Updates on Developments in Data Privacy and Cybersecurity
On January 10, 2017, the European Commission unveiled the “last major Digital Single Market initiatives” addressing Europe’s digital future. These initiatives comprise the following:
…
Continue Reading European Commission Unveils Data Economy Package: International Data Transfers
On January 10, 2017, the European Commission unveiled the “last major Digital Single Market initiatives” addressing Europe’s digital future. These initiatives comprise the following:
(There is also a proposal for a Regulation on data protection rules applying to European institutions which InsidePrivacy is not reporting on.)
This post summarizes the Commission’s Communication on “Building a European Data Economy” (formerly referred to as the “Free Flow of Data Initiative”).
Background
The Data Protection Directive, and soon the GDPR, provides the foundation for the free flow of personal data throughout the EU. However, Member States have imposed data localization restrictions for various reasons (e.g., in relation to patient health records, for auditing or law enforcement requirements). In addition, the GDPR and Data Protection Directive only provide for the free flow of data within the EU in relation to personal data, not non-personal data.
The Communication sets out to address these data localization requirements and transfer barriers. In addition, the Commission uses the document to address “emerging issues” that the Commission believes could lead to problems in the growing European “data economy” (a loose term that refers to the growing network of industrial data, machine-generated data related to the Internet of Things, and data pools generated by and for autonomous machinery, self-driving cars, and machine learning tools).”
Continue Reading European Commission Unveils Data Economy Package: “Building a European Data Economy”
On January 10, 2017, the European Commission unveiled the “last major Digital Single Market initiatives” addressing Europe’s digital future. These initiatives comprise the following:
(There is also a proposal for a Regulation on data protection rules applying to European institutions which InsidePrivacy is not reporting on.)
This post summarizes the proposal for an E-Privacy Regulation.
E-Privacy
The existing E-Privacy Directive 2002/58/EC sets out specific privacy-related rules for telecommunications, marketing, and digital services that “particularise and complement” those in the Data Protection Directive. However, following the enactment of the General Data Protection Regulation (GDPR), there has been a need to update the E-Privacy Directive. From April to June 2016, the Commission consulted on reform of the E-Privacy Directive and, in August 2016, the Commission published a summary report on the results of that consultation.
The proposed E-Privacy Regulation includes significant changes to the current framework that, if enacted in its current form, would impact a wide range of companies that operate online. Among other things, the draft introduces new rules in relation to traffic and location data, modifies the controversial “cookie” rule, and aligns fines for breach of the proposed Regulation with the GDPR – meaning a maximum fine of up to 4% of annual worldwide turnover for certain breaches.
Continue Reading European Commission Unveils Data Economy Package: E-Privacy Regulation
