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EU Organizations Call for More Support for Cloud Computing in Healthcare

The EU-U.S. Privacy Shield’s recent introduction has created an efficient mechanism to ensure that trans-Atlantic personal data flows are lawful.  With that in place, attention is now turning back to restrictions within the EU, particularly around hosting data in cloud computing services. European healthcare is particularly affected by such restrictions.  This has motivated a significant … Continue Reading

China Releases Draft Implementing Regulations for Consumer Rights Protection Law

China’s State Administration of Industry and Commerce (“SAIC”) has released for public comment a draft regulation implementing recent amendments to a consumer protection law that would, among other things, supplement existing privacy obligations for businesses operating in China. The “Regulations on the Implementation of the Law on the Protection of the Rights and Interests of … Continue Reading

UK Government Considering New Patient Data Security and Research Consent Standards, Sanctions

A new post on the Covington eHealth blog reports that the UK government is running a consultation around NHS patient data security standards and a new legal framework for secondary uses (e.g. research) of patient data.  To find out more about the proposals and the consultation, please click here.… Continue Reading

EU and US Unveil the New Privacy Shield

At a joint press conference in Brussels this morning (July 12, 2016), EU Commissioner Jourová and the U.S. Secretary of Commerce, Penny Pritzker, presented the new EU-U.S. data transfer mechanism (see press release here, adequacy decision text here, annexes here and Q&A factsheet here).  The press conference followed the approval of the underlying adequacy decision … Continue Reading

Privacy Shield Deal Passes Major EU Hurdle

On July 8, 2016, the draft EU-U.S. Privacy Shield adequacy decision was formally approved by the so-called “Article 31 Committee” of EU Member States (see press release, here). That approval opens the door for the College of EU Commissioners to approve the Privacy Shield on Monday (July 11).  Once translated and published in the Official … Continue Reading

China Issues New Rules for Mobile Apps

The Cyberspace Administration of China (“CAC”) has issued new rules regulating apps for smartphone/mobile devices, the Rules on the Management of Mobile App Information Services (“App Rules,” available here, preceded by a Q&A section, all in Chinese), that will come into effect on August 1, 2016. The App Rules are aimed primarily at regulating the rapidly … Continue Reading

The CNIL and EDPS Launch Public Consultations

On June 16, 2016, the French data protection authority (“CNIL”) launched a public consultation on the General Data Protection Regulation (“GDPR).   The consultation focuses on four priority themes set out in the Article 29 Working Party’s 2016 Action plan: the data protection officer; the right to data portability; data protection impact assessments; and certification.… Continue Reading

China Formulating Standards for Personal Information Security and Data Protection

This month, China’s National Information Security Standardization Technical Committee (“NISSTC”) organized a meeting to launch a working group tasked with drafting a Personal Information Security Standard (“PIS Standard”). NISSTC is a government committee jointly supervised by the Standardization Administration of China and the Cyberspace Administration of China. In addition to the government agencies, several Chinese … Continue Reading

European Data Protection Supervisor Opinion on the Privacy Shield

On May 30, the European Data Protection Supervisor (the “EDPS”) issued an opinion on the Privacy Shield, see opinion here and press release here.  The EDPS acknowledged that the European Commission’s draft adequacy decision on the Privacy Shield is a step in the right direction and shows a number of improvements compared to the EU-U.S. … Continue Reading

European Parliament Passes Resolution on the Privacy Shield

This morning (May 26, 2016) the European Parliament (“EP”) approved a non-binding resolution on the proposed EU – U.S. Privacy Shield (see resolution here and press release here).  The resolution is far more positive in relation to the Privacy Shield than some of the proposals floated by some political groups earlier this week (see, for instance, the resolution proposed … Continue Reading

EU Cyber Security Directive To Enter Into Force In August

The EU Network and Information Security (NIS) Directive now looks likely to enter into force in August of this year.  Member States will then have 21 months to implement it into national law before the new security and incident notification obligations will start to apply to the following entities: designated* “operators of essential services” within … Continue Reading

China Likely to Impose New Cybersecurity Regulations in 2016

As readers of this blog know, China has been increasingly active in proposing new cybersecurity and privacy regulations. In late 2015, China enacted a new counter-terrorism law.  In August 2015, it issued a draft network security law.  Also last summer, China issued new draft regulations on Internet advertising and clarified requirements for text marketing.  And, … Continue Reading

Digital Single Market – New Initiatives for Cloud Computing and Internet of Things

By Vera Coughlan, Monika Kuschewsky and Kristof Van Quathem Yesterday, the European Commission launched its “Digitising European Industry” package, a series of industry related initiatives aimed at “updating Europe’s digital infrastructure”, see press release here, Q&A here and homepage here.  The package includes reports and proposals addressing cloud computing, ICT standardization, eGovernment, Internet of Things … Continue Reading

EU Passes Sweeping New Privacy and Data Security Laws

As forecast in our latest blog on the topic (available here), the European Parliament today voted into law a new General Data Protection Regulation (“GDPR”) that will replace the EU’s all-encompassing Data Protection Directive as of mid-2018. Today’s vote brings to a close a legislative process that has lasted nearly five years; the law’s official publication, which should be … Continue Reading

EU Data Protection Authorities Call For Further Clarifications on the EU-U.S. Privacy Shield and Raise Some Concerns

By Helena Marttila-Bridge and Monika Kuschewsky Today, the Article 29 Data Protection Working Party (“Working Party”), a group consisting of representatives from the European data protection authorities, the European Data Protection Supervisor, and the European Commission, published its opinion on the EU-U.S. Privacy Shield draft adequacy decision (“Opinion”) (see here). The Opinion is accompanied by … Continue Reading

European Commission Launches Consultation on Reform of the ePrivacy Directive

By Ezra Steinhardt and Vera Coughlan Following the expected approval of the final text of the General Data Protection Regulation (“GDPR”) in the European Parliament this week, the Commission is now turning its attention towards the ePrivacy Directive. On Monday (April 11, 2016), the Commission launched a public consultation to review and propose changes to the … Continue Reading

Turkey’s First Comprehensive Data Protection Law Comes Into Force

This post is authored by guest blogger, Naz Değirmenci, BTS & Partners.   Not affiliated with Covington & Burling LLP. On April 7, 2016, Turkey’s law on Personal Data Protection, number 6698 (the “Law”) was published in the Official Gazette and came into force. Although the Turkish Constitution establishes a general right to privacy, and there … Continue Reading

EU Poised to Formally Adopt New Data Protection Laws; Amended Texts Published

By Phil Bradley-Schmieg and Vera Coughlan.  This post has been updated to include links to the final texts and comparisons with preceding drafts. After three months of legal-linguistic checks and translations, the EU is poised to formally adopt the new EU General Data Protection Regulation (GDPR) and its sister law, the EU Policing and Criminal Justice … Continue Reading

European Parliament Committee Debate on the EU-U.S. Privacy Shield

By Monika Kuschewsky and Vera Coughlan Yesterday, the European Parliament Committee on Civil Liberties, Justice and Home Affairs (“LIBE Committee”) held a public hearing on the EU-US Privacy Shield, see agenda here and a video of the hearing here. While European Parliament support is not strictly necessary for the approval of the Privacy Shield, it’s … Continue Reading

Advocacy Group Letter Opposes Privacy Shield

Yesterday, a group of twenty-seven privacy and civil liberties organizations sent a letter to EU officials opposing the EU-U.S. Privacy Shield, which was released last month and is currently being reviewed by the Article 29 Working Party in the EU.  According to the letter, the Privacy Shield “manifestly fails” to meet the standards set by … Continue Reading

ICO Publishes New Guidance On Encryption

On March 3, 2016, the UK’s Information Commissioner’s Office (“ICO”) released new guidance on encryption.  The guidance aims to provide advice to organizations on protecting personal data (such as customer and employee data) through the use of encryption.  There is no legally-binding requirement under UK data protection law to encrypt data, either when static or … Continue Reading

Privacy Shield: Top Five Reasons It’s Tougher Than the Safe Harbor, Whether You Should Certify, and Next Steps

As noted in our post yesterday, the text of the EU-U.S. Privacy Shield, the upcoming trans-Atlantic data-transfer framework between the EU and U.S. to replace the invalidated U.S.-EU Safe Harbor, has been released by the U.S. Department of Commerce.  Commerce’s release coincided with the release of a draft adequacy decision by the European Commission. A … Continue Reading
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