Tag Archives: European Commission

EU Confirms New Heads of the European Commission – But Who Will Drive Data Protection Reforms?

 By Philippe Bradley-Schmieg  The European Parliament voted yesterday (October 22, 2014) to approve the President of the European Commission’s selections for his team of European Commissioners. Jean-Claude Juncker’s picks received strong endorsement from MEPs, with 423 in favour, 209 against, and 67 abstentions.  Even so, he was forced to amend his proposal ahead of the … Continue Reading

President-Elect of the European Commission Unveils His New Team

By Lisa Peets On September 10, 2014, President-elect of the European Commission, Jean-Claude Juncker, nominated his team of Commissioners.  However, there is still a lack of clarity around responsibility for the data protection portfolio, including the General Data Protection Regulation (“GDPR”).  It now appears that the portfolio will be coordinated among at least three Commissioners.… Continue Reading

Client Event: “Data Protection & Privacy Law – 2nd Edition,” September 23, 2014

Covington will be hosting a book launch for the 2014 title ‘Data Protection & Privacy Law 2nd Edition’, edited by Monika Kuschewsky, in partnership with The European Lawyer (Thomson Reuters) on September 23, 2014 in Brussels. The event will comprise a half-day workshop followed by a drinks reception. We are pleased to confirm that the … Continue Reading

European Commission Wants Leaders to Embrace Big Data

On 2 July 2014, the European Commission issued a Communication titled “Towards a thriving data-driven economy”, which describes the features of such economy and sets out some operational conclusions. The Communication responds to the European Council’s conclusions of October last year which called for EU action to provide the right framework conditions for a single … Continue Reading

European Parliament Votes to Ensure that the Proposed Network and Information Security Directive Focuses on Protecting Critical Infrastructure

It has been an eventful week in the European Parliament in relation to data privacy and security matters.  Having already voted in favor of the General Data Protection Regulation (“GDPR”) and endorsed a controversial report into allegations of mass surveillance, the European Parliament voted yesterday on the proposed Network and Information Security (“NIS”) Directive.  In … Continue Reading

European Council Taps the Breaks–Adoption of EU General Data Protection Regulation Delayed

Only a few days after the leading parliamentary committee waved through the proposed amendments to the European Commission’s legislative proposal for a General Data Protection Regulation (see here and here), the EU Member States’ governments have decided to postpone the adoption of the Regulation to 2015.  Germany and the UK, in particular, supported the delay, albeit … Continue Reading

LIBE Committee Vote Completes Major Step Towards Adoption of EU Data Protection Regulation

In a historic vote today, the leading parliamentary committee on the European Commission’s proposed General Data Protection Regulation, the Civil Liberties Committee (“LIBE”), adopted all compromise amendments put forward to the Commission’s original proposal. The compromise amendments had been prepared by the rapporteur, Green Member of the Parliament, Jan Philipp Albrecht, in close collaboration with … Continue Reading

Revised OECD Privacy Guidelines Strengthen Accountability Principle

The Organization for Economic Cooperation and Development (“OECD”) has revised its Guidelines governing the Protection of Privacy and Transborder Flows of Personal Data. The revision has been triggered by changes in personal data usage as well as new approaches to privacy protection since the adoption of the first Guidelines back in 1980, which were the … Continue Reading

Data Breach Notification within 24 hours in the Electronic Communication Sector – An Example to Follow in the Reform of the EU Data Protection Directive?

Under the so-called e-Privacy Directive, providers of publicly available electronic communications services (primarily telecom providers and ISPs) are obliged to notify the competent national authorities and, in certain cases also the subscribers and individuals concerned, of personal data breaches. In order to ensure consistency in the implementation of this notification obligation by the EU Member … Continue Reading

Vote on EU Data Protection Regulation Again Postponed

Despite previous assertions to the contrary, the European Parliament’s Civil Liberties Committee (“LIBE”) announced on Wednesday that it would not be holding its important vote on the Proposed Data Protection Regulation before the summer recess. A new vote has not yet been scheduled but is planned for September or October 2013. As leading committee on … Continue Reading

Sweden Hit with €3M Penalty Payment For Delay in Transposing Data Retention Directive

On Thursday, the Court of Justice of the EU ordered Sweden to pay a lump sum of €3 million for failure to transpose the EU’s Data Retention Directive (the “Directive”) into national law within the prescribed period.  The Directive obliges electronic communications service providers to store information about communications for a period of 6 – … Continue Reading

European Commission Proposal for Data Protection Regulation Delayed Again

An important vote in the European Parliament has been postponed for the second time. The vote of the LIBE committee, the lead committee for the proposed EU General Data Protection Regulation, which was initially scheduled for the end of April, had already been postponed until the end of May 2013 (see InsidePrivacy European Parliament’s Lead … Continue Reading

FTC Announces Workshop On The “Internet of Things”; European Commission Publishes Report

Yesterday, the Federal Trade Commission announced that it would hold a public workshop on November 21, 2013 on “the growing connectivity of consumer devices, such as cars, appliances, and medical devices”―also known as, “the Internet of Things.”  The FTC will accept public comments (due June 1, 2013) in advance of the workshop. In describing the … Continue Reading

European Parliament’s Lead Committee for the Proposed EU General Data Protection Regulation Postpones Vote

The Civil Liberties, Justice and Home Affairs (LIBE) Committee of the European Parliament (EP)– the EP’s lead committee for the European Commission’s legislative proposal for a General Data Protection Regulation to replace the current EU Data Protection Directive–was supposed to vote at the end of April on the proposed amendments to the draft Regulation. However, … Continue Reading

The Battle Lines are Clearing Up: The Irish Presidency Note on the Proposed General Data Protection Regulation

According to recent press reports, the Irish Presidency has prepared a note to report to the Council of the EU on the progress achieved on the European Commission’s legislative proposal for a General Data Protection Regulation. Ireland holds the Presidency of the Council of the EU in the first half of 2013 and has already … Continue Reading

Must Google Forget You?

The Court of Justice of the European Union (“CJEU”) in Luxembourg heard argument yesterday concerning the “right to be forgotten”—specifically, whether search engines such as Google must block search results when asked by European citizens to remove references to themselves.  This particular case—which is representative of approximately 200 similar cases in Spain—came before the CJEU … Continue Reading

EU Adopts CyberSecurity Strategy and Proposes Network and Information Security Directive

The European Commission, together with the High Representative of the Union for Foreign Affairs and Security Policy, has today published a CyberSecurity Strategy alongside a Commission proposed Directive on Network and Information Security (“NIS”). While much of the Strategy and Directive is aimed at Member State governments (e.g., to improve capabilities and cooperation to prevent … Continue Reading

Draft report on the proposed EU Data Protection Regulation released

by Kristof Van Quathem On January 8, 2013, MEP Jan Philipp Albrecht released his draft report on the proposed EU Data Protection Regulation.  Albrecht, of the European Green Party, is rapporteur for the Civil Liberties, Justice and Home Affairs (LIBE) Committee of the European Parliament, the lead Committee for the proposal.  His draft report will … Continue Reading

EU Competition Commissioner: Data Privacy Could Become a Competition Issue

Speaking in Brussels yesterday on “Competition and Privacy in Markets of Data,” EU Competition Commissioner Joaquín Almunia observed that privacy is “becoming one of the central debates of our time.”  Technological and commercial developments have strengthened companies’ ability and incentive to “gather, manipulate and trade personal data.”  Because “personal data are a type of asset … Continue Reading

Commissioner Reding Speaks to the European Council on the Proposed Data Protection Regime

By Fredericka Argent On 26 October, 2012, Commissioner Viviane Reding, the Vice President of the European Commission, gave a speech in Luxembourg following the conclusion of a meeting of the Justice Council (a body of ministers representing Member State justice and home affairs departments, and part of the European Council).  The speech covered a variety … Continue Reading

The European Court of Justice Rules That Austria’s Data Protection Authority Is Not Sufficiently Independent

On 16 October 2012, the Court of Justice of the European Union (“CJEU”) ruled in favour of the European Commission in its claim against Austria that the Austrian Data Protection Authority, the Datenschutzkommission (“DSK”), was not independent from the Austrian government as required under Article 28 of the EU’s Data Protection Directive. The Commission’s action was … Continue Reading

European Data Protection Supervisor Issues New Opinion On Proposed European Regulation Of eIDs And Trusted Services

In a new opinion on the Commission’s proposal for a Regulation on electronic identification (“eID”) and trusted services, the European Data Protection Supervisor (“EDPS”) has called, amongst other things, for security measures that trust service providers must apply to their services to be specified directly in legislation rather than left to the Commission to define … Continue Reading

European Data Protection Supervisor Calls For Clearer and More Privacy-Friendly Rules On Internet Intermediary Liability

The European Data Protection Supervisor (EDPS), Peter Hustinx, recently published a response to a European Commission consultation on reform of the “notice-and-action” (“N&A”) procedure rules — i.e., the legal regime that requires Internet intermediaries to remove hosted content when they are notified that such content is illegal.  As set out in more detail below, the … Continue Reading
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