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

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 since the EU General Data Protection Regulation (“GDPR” or “Regulation”) went into effect in 2018.

The Guidelines are currently open for public consultation until March 2, 2021.  In this blog post, we summarize a few key takeaways from the Guidelines.


Continue Reading EDPB Publishes Draft Guidelines on Data Breach Notification Examples

On January 12, 2021, the German Ministry for the Economy and Energy released a new draft Law on Data Protection and the Protection of Privacy in Telecommunications and Telemedia (“TTDSG” or “draft law”).  If enacted, the draft law will replace the existing data protection and privacy provisions of Germany’s Telemedia Act and Telecommunications Act (“Telemedia Act”), including provisions applicable to the use of cookies and similar technologies.  The draft text was subject to public consultation from its publication until January 22, 2021, and responses submitted during that period will now be considered by the German Federal Government in advance of a formal proposal for the Federal Parliament to consider.

Continue Reading Germany Publishes New Draft Rules for Cookies and Similar Technologies

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 1, 2021, Portugal took over the presidency of the Council for six months.  Ahead of the next meeting of the Council’s working party responsible for the draft ePrivacy Regulation, the Portuguese Presidency issued a revised version of the draft regulation.  This is the 14th draft version of the ePrivacy Regulation (including the European Commission’s first draft).

Once approved, the ePrivacy Regulation will set out requirements and limitations for publicly available electronic communications service providers (“service providers”) processing data of, or accessing devices belonging to, natural and legal persons “who are in the [European] Union” (“end-user”).  The regulation aims to safeguard the privacy of the end-users, the confidentiality of their communications, and the integrity of their devices.  These requirements and limitations will apply uniformly in all EU Member States.  However, EU Member States have the power to restrict the scope of these requirements and limitations where this is a “necessary, appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests.
Continue Reading Council of the EU Released a (New) Draft of the ePrivacy Regulation

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 process to investigate these points took a little under two years, and resulted in a decision of nearly 200 pages.

This is the first time that the DPC has issued a GDPR fine as a lead supervisory authority (“LSA”) after going through the “cooperation” and “consistency” mechanisms that enable other authorities to raise objections and the EDPB to resolve disagreements. The delay in the process and details in the EDPB binding resolution suggest that this was a somewhat arduous process. Several authorities raised objections in response to the DPC’s draft report – regarding the identity of the controller (Irish entity and/or U.S. parent), the competence of the DPC to be LSA, the scope of the investigation, the size of the fine, and other matters. Following some back and forth — most authorities maintained their objections despite the DPC’s explanations — the DPC referred the matter to the EDPB under the GDPR’s dispute resolution procedure. The EDPB considered the objections and dismissed nearly all of them as not being “relevant and reasoned”, but did require the DPC to reassess the level of the proposed fine.

Process aside, the DPC’s decision contains some interesting points on when a controller is deemed to be “aware” of a personal data breach for the purpose of notifying a breach to a supervisory authority. This may be particularly relevant for companies based in Europe that rely on parent companies in the US and elsewhere to process data on their behalf. The decision also underlines the importance of documenting breaches and what details organizations should include in these internal reports.
Continue Reading Twitter Fine: a View into the Consistency Mechanism, and “Constructive Awareness” of Breaches

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 months after its approval.

Below we provide a brief FAQ about the Code.


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

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

Recently, there has been a significant level of attention given to data protection and privacy matters on the Continent, and in the just the past year, we have seen new laws proposed or enacted in places like Nigeria, Egypt, Kenya, and of course South Africa, although prior to that, places like Morocco, Ghana and Mali

On June 22, 2020, the South African President announced that certain provisions of POPIA would take effect on July 1, provisions which most regard as essential to the statute, such as those imposing conditions on the lawful processing of personal information, procedures for handling complaints, and general enforcement provisions. Only days later, the South African