Bill). The Statement anticipates the UK’s departure from the EU and makes … Continue reading

Germany’s Parliament Approves Local Data Protection Law to Operate Alongside GDPR

Norton Rose Fulbright - Data Protection Report blogOn April 27, 2017, the German Federal Parliament voted to approve the new proposed German Federal Data Protection Act (“new FDPA”). The law would adapt the current German data protection law to the EU General Data Protection Regulation (GDPR). The federal chamber of the states, the German Federal Council, is expected to approved the new … Continue reading

UK Information Commissioner Updates Paper on Big Data, Artificial Intelligence, Machine Learning, and Data Protection

Data Protection Report - Norton Rose FulbrightOn 1 March 2017, the UK Information Commissioner’s Office (ICO) published a paper on big data, artificial intelligence, machine learning and data protection (replacing its early paper published in 2014). Although the paper is described as a “discussion paper”, it makes a number of recommendations that those involved in big data projects would be well … Continue reading

UK Information Commissioner Publishes Draft GDPR Consent Guidance

Data Protection Report - Norton Rose FulbrightOn March 2, 2017, the UK Information Commissioner’s Office (ICO) published its draft General Data Protection Regulation (GDPR) consent guidance, and called for comments on the guidance. The consultation is open until March 31, 2017. The ICO will issue final guidance in May 2017. The guidance is detailed, and references the various GDPR Articles and … Continue reading

IAPP New York KnowledgeNet Event – GDPR Deep Dive

Please join us as we host the upcoming New York IAPP KnowledgeNet Chapter meeting. A panel of industry legal and operational leaders will discuss the Article 29 Working Party’s guidance on the requirements of Data Protection Officers and Data Portability under the new EU General Data Protection Regulation (GDPR) and describe how best to prepare GDPR’s other enhanced … Continue reading
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