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Harmonisation of EU Data Protection “becomes more distant” as Germany adopts GDPR bill

18 May 2017 The Federal Council (‘Bundesrat’) adopted, on 12 May 2017, a draft bill for a new Federal Data Protection Act (‘the Bill’), in light of the entry into force of the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’), and following its adoption by the Parliament (‘Bundestag’) towards the end of April.

Source: Germany: Harmonisation “becomes more distant” as Bundesrat adopts GDPR bill

The proposed ePrivacy Regulation: EDPS and WP29 express concerns with consent and tracking walls provisions and other issues

Since its hotly awaited publication in January, the Proposal for an ePrivacy Regulation (“ Proposal “) has come under scrutiny from various stakeholders. Recently both the Article 29 Working Party (“ WP29 “), and the European Data Protection Supervisor (“ EDPS “), have joined the chorus.

Source: The proposed ePrivacy Regulation: EDPS and WP29 express concerns with consent and tracking walls provisions and other issues

Italian DPA issues its guidelines on the GDPR

The European privacy regulation (GDPR) can now rely on detailed guidelines from Italian data protection authority on how to comply with it. After the French and the Dutch data protection authorities, the Italian privacy regulator, Garante per la protezione dei dati personali, (the “Italian DPA “) issued its 6 step methodology on the GDPR which aims at also increasing awareness on the most relevant changes introduced: 1. More detailed consent and broader legitimate interest As already provided by the current regime, any type of processing of personal data needs to have a legal basis justifying it.

Source: ITALY: The privacy authority issues its guidelines on the GDPR

May 2018 deadline for EU ePrivacy Regulation may be unrealistic

Member States are still preparing their national positions on EU Commission’s proposal for an ePrivacy Regulation. However, the EU Council’s Maltese Presidency’s progress report reveals that some Member States think that ePrivacy Regulation may be too difficult to achieve by May 25, 2018 to come into force at the same time as General Data Protection Regulation (GDPR).

Source: May 2018 deadline for EU e-Privacy Regulation may be unrealistic – Privacy Laws & Business

EDPS publishes necessity toolkit

In April European Data Protection Supervisor (EDPS) published necessity toolkit.

The toolkit is designed to help policymakers identify the impact of new laws on the fundamental right to data protection and determine the cases in which the limitation of this right is truly necessary.

Source: Privacy-friendly policymaking made easier: EDPS issues the necessity toolkit

What will the next Irish Data Protection Act say?

The General Data Protection Regulation is an EU Regulation, which means that it has direct effect inside (and indeed outside) the EU. Member States do not have to do anything further in order for the GDPR to apply on May 25, 2018. However, the GDPR allows EU Member States to adapt some of its provisions; other provisions such as the imposition of fines and other sanctions may require some statutory procedures in order to be fully effective. Therefore Ireland, like other EU Member States, will amend its national data protection laws to take account of the GDPR.

Source: What will the next Irish Data Protection Act say?