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Tag Archives: General Data Protection Regulation

Posted in Data Protection & Privacy Eduardo Ustaran

The Future of International Data Transfers

With the current focus on the coming into effect of the EU General Data Protection Regulation (GDPR), one could (almost) be forgiven for forgetting about the question of international data flows. However, given the political and legal developments currently affecting the future of international data transfers, that would be a very serious strategic mistake. Legitimising data globalisation remains a top … Continue Reading

Posted in Data Protection & Privacy Eduardo Ustaran

Cookie Consent Is the New Panic

Judging by the number of calls and the intensity of the discussions about how to comply with the cookie consent requirement in a post-GDPR world, this issue has become a top worry for organisations and data protection officers. Partly due to the visibility of the mechanisms used to collect this consent, and partly due to the potential implications of operating … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Mark BrennanTimothy Tobin

California Enacts Sweeping New Comprehensive Privacy Legislation

California continues to be a first mover in privacy in the United States, enacting the US’s toughest and most comprehensive privacy legislation on Thursday, June 28, 2018. Unlike existing state and federal privacy legislation that has generally focused on specific sectors or privacy issues, the California Consumer Privacy Act of 2018 (AB 375), applies broadly to businesses that … Continue Reading

Posted in Data Protection & Privacy

Hogan Lovells Updates Practical GDPR Guide

With the coming into effect of the GDPR on 25 May 2018, the modernisation of European privacy laws has reached a critical milestone. Businesses operating in Europe or targeting European customers now need to comply with the new regime. At stake are not only the consequences of non-compliance, but also the ability to take advantage of new technologies, data analytics … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Winston MaxwellHarriet PearsonJohn SalmonEduardo Ustaran

Getting to data nirvana – using the GDPR to create data value

“Getting to Data Nirvana” is our four-step approach to help you integrate your legal, regulatory and compliance work streams into your organisation’s overall data strategy.

The job of the legal and compliance teams is to make sure that their company’s data projects do not breach applicable laws.

Their task is not easy because the number of laws regulating the processing … Continue Reading

Posted in Data Protection & Privacy Tim Wybitul

GDPR Guidance – European Data Protection Board Adopts Art. 29 Working Papers

Data protection authorities set out guidelines for the application of the new EU General Data Protection Regulation

The European Data Protection Board (EDPB) is the joint coordination body of the EU data protection authorities. The EDPB provides guidance on the application of the EU Data Protection Regulation (GDPR). With the GDPR having come into force, the EDPB thus replaces the … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Winston MaxwellPatrice Navarro

One day before the entry into force of the GDPR, the French bill is adopted… but referred to the French Constitutional Council (“Conseil Constitutionnel”)

The General Data Protection Regulation (GDPR) will enter into force on 25 May 2018. In light of the urgency to adapt Law no. 78-17 dated 6 January 1978 to the new European Union law, the French Government has initiated an accelerated procedure. This procedure led to the adoption in final reading by the French National Assembly of the bill on Continue Reading

Posted in Data Protection & Privacy, Internet, Technology Christine Gateau

Following a cyber attack, IoT device manufacturers, data controllers, and sellers could face liability under the EU’s Product Liability Directive and the GDPR

Advancements in technology may provide consumers with a continuous stream of upgraded products, but they’re also proving that current security and privacy regulations fall short within the Internet of Things (IoT). New devices with unprecedented capabilities are challenging traditional beliefs about liability and consumer protections. In an environment of ever-changing regulations, how do device manufacturers reduce liability risks?

In this … Continue Reading

Posted in Data Protection & Privacy Eduardo Ustaran

The True Global Effect of the GDPR

“European data protection rules will become a trademark people recognise and trust worldwide”. That is how, in January 2012, Viviane Reding – then Vice-President of the European Commission and EU Justice Commissioner – ended her announcement of the widest reform of privacy and data protection law ever attempted. Six years later, this ambitious aim is becoming a reality. Organisations from … Continue Reading

Posted in Data Protection & Privacy Winston Maxwell

DSM Watch: Stakes high for IoT industry in European ePrivacy debate

Following the European Commission and European Parliament’s proposed versions of the EU Regulation on Privacy and Electronic Communications (the ePR), we are now waiting for the Council of the European Union to agree their position before discussions between the three bodies can begin. A discussion paper from the Bulgarian Presidency of the Council dated 11 January 2018 (the PaperContinue Reading

Posted in Data Protection & Privacy

Hogan Lovells Launches GDPRnow App

Exactly one year before the EU General Data Protection Regulation (GDPR) becomes applicable, global law firm Hogan Lovells has launched GDPRnow, a mobile application that provides companies with assistance to identify practical steps to comply with the new framework.

Conceived entirely in-house by the firm’s Privacy and Cybersecurity team, GDPRnow is the first app ever aimed at … Continue Reading

Posted in Data Protection & Privacy Tim WybitulDr. Wolf-Tassilo Böhm

German Parliament Passes New Federal Data Protection Act

On 27 April 2017 the German Parliament passed an entirely new Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG). The new BDSG replaces the old BDSG, which has been in force for the last 40 years. The new BDSG shall adapt the German law to the provisions of the EU General Data Protection Regulation (GDPR). The new … Continue Reading

Posted in Data Protection & Privacy

Article 29 Working Party Issues Guidance on Data Protection Impact Assessments

The steady trickle of GDPR guidance from the Article 29 Working Party continues. Fresh from finalising its guidance on data portability, lead supervisory authorities and data protection officers, the Working Party has published draft guidance on data protection impact assessments (DPIA), the full text of which is available on the Working Party website. Comments can be submitted to the … Continue Reading

Posted in Data Protection & Privacy

State of the Cyber Nation: UK Government Report on Cybersecurity Breaches

On 19 April 2017, the UK Government’s Department for Culture, Media and Sport (DCMS) published a report on cybersecurity breaches and how they affected UK companies in the last year. Headline statistics from the report include:

  • 61% of businesses hold personal data electronically;
  • 46% of all UK businesses identified at least one cybersecurity breach in the past year, rising to
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Posted in Data Protection & Privacy Mac Macmillan

UK ICO Requests Input for Guidance on GDPR Profiling Requirements

The UK ICO has published what it describes as a feedback request on profiling and automated decision-making, with the intention that responses will “help inform the UK’s contribution to the WP29 guidelines due to be published later this year.”

Given the growing importance of profiling to most businesses,  companies should consider whether they wish to contribute their views, particularly on … Continue Reading

Posted in Data Protection & Privacy Mac Macmillan

ICO Issues Fine for Marketing Emails Disguised as Service Messages

The Information Commissioner’s Office (ICO) has issued a £70,000 fine against Flybe and a £13,000 fine against Honda Motor Europe Ltd for breaching Regulation 22 of the Privacy and Electronic Communications Regulations (PECR) by sending emails requesting individuals to update their marketing preferences. The two cases confirm that:

  • the interpretation by the ICO of what constitutes “marketing material” is very
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Posted in Data Protection & Privacy Mac Macmillan

UK ICO Publishes Guidance on Consent Under GDPR

The UK Information Commissioner’s Office has just published draft guidance on consent under GDPR. This is an interesting move given that the Article 29 Working Party has promised guidance on the same topic later this year, but reading the guidance makes it clear why the ICO decided to prioritise it: many of the practices which it identifies as unacceptable are … Continue Reading

Posted in Data Protection & Privacy Victoria Hordern

Health Company Fined by UK’s Information Commissioner Office

Last week, the UK’s Information Commissioner’s Office (ICO) published a monetary penalty notice which fined a private healthcare company, HCA International, £200,000 for its failure to keep sensitive data secure.

In this instance, several data protection compliance issues were at stake – HCA had engaged a subcontractor based in India to process sensitive personal data without putting an agreement in … Continue Reading

Posted in Data Protection & Privacy

Privacy and Cybersecurity March 2017 Events

Please join us for our March 2017 Privacy and Cybersecurity Events.

March 2
Privacy Women Showcase
Julie Brill will be speaking at a NY Bar Association event on “Careers in Privacy.”
Location: New York, New York

 

March 14
Connected Car Technologies and Trends
Tim Tobin will speak on “Protecting the Connected Car” at Automotive Megatrends’ Connected Car Detroit
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Posted in Data Protection & Privacy Eduardo Ustaran

ICO Turns Spotlight on Data Broker Industry

Data brokers are organisations that obtain data from a variety of sources and then sell or license it to third parties. Many trade in personal data, which is purchased by their customers for several purposes, most commonly to support marketing campaigns. In 2012, data brokers’ trade in personal data was reported to have generated over $150 billion in revenue.

The … Continue Reading

Posted in Data Protection & Privacy Tim Wybitul

Interview with Jan Albrecht, Dr. Stefan Brink and Tim Wybitul on the New German Data Protection Bill

On 1 February 2017, the German federal cabinet adopted a draft data protection bill. The planned implementation statute aims to supplement and further define the EU General Data Protection Regulation, which will come into force in 2018. The Chronicle of Data Protection’s summary of the most relevant aspects of the draft bill can be found here. We turn now … Continue Reading