Tag Archives: European Union (EU)

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UK Information Commissioner’s Office Publishes Draft Guidance on Consent under the GDPR

By Dan Cooper and Rosie Klement On March 2, 2017, the Information Commissioner’s Office (“ICO”) released draft guidance for UK organizations on how the notion of consent will be interpreted and applied when the General Data Protection Regulation (“GDPR”) comes into force in May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

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

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

CJEU Confirms That National Data Retention Laws May Only Be Adopted Where “Strictly Necessary”

By Joseph Jones, Phil Bradley-Schmieg and Gemma Nash On December 21, 2016 the Court of Justice of European Union (“CJEU”) issued its judgment in Joined Cases C-203/15 and C-698/15, Tele2 /Watson. The decision considered the legality of UK and Swedish laws permitting the generalized retention of communications metadata (for 6-12 months) for the purposes of … Continue Reading

New EU GDPR Guidance: Data Portability, Data Protection Officers, and the One Stop Shop

The Article 29 Working Party (“WP29”) – the representatives of national data protection regulators in the EU – has issued new guidance on three important aspects of the new General Data Protection Regulation (“GDPR”), which comes into force in May 2018. This first salvo of GDPR-focused guidance concerns: the new “Right to Data Portability”, an … Continue Reading

European Parliament Approves EU-U.S. Umbrella Agreement

Yesterday, the European Parliament voted to approve the EU-U.S. Umbrella Agreement, a framework for the exchange of personal data for law-enforcement (including anti-terrorism) purposes between the EU and U.S.  As we previously explained, negotiations on this Agreement have been underway for quite some time, with the European Parliament first calling for it back in March … Continue Reading

Challenge to EU-U.S. Privacy Shield Lands at EU Court

On September 16, 2016, Digital Rights Ireland (“DRI”), a digital rights advocacy group, lodged an action with the EU General Court for annulment of the European Commission’s Decision on the EU-U.S. Privacy Shield arrangement.  While the existence of the application has only recently become public knowledge, it was widely-expected that the Privacy Shield would face … Continue Reading

Luxembourg Bill Amending the Data Protection Act with regard to the Authorization Regime

On August 31, 2016, a bill was presented to the Luxembourg Parliament (the “Bill”) to amend the Law of August 2, 2002, on the Protection of Persons with regard to the Processing of Personal Data. The Bill aims to reduce the current administrative burden and anticipates the application of the General Data Protection Regulation (“GDPR”) … Continue Reading

EDPS-BEUC Joint Conference on Big Data Promotes Closer Dialogue

Last week, the European Data Protection Supervisor (the “EDPS”), in collaboration with European consumer organisation BEUC, hosted a joint conference on Big Data: individual rights and smart enforcement in Brussels (for the conference agenda, see here).  The conference brought together leading regulators and experts in the areas of competition, data protection and consumer protection, including … Continue Reading

EDPS Issues Opinion on Big Data and Enforcement

As announced last week, the European Data Protection Supervisor (“EDPS”) released on September 23, 2016 an opinion on “coherent enforcement of fundamental rights in the age of big data.”  This opinion follows an earlier Preliminary Opinion on privacy and competitiveness in the age of big data, published in 2004 (see our previous blog post here). … Continue Reading

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

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

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

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
LexBlog