In April 2021, the European Commission released its proposed Regulation Laying Down Harmonized Rules on Artificial Intelligence (the “Regulation”), which would establish rules on the development, placing on the market, and use of artificial intelligence systems (“AI systems”) across the EU. The proposal, comprising 85 articles and nine annexes, is part of a wider package of Commission … Continue Reading
On 10 September 2020, the UK Information Commissioner’s Office (“ICO”) published its beta-phase “Accountability Framework” (“Framework”). The Framework is designed to assist organisations, of any size and across all sectors, in complying with the accountability principle under the GDPR and in meeting the expectations of the ICO. The Framework will help those within organisations who … Continue Reading
The Court of Justice of the European Union’s recent decision in the “Schrems II’ case was one of the most highly anticipated decisions in the world of data privacy, striking down the EU-U.S. Privacy Shield, but upholding the validity of standard contractual clauses. Tune in to the first episode of Covington’s Inside Privacy Audiocast, where … Continue Reading
Today, the Court of Justice of the European Union issued a landmark decision striking down the EU-U.S. Privacy Shield—an agreement between EU and U.S. authorities authorizing transfers of EU personal data to the United States—but upholding the validity of standard contractual clauses (“SCCs”), another mechanism that EU-based organizations use to transfer data internationally. Covington represents … Continue Reading
On May 4, 2020, the European Data Protection Board (“EDPB”) updated its guidelines on consent under the GDPR. An initial version of these guidelines was adopted by the Article 29 Working Party prior to the GDPR coming into effect, and was endorsed by the EDPB on May 25, 2018.… Continue Reading
On 19 February 2020, the new European Commission published two Communications relating to its five-year digital strategy: one on shaping Europe’s digital future, and one on its European strategy for data (the Commission also published a white paper proposing its strategy on AI; see our previous blogs here and here). In both Communications, the Commission … Continue Reading
The European Commission, as part of the launch of its digital strategy for the next five years, published on 19 February 2020 a White Paper On Artificial Intelligence – A European approach to excellence and trust (the “White Paper”). (See our previous blog here for a summary of all four of the main papers published … Continue Reading
On January 23, 2020, the European Parliament’s Internal Market and Consumer Protection Committee approved a resolution on artificial intelligence (“AI”) and automated decision-making (“ADM”). The resolution references several major pieces of work carried out by the European Commission on AI and provides a list of existing EU instruments that are relevant to AI and ADM … Continue Reading
On December 12, 2019, the European Parliament endorsed a non-binding resolution on enabling the digital transformation of health and care. The resolution calls on the European Commission to take a number of actions to foster the development of digital health systems in Europe to improve patient care and support research efforts — particularly those using … Continue Reading
On December 19, 2019, Advocate General (“AG”) Henrik Saugmandsgaard Øe handed down his Opinion in Case C-311/18, Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (“Schrems II”). The AG’s Opinion provides non-binding guidance to the Court of Justice of the EU (“CJEU”) on how to decide the case. In brief, the AG recommended that … Continue Reading
On 30 May 2019, the United Kingdom’s ICO released a report, “GDPR: One Year On”, discussing the impact of the GDPR and its associated learnings after one year following its implementation (the “Report”), which provides valuable insight into the enforcement practices, EU-wide cooperation, support functions, innovative practices and further growth plans of the ICO. The … Continue Reading
On February 12, 2019, the European Data Protection Board (“EDPB”) published two information notes to highlight the impact of a so-called “No-deal Brexit” on data transfers under the EU General Data Protection Regulation (“GDPR”), as well as the impact on organizations that have selected the UK Information Commissioner (“ICO”) as their “lead supervisory authority” for … Continue Reading
A recent press release from November 16, 2018 revealed that Malta’s Justice Minister introduced the right to be forgotten through a ministerial decree. Since 2013, 86 out of 131 judgments have either been anonymized or removed from the courts’ public database. The information came as a surprise to Malta’s legal community, as there had been … Continue Reading
On November 6, 2018, the French data protection authority (the “CNIL”) published a report that discusses some of the questions raised by the use of blockchain technology and perceived tensions between it and foundational principles found in the General Data Protection Regulation (the “GDPR”). As we noted in an earlier blog post on this topic, … Continue Reading
On July 17, 2018, the Portuguese Supervisory Authority (“CNPD”) imposed a fine of 400.000 € on a hospital for infringement of the European Union General Data Protection Regulation (“GDPR”). The decision has not been made public. Earlier this week, the hospital publicly announced that it will contest the fine. According to press reports, the CNPD … Continue Reading
On October 18, 2018, the Dutch Supervisory Authority for data protection adopted guidance on the second Payment Service Directive (“PSD2”). The PSD2 intends to open the financial services market to a larger scale of innovative online services. To that effect, the PSD2 sets out rules for obtaining access to the financial information of bank customers. … Continue Reading
On September 5, 2018, a first instance Administrative Court in Italy decided that a public company cannot reject an application for the position of data protection officer (“DPO”) on the basis that the applicant is not a certified ISO 27001 Auditor / Lead Auditor (decision available here). ISO 27001 is an international information security standard. … Continue Reading
On October 23, 2018, the European Federation of Pharmaceutical Industries in cooperation with the Future of Privacy Forum and the Center for Information Policy Leadership will organize a workshop entitled, “Can GDPR Work for Health Research.” In the first session, the workshop will discuss the implications of the General Data Protection Regulation (“GDPR”) on clinical … Continue Reading
Blockchain technology has the potential to revolutionise many industries; it has been said that “blockchain will do to the financial system what the internet did to media”. Its most famous use is its role as the architecture of the cryptocurrency Bitcoin, however it has many other potential uses in the financial sector, for instance in … Continue Reading
By Bruce Bennett, Carlo Kostka, Craig Pollack, Dan Cooper, Gemma Nash, Kristof Van Quathem, Mark Young, and Sophie Bertin The EU Payment Services Directive (PSD2), which took effect on January 13, 2018, puts an obligation on banks to give Third Party Providers (TPPs) access to a customer’s payment account data, provided the customer expressly consents to … Continue Reading
On January 12, the International Consumer Electronics Show (CES) in Las Vegas closed its doors for another year. Each CES raises a new set of technology themes, ranging from robots to smart fridges — and this year, the winner was voice technologies. Such technologies, while not entirely new, are now becoming mainstream: sales of smart … Continue Reading
As we summarized last fall, the EU Commission published a new Cybersecurity Communication in September that, among other things, sets out proposals for an EU cybersecurity certification framework as part of an EU “Cybersecurity Act” (see our post here and a more detailed summary here). Just before the holidays, on December 20, 2017, the UK Government published a consultation on these proposals, which the … Continue Reading
The Article 29 Working Party (WP29) has published long-awaited draft guidance on transparency and consent under the General Data Protection Regulation (“GDPR”). We are continuing to analyze the lengthy guidance documents, but wanted to highlight some immediate reactions and aspects of the guidance that we think will be of interest to clients and other readers … Continue Reading
The European Commission has today published its Report on the first annual review of the EU-U.S. Privacy Shield (the Report is accompanied with a Staff Working Document, Infographic, and Q&A). The Commission concludes that Privacy Shield continues to ensure an adequate level of protection for personal data transferred from the EU to Privacy Shield-certified companies … Continue Reading
