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Dispatch from Brussels: GDPR enforcement, guidance to come in 2019

During her interview with IAPP Chief Knowledge Officer Omer Tene, Dixon said major GDPR-related fines will not come down the pike in 2018, but it’s safe to expect some fines in 2019. This notion was foreshadowed earlier in the day by the EDPB’s Jelinek during her keynote address.

Notably, both Jelinek and Dixon said no cross-border cases have been escalated to the EDPB. But that doesn’t mean enforcement is far away.

Full article: Dispatch from Brussels: GDPR enforcement, guidance to come in 2019

ICO issues the first fines to organisations that have not paid the data protection fee

Organisations across the business services, construction and finance sectors are among the first to be fined by the ICO for not paying the data protection fee.

All organisations, companies and sole traders that process personal data must pay an annual fee to the ICO unless they are exempt. Fines for not paying can be up to a maximum of £4,350.

Source: ICO issues the first fines to organisations that have not paid the data protection fee. | ICO

Germany’s first fine under the GDPR offers enforcement insights

On Nov. 21 , the State Commissioner for Data Protection and Freedom of Information Baden-Wuerttemberg (LfDI) imposed the first fine under the GDPR in Germany – on a social media company for a violation of its data security obligations.

This is not the first GDPR-related fine in Europe which has become publicly known: the Austrian DPA imposed a €4,800 fine for illegal video surveillance activities, and a €400,000 fine was imposed in Portugal on a hospital after staff members illicitly accessed patient data. However, the current example from Germany provides further insights into how DPAs intend to use their new, heightened fining powers under GDPR.

Full article: Germany’s first fine under the GDPR offers enforcement insights

Uber fined more than $1 million by U.K. and Dutch authorities

Uber was fined a combined $1.17 million by British and Dutch authorities Tuesday for a 2016 data breach that exposed the personal details of millions of customers. The penalties come from the U.K.’s Information Commissioner’s Office and the Dutch Data Protection Authority.

Source: Uber fined more than $1 million by U.K. and Dutch authorities

Uber fined £385,000 for data breach affecting millions of passengers

Uber’s European operation has been fined £385,000 for a data breach that affected almost 3 million British users, the Information Commissioner’s Office has announced.

In November 2016, attackers obtained credentials to access Uber’s cloud servers and downloaded 16 large files, including the records of 35 million users worldwide. The records included passengers’ full names, phone numbers, email addresses, and the location where they had signed up.

Source: Uber fined £385,000 for data breach affecting millions of passengers

FTC Gives Final Approval to Settlements in Privacy Shield Cases

US Federal Trade Commission has given final approval to settlements with four companies over allegations that they falsely claimed certification under the EU-U.S. Privacy Shield framework, which establishes a process to allow companies to transfer consumer data from European Union countries to the United States in compliance with EU law.

As part of the proposed settlements with the FTC, all four companies are prohibited from misrepresenting the extent to which they participate in any privacy or data security program sponsored by the government or any self-regulatory or standard-setting organization, and must comply with FTC reporting requirements. In addition, VenPath and SmartStart must continue to apply the Privacy Shield protections to personal information they collected while participating in the program, protect it by another means authorized by the Privacy Shield framework, or return or delete the information within 10 days of the order.

Source: FTC Gives Final Approval to Settlements with Four Companies Related to EU-U.S. Privacy Shield | Federal Trade Commission

How a small French privacy ruling could remake adtech for good

A ruling in late October against a little-known French adtech firm that popped up on the national data watchdog’s website earlier this month is causing ripples of excitement to run through privacy watchers in Europe who believe it signals the beginning of the end for creepy online ads.

CNIL’s decision suggests that bundling consent to partner processing in a contract is not, in and of itself, valid consent under the European Union’s General Data Protection Regulation (GDPR) framework.

Full article: How a small French privacy ruling could remake adtech for good | TechCrunch

First German data protection authority issues GDPR fine

The State Commissioner for Data Protection and Freedom of Information Baden-Wuerttemberg (LfDI) was the first German data protection authority to impose a fine under the GDPR. The fine of € 20,000 sanctions the violation by a social media company of its obligation to ensure data security of processing of personal data pursuant to Art. 32 (1) (a) GDPR (obligation to pseudonymise and encrypt personal data).

Full article: Germany: First data protection authority issues GDPR fine

UK ICO Issues Warning to Washington Post Over Cookie Consent Practices

UK Information Commissioner’s Office (“ICO”) issued a warning to the U.S.-based The Washington Post over its approach to obtaining consent for cookies to access the service. The Washington Post presents readers with option of free access to a limited number of articles dependent on consent to the use of cookies and tracking for the delivery of personalized ads. To avoid a third party ad tracking (and advertising), a higher fee premium subscription should be choosed.

ICO concluded that since The Washington Post has not offered a free alternative to accepting cookies, consent cannot be freely given and the newspaper is in contravention of Article 7(4) of the EU General Data Protection Regulation (“GDPR”).

Source: UK ICO Issues Warning to Washington Post Over Cookie Consent Practices

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