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Category Archives for "Legislation"

Will The Consent Collected Before GDPR Still Be Valid?

The “Guide on the Application of the European Personal Data Protection Regulation” published by the Italian DPA states, in the “Recommendations” at the foot of the consensus form, that: “The consent obtained before May 25, 2018 remains valid if it has all of the above characteristics.

Source: Will The Consent Collected Before The Effective Date Of Gdpr Still Be Valid?

European Privacy Officials Push for Answers on Status of US Privacy

The Article 29 Working Party , an expert group of European privacy officials, is pressing the European Commission to closely evaluate the EU-US Privacy Shield , a framework permitting the flow of European consumers’ personal data to the United States.

Source: European Privacy Officials Push for Answers on Status of U.S. Privacy

Belgian DPA Issues Recommendation on DPO Appointment under GDPR

Recently, the Belgian Privacy Commission (the “Belgian DPA”) released a Recommendation (in French and Dutch) regarding the requirement to appoint a data protection officer (“DPO”) under the EU General Data Protection Regulation (“GDPR”).

The Recommendation aims to provide guidance in response to the many questions that the Belgian DPA has received so far regarding the DPO function, in particular regarding the compatibility of the DPO function with other existing functions within a company (e.g., security officer, compliance officer, risk manager, human resources director, IT director).

Source: Belgian DPA Issues Recommendation on DPO Appointment under GDPR : : Privacy & Information Security Law Blog

Survey: 61 percent of companies have not started GDPR implementation

Is your company getting ready for the General Data Protection Regulation? If so, it might be in the minority. That’s because, according to research conducted by TrustArc, the answer is likely no.

In their survey, “Privacy and the EU GDPR,” TrustArc, formerly known as TRUSTe, polled 204 privacy professionals from companies across several industries that are subject to the GDPR.

Source: Survey: 61 percent of companies have not started GDPR implementation

Fieldfisher Publishes its GDPR App

On June 06, 2017, European law firm Fieldfisher launched mobile app: “A Complete Guide to the GDPR”. The app provides complete guide to Europe’s new General Data Protection Regulation (GDPR). Unfortunatelly, at the moment app is available only for iOS.

Source: Get ready for regulation – Download the Fieldfisher GDPR App – Fieldfisher

Italian DPA’s Annual Report previews future GDPR enforcement action

On June 6, the Italian Data Protection Authority, the Garante, presented its 2016 Annual Activity Report, focusing on several current data privacy issues and highlighting its efforts with regard to the upcoming entry into force of the General Data Protection Regulation in May 2018.

Source: Italian DPA’s Annual Report previews future GDPR enforcement action

CIPL Issues Recommendations for Implementing Transparency, Consent and Legitimate Interest under the GDPR

Recently, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP issued a white paper on Recommendations for Implementing Transparency, Consent and Legitimate Interest under the GDPR (the “White Paper”). The White Paper sets forth guidance and recommendations on the key concepts of transparency, consent and legitimate interest under the EU General Data Protection Regulation (“GDPR”).

Source: CIPL Issues Recommendations for Implementing Transparency, Consent and Legitimate Interest under the GDPR

D.P.O. guidance: clear as M.U.D?

The newly codified position of data protection officer (” DPO “) is creating sleepless nights for many of our clients. Whilst data-savvy organisations may already have such an individual (or team), the GDPR makes it clear that it has a particular role in mind: compliance officer, expert, PR liaison and strategist.

Source: D.P.O. guidance: clear as M.U.D?

EU ePrivacy Regulation Proposal Falls Short of Parliament’s Expectations

The European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs commissioned a study to assess the European Commission’s draft e-Privacy Regulation, which was published in January 2017. The e-Privacy Regulation aims to harmonise privacy rules across the EU in the area of electronic communications, but the study has found that the draft e-Privacy Regulation does not as far as the GDPR in some respects. This contrasts with many other views expressed publicly, which regarded the Commission’s draft as a tightening of the GDPR regime. A central theme of the study, which was carried out by academics of the IViR Institute for Information Law, University of Amsterdam, is the need to protect privacy of correspondence regardless of medium or any other factor. The EU legislative institutions are urged to pay extra attention to four areas in which it is felt that there is insufficient protection of the right to privacy and confidentiality of communications. We explore these issues in the following post.

Source: EU ePrivacy Regulation Proposal Falls Short of Parliament’s Expectations | HL Chronicle of Data Protection

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