Tag Archives for " law "

Will Bulgaria get ePrivacy done in time?

Earlier this month the current Bulgarian Presidency of the European Council sent out a progress report on the draft ePrivacy regulation, and the question on everyone’s lips was whether there would be a general approach before Bulgaria gives up the presidency at the end of June.

Read full article: Will Bulgaria get ePrivacy done in time? Doesn’t look good

EU ministers to consider proposals on drone safety standards

On Tuesday, the European Parliament agreed draft regulations to create EU standards for manufacturers which must now be put before EU member states ministers for approval.

Maximum altitude and distance limits for drone flights will be set, alongside additional safety features, common certification and training rules. The draft EU rules are designed to be proportionate to the risk posed by drone flights. Privacy and data protection rights must be safeguarded and drone operators should have sufficient training to fly.

Source: EU ministers to consider proposals on drone safety standards

How GDPR changes use of Browser Fingerprinting and Web Trackers

Browser fingerprinting is on a collision course with privacy regulations. Compared to more well-known tracking “cookies,” browser fingerprinting is trickier for users and browser extensions to combat: websites can do it without detection, and it’s very difficult to modify browsers so that they are less vulnerable to it. As cookies have become more visible and easier to block, companies have been increasingly tempted to turn to sneakier fingerprinting techniques.

But companies also have to obey the law. And for residents of the European Union, the General Data Protection Regulation (GDPR), which entered into force on May 25th, is intended to cover exactly this kind of covert data collection. The EU has also begun the process of updating its ePrivacy Directive, best known for its mandate that websites must warn you about any cookies they are using.

Read article: The GDPR and Browser Fingerprinting: How It Changes the Game for the Sneakiest Web Trackers

The California Consumer Privacy Act of 2018 is not at all like the GDPR

There seems to be a rise in fearmongering about the next big potential privacy legislation on the horizon after GDPR – the California Consumer Privacy Act of 2018. Consultants, bloggers, and, sadly, some well-respected law firms, have hyped the initiative as “very similar to the GDPR,” and a “sweeping, GDPR-like privacy regime.”

However,California Consumer Privacy Act of 2018 is not like GDPR. The Act is not an “act” at all – it is an initiative that may appear on the ballot in California during the November elections. And while the ballot initiative proposes some interesting, and arguably misguided, privacy requirements, few of those requirements have any analog within the GDPR. Furthermore equating the California initiative to the GDPR masks its real aim, purpose, and danger.

Read full article: Bryan Cave – Stop the hype! The California Consumer Privacy Act of 2018 is not at all like the GDPR

GDPR implementation bills: The election problem

It is by now no secret that a lot of EU countries won’t have implementing acts ready in time for the introduction of the General Data Protection Regulation this week. While this is unlikely to be the end of the world for most companies — the GDPR doesn’t need to be transposed into member states’ national laws to apply — it does create a level of confusion where the new regulation clashes with still-active national implementations of the old EU Data Protection Directive.

Read full article: GDPR implementation bills: The election problem

New French data protection law declared constitutional and ready for promulgation

The French Constitutional Council has issued its ruling on June 12 regarding the new data protection law implementing the EU General Data Protection Regulation (GDPR). It’s a PASS! Almost a month after Senators referred the newly adopted data protection law to the Constitutional Council, thus blocking its promulgation on time for the GDPR’s entry into application last May 25, the suspense comes finally to an end.

Source: FRANCE: New data protection law declared constitutional and ready for promulgation

Bulgarian Presidency Presents Progress Report and Points for Debate on ePrivacy

On January 10, 2017, the EU Commission adopted a proposal for a Regulation on Privacy and Electronic Communications. On June 8, 2018, the Council of the European Union’s Bulgarian Presidency presented a progress report on the draft ePR to the Transport, Telecommunications and Energy Council.

The Report reflects on the amendments presented in the May 2018 Examination of the Presidency text. The Report is split into two sections: Annex I, a progress report, and Annex II, questions for the policy debate.

Source: Bulgarian Presidency Presents Progress Report and Points for Debate on ePrivacy

What role can internal auditors play in GDPR compliance?

As a function that has a holistic view of the organization, internal audit plays a role in evaluating the organization’s GDPR compliance. By taking up the role of a strategic partner of the data protection officer, internal auditors can help to guide the company strategy, raise awareness, assess the potential risks, identify gaps, and test the remediated procedures.

Read more: What role can internal auditors play in GDPR compliance?

GDPR harmonization: Reality or myth?

One primary goal in the EU’s enactment of the General Data Protection Regulation was to “harmonize,” or bring into conformity with each other, the data protection laws of the 28 EU member states.

Harmonization was also one of the main purposes for enacting the EU Data Protection Directive, which served as the source of EU data protection law prior to the GDPR. The EU decided that one major way to enhance harmonization through the new law was to enact it in the form of a regulation, rather than another directive. But scrutiny of the resulting regulation suggests that it may well not achieve the desired harmonization.

Source: GDPR harmonization: Reality or myth?

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