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Chinese Authorities Release Catalog of Network and Cybersecurity Products Subject to Pre-Sale Inspection

On June 9, 2017, the Cyberspace Administration of China (“CAC”), together with three other agencies, released a Catalog of Critical Network Equipment and Network Security Products (First Batch) (“the Catalog,” original Chinese version available here).  It specifies network products that must be certified before they can be marketed in China. China’s Cybersecurity Law (see our … Continue Reading

Three Weeks On: What We Know about The Enforcement of China’s Cybersecurity Law – Part 3

Part 3 of this three-part entry discusses a separate, but equally important, legal development in China’s data protection environment. On May 8, 2017, the Supreme People’s Court and the Supreme People’s Procuratorate issued an interpretation of criminal law regarding infringement of citizens’ personal information (the “Interpretation”).  The Interpretation examines the provision in China’s Criminal Law, … Continue Reading

Three Weeks On: What We Know about The Enforcement of China’s Cybersecurity Law – Part 2

Part 1 of this post clarified which parts of China’s latest Cybersecurity Law (the “Law”) are currently ready to be enforced and which parts are awaiting clarification in the form of implementing regulations or standards. In this post, we will discuss latest landscape of implementing regulations and national standards that supplement the Law.   Implementing … Continue Reading

Three Weeks On: What We Know about The Enforcement of China’s Cybersecurity Law – Part 1

On June 1, 2017, China’s new Cybersecurity Law (the “Law”) finally went into effect. It is the first Chinese law that systematically lays out the regulatory requirements on data privacy and cybersecurity, subjecting to government scrutiny many activities in cyberspace that were previously unregulated or addressed in a sector-by-sector fashion. Three weeks after the Law … Continue Reading

EU Data Protection Authorities Urge European Commission to Ensure Rigor in First Annual Privacy Shield Review

The Article 29 Working Party (“WP29”), a group consisting of representatives from each European data protection authority, the European Data Protection Supervisor, and the European Commission, yesterday issued a press release detailing its recommendations for the first Annual Joint Review of the EU-U.S. Privacy Shield (“Privacy Shield”), which will take place in September 2017.  Specifically, … Continue Reading

European Cloud in Health Advisory Council Calls For Review of eHealth Rules and Ethics of Medical Data Re-Use

In a new post on the Covington Digital Health blog, our colleagues discuss a new European Cloud in Health Advisory Council whitepaper calling for a review of European healthcare data protection rules holding back greater adoption of cloud computing and AI; and for more discussion about the ethics and governance of re-use of patient data for research and planning.  To read … Continue Reading

New Proposed Standard Sheds Light on Cross-Border Security Assessment in China

On May 27, 2017, China’s National Information Security Standardization Technical Committee (“NISSTC”), a standard-setting committee jointly supervised by the Standardization Administration of China (“SAC”) and the Cyberspace Administration of China (“CAC”), released Information Security Technology – Guidelines for Data Cross-Border Transfer Security Assessment (Draft Version) (the “draft Standard”) for public comments.  The official Chinese version of … Continue Reading

First Annual Privacy Shield Review Will Comprehensively Assess the Framework

The first annual review of the EU-U.S. Privacy Shield (“Privacy Shield”) is scheduled to occur in September 2017 in Washington, D.C.  The first review is particularly important for the nascent framework, as regulators in both the U.S. and the EU are expected to closely scrutinize the operation of the first year of the Privacy Shield, … Continue Reading

China Releases Final Regulation on Cybersecurity Review of Network Products and Services

Today, the Cyberspace Administration of China (“CAC”) released the final version of the Measures on the Security Review of Network Products and Services (Trial) (“the Measures”), with an effective date of June 1, 2017 (official Chinese version available here).  The issuance of the Measures marks a critical first step toward implementing China’s Cybersecurity Law (“the … Continue Reading

Developments in the Right to Be Forgotten

As we approach the May 2018 effective date of the EU General Data Protection Regulation (“GDPR”), there have been a number of global developments over the last few months with respect to the so-called “right to be forgotten,” which will be codified under Article 17 of the GDPR. European Developments In the EU, we previously … Continue Reading

UK Starts 3-Week Consultation on GDPR Implementation

On Thursday, April 20th, the UK government launched a “Call for Views” regarding the UK’s options for the implementation of the new EU General Data Protection Regulation (GDPR) at national level.  The consultation deadline is May 10th, at mid-day UK time. Although the GDPR was an effort to bring greater harmonization to data protection regimes … Continue Reading

Irish Data Protection Commissioner Releases 2016 Annual Report

By Denitsa Marinova On April 11, 2017, the Data Protection Commissioner of Ireland (DPC) published her annual report for 2016, highlighting key developments and activities for the past year and outlining priorities for 2017 and beyond.  The report will be of interest to Irish entities and multinational organizations with a base in Ireland, including companies … Continue Reading

China Seeks Public Comments on Draft Regulation on Cross-Border Data Transfer

On April 11, 2017, the Cyberspace Administration of China (“CAC”) released a draft of the Measures on Security Assessment of Cross-border Data Transfer of Personal Information and Important Data (“the Draft Measures”) for public comment (official Chinese version available here).  The comment period ends on May 11, 2017. The issuance of the long-anticipated Draft Measures … Continue Reading

The Information Commissioner’s Office Publishes a Consultation Paper on Profiling and Automated Decision-Making under the GDPR

By Dan Cooper and Rosie Klement On April 2, 2017, the Information Commissioner’s Office (“ICO”) released a consultation paper for UK organizations to comment on how the new profiling provisions under the General Data Protection Regulation (“GDPR”) could be interpreted and applied when the GDPR comes into force in May 2018. The public consultation on … Continue Reading

Privacy Shield Approaches 2,000 Participants; Review Scheduled for September

Nearly 2,000 organizations are now listed as self-certified to the EU-U.S. Privacy Shield on the Department of Commerce’s (“Commerce”) Privacy Shield website.  Given current developments on both sides of the Atlantic, there are likely to be significant Privacy Shield developments in the coming months. EU Justice Commissioner Věra Jourová recently concluded her visit to the … Continue Reading

UK Company Fined For Buying And Selling Non-Compliant Marketing Databases

The UK Information Commissioner’s Office (ICO), which enforces data protection legislation in the UK, has fined a company £20,000 (approximately 24,000 USD / 23,000 EUR) for not exercising sufficient due diligence when buying and using marketing databases. The ICO found that over 580,000 individuals’ contact details had been obtained by The Data Supply Company Ltd … Continue Reading

Italian DPA Issues Record Data Privacy Fine

By Luca Tosoni and Dan Cooper On 2 February 2017, the Italian DPA (“Garante”) imposed a record fine of 5,880,000 Euros on a UK company operating in Italy for its violation of the data privacy consent rules contained in Italian law.  This is the largest data privacy fine ever issued by a European data protection … Continue Reading

UK Information Commissioner’s Office Publishes Draft Guidance on Consent under the GDPR

By Dan Cooper and Rosie Klement On March 2, 2017, the Information Commissioner’s Office (“ICO”) released draft guidance for UK organizations on how the notion of consent will be interpreted and applied when the General Data Protection Regulation (“GDPR”) comes into force in May 2018. The ICO is currently engaging in a public consultation on … Continue Reading

Cross-Border Data Transfer: A China Perspective

When China’s new Cybersecurity Law takes effect on June 1, 2017, China will become another important jurisdiction to watch in the international data transfer space. Before the new Cybersecurity  Law officially was promulgated on November 7, 2016, cross-border data transfer of data from China was largely unregulated by the government.  While many Chinese laws and … Continue Reading

Senators Seek Answers from DHS on Privacy Aspects of Trump Order, Including Privacy Shield

On February 9, 2017, six Democratic senators wrote to DHS Secretary John Kelly about their concerns over a Trump executive order that would remove Privacy Act protections for non-U.S. citizens and lawful permanent residents. Senators Ed Markey (MA), Ron Wyden (OR), Jeff Merkley (OR), Al Franken (MN), Chris Coons (DE), and Mazie Hirono (HI) wrote … Continue Reading

“Cybersecurity Review” Takes Shape in China

When China’s Cybersecurity Law was enacted last November, one question (among many) that surfaced was how the government would implement the “national security review” that the law requires for certain network products and services.  The law, which takes effect this June, provides that any network products and services that might affect national security procured by … Continue Reading

European Commission Dismisses Privacy Shield Concerns Over Trump Executive Order

On January 25, 2017, President Trump signed a new Executive Order on Enhancing Public Safety in the Interior of the U.S.  Among other elements, the Executive Order directs U.S. government agencies to “ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy … Continue Reading

Switzerland and US Announce New Commercial Data Transfer Framework

On January 12, 2017, the U.S. Federal Trade Commission announced the adoption of a Swiss-U.S. Privacy Shield, to replace the existing Swiss-U.S. Safe Harbor Agreement.  Companies have a three month grace period to switch from the old to the new regime. The Swiss version of the Privacy Shield had to be negotiated following the invalidation … Continue Reading
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