On May 11, 2020, the UK Information Commissioner’s Office (“ICO”) published guidance on how employers should handle data in the event they choose to test their employees for COVID-19.

The guidance provides a clear reminder that employers must comply with both the General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018 (“DPA”), and that health data, in particular, attracts additional protections.
Continue Reading ICO Issues COVID-19 Guidance for Employers

As scientists work around the clock to gain insights into the Corona virus and how to fight it, public and private-sector stakeholders are in discussions to promote the rapid exchange of scientific data. During these discussions, the GDPR acronym inevitably rears its head and casts doubt over what is lawful. The GDPR and national data

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 guidance consists of 17 recommendations, each covering a key principle supported by additional advice and examples.  Below, we list all 17 of these recommendations and provide a brief summary of the CNIL’s advice related to each.


Continue Reading French Supervisory Authority Publishes Guidance for Website and App Developers

On October 30, 2019, the supervisory authority (“SA”) of Berlin issued a € 14.5 million fine against the real estate company Deutsche Wohnen SE for storing personal data of tenants without a legal basis (Art. 6 GDPR) and for not implementing the GDPR principle of privacy by design (Art. 5 and 25(1) GDPR) (press release

On July 10, 2019, the European Data Protection Board (“EDPB”) and the European Data Protection Supervisor (“EDPS”) issued a joint assessment of the impact of the U.S. Clarifying Overseas Use of Data Act (“CLOUD Act”) on the legal framework for the protection of personal data in the EU.

The EDPB is an independent body composed of representatives from the EU Member States’ Supervisory Authorities for data protection, the national bodies enforcing EU data protection law, such as the General Data Protection Regulation (“GDPR”).  The EDPS is a separate European body whose primary role is to ensure that European institutions respect data protection law.  Though separate bodies, the EDPB and EDPS (hereafter “the institutions”) work jointly on some matters.  Opinions issued by the institutions are not legally binding, but may be influential and are indicative of the stance of European privacy regulators regarding certain issues.

The institutions note that the extraterritorial effect of the CLOUD Act could result in service providers being “susceptible to facing a conflict of laws between US law and the GDPR and other applicable EU or national law of the Member States.”


Continue Reading European Data Protection Board Issues Opinion on U.S. CLOUD Act

On 9 April 2019, the European Data Protection Board (“EDPB”) adopted new guidelines “on the processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects.”

In general, the GDPR requires that processing of personal data be justified under a legal basis in Article 6 GDPR.