On Thursday, September 2, 2021, the Irish Data Protection Commission (“DPC”) published its decision in the long-awaited inquiry it initiated into the data processing of WhatsApp Ireland Limited (“WhatsApp”) in December 2018.  It finds against WhatsApp, imposing a fine of €225 million.

Continue Reading Irish DPC Finds Against WhatsApp

There have been many headlines today about the UK Government’s plans to reform UK data protection law. We are still reviewing the (near 150-page) consultation document, but set out below a dozen proposals that we thought might pique the interest of readers of our blog.
Continue Reading 12 Eye-Catching Proposals In The UK Government’s Plan To Reform UK Data Protection Law

On 26 August 2021, the UK Government unveiled a package of announcements which effectively set out its post-Brexit data strategy.

This blog looks at the politics around the costs and benefits of a Brexit divergence dividend in this sector, which the UK Government views as a key area of competitive advantage.
Continue Reading Data Divergence: A Brexit Dividend?

On Jul 22, 2021, the Irish Joint Committee on Justice (“Committee“) published a report that included a series of recommendations on the work of the Irish Data Protection Commission (“DPC“).  The Committee, made up of 14 politicians from across the political spectrum and drawn from both the Dáil (the elected first house) and Seanad (the senate), issued this report following a public hearing held on April 27, 2021 (see our prior blog post here).  The recommendations in the report address, among other things, concerns raised about the Irish DPC’s oversight and enforcement of the EU General Data Protection Regulation (“GDPR“).

Continue Reading Ireland’s Joint Committee on Justice Publishes Recommendations to Reform the Irish Data Protection Commission

On July 7, 2021, the European Data Protection Board (“EDPB”) published draft guidelines on codes of conduct for personal data transfers for consultation.  These guidelines complement the EDPB’s earlier guidelines on codes of conduct and monitoring bodies.  Interested parties have until October 1, 2021 to respond to the consultation.

The guidelines focus on the requirements for a code of conduct to be approved as a legal mechanism for transferring personal data outside the European Economic Area (“EEA”) to third countries that do not provide an adequate level of data protection.  They emphasize that such a code of conduct can be used to cover multiple transfers between companies belonging to the same sector and/or carrying out similar processing activities.


Continue Reading EDPB Publishes Guidelines on Codes of Conduct for Data Transfers

With the rollout of COVID-19 vaccination programs across the EU and the UK, employers are faced with questions about whether or not they are legally permitted to ask employees about their vaccination status and, if so, how that information may be used.

Employers may wish to inquire about the vaccination status of their employees in order to comply with their general obligation to ensure a safe workplace and minimize the risk of exposure to COVID-19.  This raises privacy issues under the General Data Protection Regulation (“GDPR”), because employees’ vaccination status falls within a special category of personal data that concerns the health of individuals (Art. 9(1)).  This category is subject to more stringent data protection measures due to the sensitive and personal nature of data, and can only be processed in very limited circumstances (Art. 9(2)).


Continue Reading COVID-19: Processing of Vaccination Data by Employers in Europe

On July 5, 2021, the Italian Supervisory Authority (“Garante”) announced that it has fined Foodinho S.r.l. (“Foodinho”) 2.6 million EUR for its use of performance algorithms in connection with its employees. The authority held Foodinho in breach of the principles of transparency, security, privacy by default and by design, and held it responsible for not implementing suitable measures to safeguard its employees’ (i.e., riders’) rights and freedoms against discriminatory automated decision making. The Garante’s decision is the first of its kind in the realm of the algorithmic management of gig workers. According to the Garante, Foodinho’s management violated Article 22(3) of the GDPR.
Continue Reading Italian Supervisory Authority Fines Foodinho Over Its Use of Performance Management Algorithms

On June 21, 2021, the European Data Protection Board (“EDPB”) published its finalized recommendations on measures that supplement transfer tools to ensure compliance with the General Data Protection Regulation (“GDPR”), where organizations transfer personal data from the European Economic Area (“EEA“) to a country outside the EEA (“third country”) (see here).  While the final version retains much of the language of the draft version released in November 2020 (see here), it includes several notable updates.
Continue Reading EDPB Adopts Finalized Recommendations on Supplemental Transfer Tools to Ensure GDPR-Compliant Data Transfers

The new standard contractual clauses (“SCCs“) issued by the European Commission (see our prior blog post here) continue to prove controversial.  Among other things, the SCCs require that the law of the European Union (“EU“) Member State underpinning them provides third-party beneficiary rights.  Most EU Member States are civil law jurisdictions that already provide such rights.  Ireland, however, is a common law jurisdiction like the U.S. and the UK, and as such, depends largely on evolving case law to define the scope of various rights and obligations.
Continue Reading New Standard Contractual Clauses Raise Questions Under Irish Law

On Episode 15 of Covington’s Inside Privacy Audiocast, Dan Cooper is joined by Nick O’Connell, head of Al Tamimi’s Digital & Data practice in Saudi Arabia. Nick shares his insights on recent privacy developments in Saudi Arabia and the broader Middle East region, in particular as they relate to emerging data protection frameworks in these