On June 24, 2020, the European Commission (“Commission”) published its much-anticipated assessment of the EU’s General Data Protection Regulation (“GDPR”) two years after it went into effect. The assessment takes into account contributions from the European Council, the European Parliament, the European Data Protection Board (“EDPB”), individual supervisory authorities, the Multi-Stakeholder Expert Group and other … Continue Reading
On June 8, 2020, the Belgian Supervisory Authority (“SA”) fined a (then ex-) politician €5,000 for sending political marketing materials without an appropriate legal basis. Although the fine was not massive, the case is interesting for another reason: the complaint was brought not by the individuals who received the marketing materials, but by their employer. … Continue Reading
On May 25, 2020, the second anniversary of the GDPR, the Belgian Supervisory Authority (“SA”) released an overview of its first full year of activity (available in French here, and in Dutch here). To be clear, this was not a delay in reporting, but rather shows that the Belgian legislature was late in creating its … 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 April 28, 2020, the Dutch Supervisory Authority (“Dutch SA”) announced its decision to impose a fine of €725,000 on a company for unlawfully processing the biometric data of its employees. In 2018, the company concerned installed an access and time management system that collected and processed biometric templates of employees’ fingerprints. This initiative came … Continue Reading
On January 27, 2020, the French Supervisory Authority (“CNIL”) issued a guidance for developers of websites and applications which sets out the main principles of the General Data Protection Regulation (“GDPR”), expounds on their application in the online environment, and gives practical tips to help developers respect users’ privacy when deploying websites and apps. The … Continue Reading
On February 10, 2020, Germany’s Federal Commissioner for Data Protection and Freedom of Information (BfDI) launched its first public consultation procedure. The consultation invites comments on a position paper of the BfDI which addresses the anonymization of personal data under the General Data Protection Regulation (GDPR), with a particular focus on the telecommunications sector (for … Continue Reading
Germany recently enacted a law that enables state health insurance schemes to reimburse costs related to the use of digital health applications (“health apps”), but the law requires the Federal Ministry of Health to first develop the reimbursement process for such apps. Accordingly, on January 15, 2020, the German government published a draft regulation setting … Continue Reading
In late December 2019, the Court of The Hague (Netherlands) published a preliminary reference procedure (see here, in Dutch). The Court was asked to decide on the scope of the right of access under the GDPR. The defendant in this case was a bailiff involved in the bankruptcy procedure. The individual who was target of … Continue Reading
On December 9, 2019, the German Federal Data Protection Supervisory Authority (BfDI) imposed a 9.55 million Euro fine on the telecommunications company 1&1 Telecom GmbH. The BfDI found that the authentication procedures used by 1&1’s customer helpline were insufficient and failed to satisfy the requirements of Art. 32 GDPR. The company announced that it will … Continue Reading
On December 2, 2019, the German Supervisory Authorities issued a report evaluating the implementation of the EU General Data Protection Regulation (“GDPR”) in Germany. The report describes the Supervisory Authorities’ experience thus far in applying the GDPR and lists the provisions of the GDPR they see as problematic in practice. For each of these provisions, … Continue Reading
On July 22, 2019, the Italian supervisory authority for data protection (“Garante”) issued a judgment involving the so-called “right to be forgotten”. The Garante’s decision explores the boundaries of this right in a case in which Internet users could access an article by using a professional position as a search term, whereas it was not … Continue Reading
On July 24, 2019, the European Commission (“the Commission”) published a report appraising Europe’s progress in implementing the General Data Protection Regulation (“GDPR”) as a central component of its revamped data protection framework. In its report, the Commission highlights certain achievements resulting from implementation efforts, calls attention to issues that require further action, and describes … Continue Reading
You may have heard the phrase “dark patterns” as shorthand for various user interfaces designed to influence users’ decisions. They can range from the perfectly innocent to the unethical, and even illegal. Whatever the form, dark patterns have recently drawn attention from the mainstream press. Dark patterns are coming out from the shadows. And when … Continue Reading
On March 29, 2019, the ICO opened the beta phase of the “regulatory sandbox” scheme (the “Sandbox”), which is a new service designed to support organizations that are developing innovative and beneficial projects that use personal data. The application process for participating in the Sandbox is now open, and applications must be submitted to the … Continue Reading
On March 12, 2019, the European Data Protection Board (“EDPB”) issued an opinion in response to a series of questions about the competences, tasks and powers of European supervisory authorities for data protection (“SAs”), when the processing of personal data triggers the material scope of both the ePrivacy Directive and the General Data Protection Regulation … 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
It has been a busy year for privacy and cybersecurity. Here is a look back at the highlights of 2018 and a preview of what 2019 may have in store in the United States, Europe, and China:… Continue Reading
Last week, the National Telecommunications and Information Administration (“NTIA”) released submissions it had received from the Federal Trade Commission (“FTC”) staff and many other parties on NTIA’s proposed framework for advancing consumer privacy while protecting innovation. Although NTIA did not request comments on a possible federal privacy bill, most submissions took the opportunity to inform … Continue Reading
Earlier this year, in the run-up to the General Data Protection Regulation’s (“GDPR”) May 25, 2018 date of application, a major question for stakeholders was how zealously the GDPR would be enforced. Now, as the GDPR approaches its six-month birthday, an answer to that question is rapidly emerging. Enforcement appears to be ramping up significantly. … 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
On 25 May 2018, the EU General Data Protection Regulation (GDPR) came into effect. The GDPR establishes some of the most robust privacy requirements globally and is likely to be a model followed by other jurisdictions. Airlines are uniquely affected by the GDPR with passenger data being at the heart of their business and international … Continue Reading
Designing data-driven products and services in compliance with privacy requirements can be a challenging process. Technological innovation enables novel uses of personal data, and companies designing new data-driven products must navigate new, untested, and sometimes unclear requirements of privacy laws, including the General Data Protection Regulation (GDPR). These challenges are often particularly acute for companies … Continue Reading
