Archives: EU Data Protection

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Irish Parliamentary Committee Hearing Discusses Criticism of the Irish DPC

On April 27, 2021, the Irish Oireachtas Committee on Justice met in Dublin to consider recent written submissions received criticising the Irish Data Protection Commission (DPC).  The meeting was divided into two hour-long meetings with the first meeting devoted to the criticisms of Max Schrems, the Austrian privacy campaigner, and Fred Logue, an Irish data … Continue Reading

German Court Overturns GDPR Fine, Raises Legal Questions About Fines Against Companies

On February 18, 2021, the District Court of Berlin overturned a €14.5 million fine that had been imposed on German real estate company Deutsche Wohnen SE.  The Court held that the fine – which was issued by the Berlin Supervisory Authority (“SA”) and had been the second highest fine in Germany so far under the … Continue Reading

European Commission Publishes Draft UK Adequacy Decisions

On February 19, 2021, the European Commission published two draft decisions finding that UK law provides an adequate level of protection for personal data.  The first would allow private companies in the EU to continue to transfer personal data to the UK without the need for any additional safeguards (e.g., the Commission’s standard contractual clauses), … Continue Reading

French Supervisory Authority Publishes Results of Public Consultation on the Digital Rights of Minors

In January 2021, the French Supervisory Authority (“CNIL”) published a summary report of contributions it received in response to a public consultation and survey on the digital rights of minors launched in April 2020 (see the press release here and a summary report here, both in French).  Stakeholders who responded to the consultation included companies, … Continue Reading

European Commission Publishes Report on EU Member States’ Rules in Relation to Health Data

In February 2021, the European Commission (“Commission”) released a report on European Union (“EU”) Member States’ laws governing the processing of health data.  The report discusses three general types of health data uses: primary use for health care services; secondary use for public health purposes; and secondary use for scientific research purposes. For each of … Continue Reading

Inside Privacy Audiocast: Episode 11 – Latest Developments on the EU’s ePrivacy Regulation

The EU’s ePrivacy Regulation, like the EU GDPR, has been highly anticipated since it was first proposed in 2017. What are the current developments and next steps in the process to enactment? What are some of the complicating factors of the proposed Regulation? Are there major differences between the initial proposal and where the text … Continue Reading

German Supervisory Authorities Plan to Circulate Questionnaires on Personal Data Transfers in Wake of Schrems II Decision

On February 3, 2021, the Conference of the Supervisory Authorities (“SAs”) of Germany (known as the Datenschutzkonferenz or “DSK”) published minutes from its meetings held in November 2020 (available here, in German).  The minutes include discussions about how the German SAs plan to enforce the recent Schrems II ruling of the Court of Justice of … Continue Reading

European Data Protection Board Answers Commission’s Questions on Health Research

On February 2, 2021, the European Data Protection Board (“Board”) responded to questions submitted by the European Commission (“Commission”) on the application of the General Data Protection Regulation (“GDPR”) to health research.  The Board also announced that it is currently working on guidelines on the processing of personal data for scientific research purposes, which it … Continue Reading

European Commission Launches Consultation on Initiative to Fight Child Sexual Abuse

On February 11, 2021, the European Commission launched a public consultation on its initiative to fight child sexual abuse online (the “Initiative”), which aims to impose obligations on online service providers to detect child sexual abuse online and to report it to public authorities. The consultation is part of the data collection activities announced in … Continue Reading

Belgian Supervisory Authority Publishes Guidance on the Secure Destruction of Personal Data

In January 2021, the Belgian Supervisory Authority issued detailed guidance (available in Dutch and French) on how to securely destroy personal data in accordance with the General Data Protection Regulation (“GDPR”).  Among other things, the guidance aims to help controllers and processors comply with their obligations under Article 32 of the GDPR.… Continue Reading

EDPB Publishes Draft Guidelines on Data Breach Notification Examples

On January 18, 2021, the European Data Protection Board (“EDPB”) published its draft Guidelines 01/2021 on Examples regarding Data Breach Notification (“Guidelines”) (available here).  The Guidelines aim to assist data controllers in responding to and assessing the risk of personal data breaches, providing “practice-oriented, case-based guidance” which draws from the experiences of European supervisory authorities … Continue Reading

Inside Privacy Audiocast: Episode 10 – Data Privacy Day 2021: Trends to Watch

On this special tenth episode of our Inside Privacy Audiocast, we celebrate Data Privacy Day 2021. Join Dan Cooper and Kurt Wimmer as they discuss the key global data privacy developments in 2020 and trends to look out for in 2021. Covington’s Inside Privacy Audiocast offers insights into topical global privacy issues and trends. Subscribe … Continue Reading

Spanish Supervisory Authority Issues Guidance on Auditing Data Processing Activities Involving Artificial Intelligence

On January 12, 2020, the Spanish Supervisory Authority (“AEPD”) issued guidance on how to audit personal data processing activities that involve Artificial Intelligence (“AI”) (available here, in Spanish).  The AEPD’s guidance is directed at data controllers and processors, as well as AI developers, data protection officers (“DPO”), and auditors.  The guidance aims to help ensure … Continue Reading

European Commission Conducts Open Consultation on the European Health Data Space Initiative

On December 23, 2020, the European Commission (the “Commission”) published its inception impact assessment (“Inception Impact Assessment”) of policy options for establishing a European Health Data Space (“EHDS”).  The Inception Impact Assessment is open for consultation until February 3, 2021, encouraging “citizens and stakeholders” to “provide views on the Commission’s understanding of the current situation, … Continue Reading

Supervisory Authorities Cannot Circumvent One-Stop-Shop According to CJEU Advocate General

On January 13, 2021, the Advocate General (“AG”), Michal Bobek, of the Court of Justice of the European Union (“CJEU”) issued his Opinion in Case C-645/19 Facebook Ireland Limited, Facebook Inc., Facebook Belgium BVBA v. the Belgian Data Protection Authority (“Belgian DPA”).  The AG determined that the one-stop shop mechanism under the EU’s General Data … Continue Reading

EDPB and EDPS Release Joint Opinion on Draft EU Standard Contractual Clauses

On January 19, 2021, the European Data Protection Board (“EDPB”) and the European Data Protection Supervisor (“EDPS”) issued a joint opinion on the draft standard contractual clauses for international data transfers (“draft SCCs”) published by the European Commission (“EC”) on November 12, 2020, including a marked-up version of the clauses. The EDPB/EDPS joint opinion proposes … Continue Reading

Council of the EU Released a (New) Draft of the ePrivacy Regulation

On January 5, 2021, the Council of the European Union released a new, draft version of the ePrivacy Regulation, which is meant to replace the ePrivacy Directive.  The European Commission approved a first draft of the ePrivacy Regulation in January 2017.  The draft regulation has since then been under discussion in the Council. On January … Continue Reading

Twitter Fine: a View into the Consistency Mechanism, and “Constructive Awareness” of Breaches

On December 15, 2020, the Irish Data Protection Commission (“DPC”) fined Twitter International Company (“TIC”) EUR 450,000 (USD 500,000) following a narrow investigation into TIC’s compliance with obligations to (a) notify a personal data breach within 72 hours under Article 33(1) GDPR; and (b) document the facts of the breach under Article 33(5) GDPR. The … Continue Reading

The Spanish Supervisory Authority Approves a GDPR Code of Conduct on Advertising

On September 16, 2020, the Spanish Supervisory Authority (“AEPD”) approved a “Code of Conduct for Data Processing in Advertising” (“Code”) (see the decision approving the code here). This is the first GDPR approved Code of Conduct with an accredited monitoring body in the European Union. The Code enters into effect on November 17, 2020, two … Continue Reading

EDPB adopts recommendations on international data transfers following Schrems II decision

On 11 November 2020, the European Data Protection Board (“EDPB”) issued two draft recommendations relating to the rules on how organizations may lawfully transfer personal data from the EU to countries outside the EU (“third countries”).  These draft recommendations, which are non-final and open for public consultation until 30 November 2020, follow the EU Court … Continue Reading

French Court of Cassation Decides That an Employer Can Use a Facebook Post to Dismiss an Employee

On September 30, 2020, the French Court of Cassation (“Court”) ruled in favor of an employer that dismissed an employee because of the contents of a Facebook post (the decision is available here, in French).  In particular, the employee in this case posted a photograph of a new clothing collection of the employer on a … Continue Reading

New Guidelines for Companies from German Supervisory Authority (DPA-BW) following Schrems II

On September 7, 2020, the German data protection supervisory authority for Baden-Wuerttemberg (“DPA-BW”) released new guidelines following the Schrems II judgment on how companies should transfer data to third countries. For a more in-depth summary of the CJEU’s Schrems II decision, please see our previous blog post here and our audiocast episode here.… Continue Reading

H&M Receives Record-Breaking Fine for Employee Surveillance in Violation of the GDPR

On October 1, 2020, the Hamburg Data Protection Authority (“Hamburg DPA”) fined H&M, the Swedish clothing company, over €35 million for illegally surveilling employees at its service center in Nuremberg.  This fine is the largest financial penalty issued by a German DPA to date for a violation of the European General Data Protection Regulation (“GDPR”), … Continue Reading

EDPB Publishes Draft Guidelines on the Targeting of Social Media Users

On 7 September 2020, the European Data Protection Board (“EDPB”) adopted draft guidelines on the targeting of social media users (the “Guidelines”).  The Guidelines aim to clarify the roles and responsibilities of social media providers and “targeters” with regard to the processing of personal data for the purposes of targeting social media users.… Continue Reading
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