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Tag Archives for " European Commission "

European Commission Publishes Draft ‘Article 28’ Standard Contractual Clauses

In addition to issuing new (draft) standard contractual clauses for transferring personal data outside of the EEA, on November 12, the European Commission published a draft decision on standard contractual clauses between controllers and processors for the matters referred to in Article 28 of GDPR.

Use of the Clauses is not compulsory, and controllers and processors may still choose to negotiate individual contracts to satisfy the requirements of Article 28 GDPR and allow a certain degree of flexibility.

The Clauses are currently open for public consultation until 10 December 2020.

Source: European Commission Publishes Draft ‘Article 28’ Standard Contractual Clauses | Alston & Bird Privacy Blog

European Commission Publishes Draft of New Standard Contractual Clauses

On November 12, 2020, the European Commission published a draft implementing decision on standard contractual clauses for the transfer of personal data to third countries pursuant to the EU General Data Protection Regulation (GDPR), along with its draft set of new standard contractual clauses (SCC).

The SCCs are open for public consultation until December 10, 2020, and feedback may be submitted here. The adoption process for the SCCs requires an opinion of the European Data Protection Board and the European Data Protection Supervisor, and the positive vote of EU Member States through the comitology procedure. The final SCCs are expected to be adopted in early 2021.

Source: European Commission Publishes Draft of New Standard Contractual Clauses

Commission presses Zoom for security assurances but continues to use platform

The European Commission is looking for further assurances from US video conferencing platform Zoom regarding the security of its technology, after concerns emerged earlier this year over the company’s privacy protocols.

The Commission “has asked Zoom for its latest security audit reports and additional information, particularly relating to its encryption controls,” Human Resources Commissioner Johannes Hahn said on Tuesday (6 October), in response to a written question from Italian MEP Mara Bizzotto.

Source: Commission presses Zoom for security assurances but continues to use platform – EURACTIV.com

EU Commission fears UK data protection regime ‘may change in the future’

The European Commission has concerns that certain aspects of the UK’s data protection regime may change in the future and negatively impact the safety of EU personal data when transferred to the country.

The EU executive is conducting an assessment of the UK’s data protection landscape as part of a so-called ‘adequacy-decision,’ in order to determine if EU data can safely be transferred to the UK after Brexit.

“While the UK applies EU data protection rules during the transition period, certain aspects of its system may change in the future, such as rules on international transfers,” a Commission source told EURACTIV on Tuesday (22 September).

Source: Commission fears UK data protection regime ‘may change in the future’ – EURACTIV.com

EU Commission proposes Interim Regulation on the processing of personal and other data for the purpose of combatting child abuse

The European Commission published a proposal for a measures that would provide temporary exemptions from certain ePrivacy Directive (Directive 2002/58/EC) provisions communications service providers for the processing of personal and other data for the purpose of combatting child sexual abuse online.

At the moment eprivacy Directive does not provide such exemptions for voluntary processing of data by telecommunication service providers.The proposal would allow communications providers to use technologies to detect, report and remove child sexual abuse material.

Source: Interim Regulation on the processing of personal and other data for the purpose of combatting child sexual abuse | Shaping Europe’s digital future

The European Commission Considers Amending the General Data Protection Regulation to Make Digital Age of Consent Consistent

The European Commission published a Communication on its mandated two-year evaluation of the General Data Protection Regulation (GDPR) on June 24, 2020 in which it discusses as a future policy development “the possible harmonisation of the age of children consent in relation to information society services.”

Currently, the GDPR allows individual Member States some flexibility in determining the national age of digital consent for children between the ages of 13 and 16. However, upon the two-year review, the Commission expressed concerns that the variation in ages across the EU results in a level of uncertainty for information society services–any economic activities taking place online–and may hamper “cross-border business, innovation, in particular as regards new technological developments and cybersecurity solutions.”

Source: The European Commission Considers Amending the General Data Protection Regulation to Make Digital Age of Consent Consistent

Commission to ‘analyse necessity’ of GDPR infringement procedures

The European Commission will consider the necessity of introducing infringement procedures against member states that fail to comply with the EU’s general data protection regulation (GDPR), the Commission’s Justice Chief Didier Reynders has warned.

In the review, published towards the end of June, Ireland and Luxembourg were singled out as being under-resourced to the extent that their ability to ensure adequate GDPR compliance in their countries should be hindred.

Source: Commission to ‘analyse necessity’ of GDPR infringement procedures  – EURACTIV.com

Commission conducting ‘preparatory work’ should ECJ invalidate privacy shield

The European Commission is preparing for the eventuality that the European Court of Justice (ECJ) may invalidate the EU-US data transfer agreement, known as the Privacy Shield, Justice Commissioner Didier Reynders has said.

“We don’t have one plan, but we have some ideas about the different ways to give an answer, following the scope of the decision of the court,” he added, keeping his cards close to his chest, however, on the specifics of how the Commission would react to a legal invalidation of the Privacy Shield.

Source: Commission conducting ‘preparatory work’ should ECJ invalidate privacy shield  – EURACTIV.com

EU Commission publishes its evaluation of GDPR

On 24 June, the European Commission published its evaluation report of the GDPR, just over two years after the GDPR become applicable.

The Commission’s report, indicates that the GDPR has met most of its objectives, in particular in relation to individual enforceable rights and by creating a new European system of governance and enforcement.

Source: EU: EU Commission publishes its evaluation of GDPR

EU Commission Opens Public Consultation on Proposed Artificial Intelligence Regulatory Framework

On 19 February 2020, the European Commission published a white paper on the use of artificial intelligence (AI) in the EU. The White Paper forms part of the Commission President, Ursula Von der Leyen’s, digital strategy, one of the key pillars of her administration’s five year tenure, recognising that the EU has fallen behind the US and China with respect to the strategic deployment of AI.

To tackle this problem, the Commission proposes a common EU approach to ‘speed up the uptake’ of AI in the EU, whilst also tackling the human and ethical implications of AI’s fast growing use in the EU, including the possible downsides of its use, such as opaque decision making and hidden, embedded gender and racial discrimination.

Full article: European Commission’s Public Consultation on Proposed EU Artificial Intelligence Regulatory Framework

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