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Draft data protection law submitted to Parliament of Georgia

The State Inspector presented the legislative proposal to the Parliament of Georgia aimed at bringing the Georgia’s personal data protection law to in line with EU legislation.

The Draft Law includes provisions on the principles of data processing, data subject rights, child consent, deceased persons data processing, monitoring, direct marketing, data controller and data processor’s obligations, data transfers, enforcement and penalties for non-compliance.

Source: Personal Data Protection Inspector’s Office

Consumer contract law in the age of data

As part of its 2015 Digital Single Market Strategy, the European Commission proposed modernising the rules applicable to sales of goods and introducing similar rules for the supply of digital content (such as digital films, music, e-books, applications) and digital services (such as social media platforms, on-line games, pay-per-view access to films, cloud computing, etc.).

After more than 3 years of negotiations, the EU adopted a package comprising a directive on contracts for the supply of digital content and services and a directive on contracts for the sale of goods, both applicable in B2C relations.

Full article: The EU makes B2C contract law enter the age of data

Hungarian GDPR amendments act enters into force

On 26 April 2019, the Act XXXIV of 2019 on the Legislative Amendments Implementing the European Union Data Protection Reform (‘the Act’) entered into force.

The Act aims to amend national legislation in line with the General Data Protection Regulation (GDPR). Hungary is one of last EU countries to adopt GDPR implementation act.

Access Act here (in Hungarian).

France enacts Decree on application of data protection

On 1 June 2019 Decree No. 2019-536 of 29 May 2019 Enacted For the Application of Act No. 78-17 of 6 January 1978 on Data Processing, Files and Individual Liberties came into force.

The Decree clarifies procedural rules of the French data protection authority, including its control and sanctions, and further specifies data subject rights. It also brings Act on Data Processing, Files and Individual Liberties in line with the General Data Protection Regulation (GDPR) and the Data Protection Directive with Respect to Law Enforcement.

Read the Decree here (in French).

US data privacy law talks break down

Debate to create uniform data privacy law across the US has broken down due to senators failing to decide how hard-line the new rules should be.

Politicians in America are in disagreement over the wording of key aspects of the new bill. After months of discussion in the Senate Commerce Committee, the bill is still not ready for publication. Insiders say talks between Democrats and Republicans have ground to a halt.

Tech firms, however, hope for the bill to be passed before the end of 2019, when the California Consumer Privacy Act (CCPA) will also come into being.

Source: US data privacy law talks break down

Europe seeks to lead a new world order on data

Brussels is pulling its weight as the world’s top trade bloc to export its privacy rules.

Ahead of a G20 ministerial meeting this weekend in Japan, EU officials are pushing to cement the region’s dominance over new standards about how companies send data between trading blocs. Europe’s goal is to establish the right to privacy — enshrined as a fundamental right in the region — in the way that data is exchanged between global businesses ranging from banks and insurers to hotels and online retailers.

Source: Europe seeks to lead a new world order on data – POLITICO

How did UK’s Government decide that the immigration exemption was in “the general public interest”?

The immigration exemption in Schedule 2 (paragraph 4) of the Data Protection Act 2018 (DPA2018) has always been controversial; it is subject to a judicial review by the High Court, in London, on July 23 & 24.

The controversy arises because an exemption that was not needed by the immigration authorities under the DPA1984, nor under the DPA1998, has nothing to do with crime, tax, any compulsory court order, any mandatory disclosure requirement or national security issue.

Full article: Judicial review: how did the Government decide that the immigration exemption was in “the general public interest”?

CIPL Issues White Paper on GDPR One Year In

On May 31, 2019, the Centre for Information Policy Leadership at Hunton Andrews Kurth LLP issued a white paper on “GDPR One Year In: Practitioners Take Stock of the Benefits and Challenges.”

The White Paper outlines the benefits that organizations have experienced over the past year as a result of their GDPR compliance efforts. It also describes the challenges and unfulfilled promises of the GDPR, identifying where organizations feel the GDPR has not lived up to its objectives and has presented practical difficulties that need to be addressed.

Read whitepaper: GDPR One Year In: Practitioners Take Stock of the Benefits and Challenges

Where is ePrivacy?

The ePrivacy Regulation has been referred to as the EU General Data Protection Regulation’s “sister legislation.”

But what kind of sister is it going to be? Will the ePR have an acrimonious love-hate relationship with the GDPR? Or, will it be loyal to the GDPR, satisfied with a pragmatic power-sharing arrangement? Or perhaps, leaving the GDPR behind, will ePR sit out on a revolutionary and bold pursuit of its own goals?

Read: The GDPR, one year on: What about ePrivacy?

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