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Tag Archives: EU Data Protection Regulation

Posted in Data Protection & Privacy Eduardo Ustaran

Future-Proofing Privacy: The Time Has Come

It has taken several years but we have finally made it to the start line. The modernisation of European privacy laws has reached a critical milestone and with the formal adoption of the new data protection framework, we can now begin to lay the foundations for the future.

Influenced by overwhelming technological advances and the Snowden revelations, the EU Data … Continue Reading

Posted in Data Protection & Privacy Eduardo Ustaran

Why Europe’s New Privacy Reg is a Business-Critical Issue

It has finally happened. Like that train you are waiting for that keeps getting delayed but eventually arrives. The all-powerful trio comprising the European Parliament, the Council of the EU and the European Commission arrived at their destination after a journey of four years, and on December 15th, 2015, agreed the final text of the EU General Data Protection Regulation … Continue Reading

Posted in Data Protection & Privacy Sarah Taieb

CNIL Head of Compliance Explains Approach on Connected Devices, Including Smart Meters

Speaking at a recent conference organized jointly by AmCham and EY on “the Internet of Things, Opportunities and Challenges for the Protection of Personal Data”, Sophie Nerbonne, Head of Compliance at the French data protection authority (the CNIL) explained how the CNIL views the opportunities and risks raised by connected devices, focusing particularly on smart meters as a scheme that … Continue Reading

Posted in Data Protection & Privacy Mac Macmillan

“Europe’s Big Opportunity” – The European Data Protection Supervisor on the General Data Protection Regulation

Following on from the Article 29 Working Party’s Opinion in June, the European Data Protection Supervisor (EDPS) has now published his own recommendations for the proposed General Data Protection Regulation (GDPR).  Unsurprisingly, given that the EDPS is a member of the Working Party, the views expressed are in line with that Opinion. At this point you may be tempted to … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation

Part 4: Future-proofing privacy: Justifying Data Uses – From Consent to Legitimate Interests

Grounds for processing

Under the Data Protection Directive, each instance of data processing requires a legal justification – a “ground for processing”. This fundamental feature of EU data protection law remains unchanged under the draft Regulation. However, the bar for showing the existence of certain grounds for processing will be set higher, particularly in relation to consent.

Stringent and uncertain Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation

Part 2: Scope of the Application of the Law

What difference does a Regulation make?

Unlike EU ‘directives’, EU ‘regulations’ are by nature directly effective in EU Member States and so do not require further implementation into national laws. Previously, European data protection law was governed by the Data Protection Directive. It was the responsibility of Member States to implement the Data Protection Directive into their national law. When … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation

Future-Proofing Privacy: A Guide to Preparing for the EU Data Protection Regulation

It’s been a long way and the task is not over yet. However, there is light at the end of the EU data protection reform tunnel. The modernisation of European privacy laws has reached a critical milestone and we can now safely assume that this process will culminate in a radical new framework in a matter of months.

Influenced by … Continue Reading

Posted in Data Protection & Privacy Victoria Hordern

The Treatment of Health Data Under the EU Data Protection Regulation – Cause for Hope?

On 9 March, the Council of the EU issued a partial general approach on a key chapter (Chapter II) of the EU Data Protection Regulation which has implications for the regulation of health data. The Council’s stance has been welcomed by a number of healthcare commentators as it promotes a more flexible approach to the use of health data and … Continue Reading