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 date this law goes into implementation. We have shared below some interesting points that we’ve seen arising recently, all of which relate to how things are likely to develop from today onwards, including enforcement predictions, challenges related to operationalizing data subject access procedures, and how … Continue Reading
A 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 on the November 2018 ballot that could bring some familiar aspects of GDPR to the sixth largest economy in the world. The proposed initiative, the Consumer Right to Privacy Act of 2018 (the “CRPA”), still needs to obtain the necessary signatures to appear on … Continue Reading
The 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 as the EU General Data Protection Regulation (GDPR) will take effect in less than a hundred days and organisations must meet its requirements from 25 May 2018. However, the guidance does not contain significant new information and mainly confirms … Continue Reading
On 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 onward transfer of Personal Data to: (1) a country that has not been deemed to provide an adequate level of protection (e.g. the U.S.); and (2) where the entity therein has committed to handle the Personal Data of European data subjects applying appropriate safeguards … Continue Reading
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
The GDPR will come into force exactly four months from Thursday. In preparation, the European Commission has released a new website with extensive guidance on GDPR implementation, together with a Fact Sheet containing Q&As on the GDPR. While much of the guidance is already known to privacy professionals, there are new insights as well.… Continue Reading
On 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 it clear that following this, the Bill will transpose the General Data Protection Regulation (the GDPR) into domestic law, stressing the importance of continued efficiency of data flow between the UK and the EU in a post-Brexit world.… Continue Reading
On 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 FDPA in the next month, without major changes. Once approved by the Federal Council, the new FDPA will become effective on May 25, 2018, the same date as the GDPR.
The new FDPA seeks to enhance privacy protections in areas where the GDPR … Continue Reading
On 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 advised to incorporate into their projects, and it firmly rejects suggestions that either the existing data protection framework or the GDPR cannot be applied in this context.
The paper works through the implications of big data against the core data protection principles; it … Continue Reading
On 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 recitals and previous Article 29 Working Party opinions on which it is based. The guidance is also conservative and keen to emphasize the heightened consent requirements that the GDPR mandates (over and above the current data protection law), particularly in the … Continue Reading
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 individual rights.
- Orrie Dinstein, CIPP/US, Chief Privacy Officer, Marsh & McLennan Companies
- Boris Segalis, CIPP/US, Co-Chair, Data Protection, Privacy & Cybersecurity, Norton Rose Fulbright US LLP
- Kelly Symons, CIPM, SVP, Information Governance, MasterCard
Date and time:
- Monday, March 20, 2017
On 10 January 2017, the European Commission published the official proposal of the revised e-Privacy Regulation, which amends the current e-Privacy Directive. Many of the alarming changes that were included in the leaked December draft of the Regulation, which we covered, have been changed, resulting in a practical set of rules that align with the wider EU data protection framework. Below, we highlight key points in the official proposal.… Continue Reading
On 15 December 2016, the Article 29 Working Party (WP29) issued guidelines and FAQs on the provisions in the General Data Protection Regulation (the GDPR) relating to data portability (Guidelines / FAQs), data protection officers (Guidelines / FAQs), and the lead supervisory authority (Guidelines / FAQs). WP29 will accept comments on these guidelines until the end of January 2017.… Continue Reading
Earlier this week, the first draft of the EU’s ePrivacy Regulation was leaked. ePrivacy laws in Europe aim to protect the right to privacy and confidentiality with respect to the processing of personal data in the electronic communications sector (e.g., relating to cookie usage and online direct marketing). The leaked draft is intended to bring the law up-to-date and to align it with other developments in European data protection law. We understand that the leaked draft is still under discussion (and may have been superseded). Nevertheless, the leaked draft may foreshadow what will be contained in the official draft, … Continue Reading
The Article 29 Working Party (WP29) has issued an opinion on the evaluation and review of Directive 2002/58/EC (the ePrivacy Directive). In its opinion, WP29 notes the need for a thorough revision of the rules in the ePrivacy Directive to take into account the technological developments in the digital market and the recent adoption of the General Data Protection Regulation (the GDPR).
Since 2002, the ePrivacy Directive has provided a set of security and privacy measures to be applied specifically in the context of electronic communications in the EU. These measures were laid down to … Continue Reading
On Friday, June 24, the UK electorate voted through a referendum to leave the European Union by a 52% majority. The mechanics of leaving the European Union will be complex, given that the referendum question did not spell out what relationship the UK would have with the EU once it has left, and there is widespread disagreement within the UK government around how and when the United Kingdom’s separation from the European Union should be implemented. One question is what effect Brexit will have on the continued application of the EU General Data Protection Regulation (GDPR) in the … Continue Reading
Over four years in the making, the EU General Data Protection Regulation (GDPR) was finally published in the EU Official Journal on May 4, 2016, giving a concrete application date. It will apply directly in all EU Member States beginning May 25, 2018. The GDPR will repeal and replace Directive 95/46/EC and its Member State implementing legislation.
Together with the Directive on the Processing of Personal Data for the Purpose of Crime Prevention, the GDPR presents the most ambitious and comprehensive changes to data protection rules around the world in the last 20 years. The final official texts … Continue Reading
During their last Data Protection Conference, the German data protection authorities (DPAs) agreed on a resolution on data protection principles that providers of healthcare apps and wearables should consider. According to the resolution, almost a third of the German population 14 years or older uses wearables (body-worn devices that record an individual’s health data) and healthcare apps (mobile device software offering health-related services). The DPAs claim that these devices and apps collect personal health data, which is subsequently transmitted to manufacturers, internet providers, and other third parties.
Healthcare Apps and Wearables Under German Law
In general, under German law, a … Continue Reading
On 8 April 2016 (see here), the Council of the European Union announced that it has formally adopted its position at the first reading on the EU General Data Protection Regulation, a key step in the data protection reform process.
The Council’s position will now be sent to the European Parliament who will vote on whether they approve the Council’s position at first reading. This is expected to take place on Thursday 14 April. If the text is adopted in the European Parliament, it will be scheduled for formal adoption in Council shortly thereafter (which should be a mere … Continue Reading
On January 26, 2016, the French National Assembly adopted the “Digital Republic” bill — a comprehensive bill introducing various provisions to regulate the digital sphere within the French society. Access to public data, neutrality of the Internet, access to the digital sphere and communication networks are some of the main subjects covered by this bill. The bill also addresses the protection of individual rights within the digital sphere. The bill is now under review by the French Senate.
Today the European Council approved its version of the General Data Protection Regulation (GDPR). The next stage is for the European Commission, European Parliament and European Council (each has its own preferred version of the regulation) to jointly agree on the final text of the regulation. These discussions will commence officially on June 24, 2015, and are currently scheduled to produce the final version of the GDPR by December 2015.… Continue Reading