The Belgian Data Protection Authority Publishes Guidance on Records of Processing Activities Under the GDPR

The Belgian Commission for the Protection of Privacy (“Privacy Commission”) has recently published guidance on Article 30 of the GDPR which contains the obligation for data controllers and processors to record their processing activities.

This record will have to be up-to-date by 25 May 2018 and readily made available to the regulator should it ask to view it.

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Federal Agencies Focus on Risks, Guidance for Internet of Things

Businesses and consumers are increasingly using Internet of Things (“IoT”) devices to communicate and process quantities and types of information that have never before been captured.  In response, more federal agencies are turning their attention to the potential risks, and developing guidance for the deployment of IoT technologies.  The latest to weigh in on risks include the Governmental Accountability Office and the Department of Commerce.

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BBC Publishes Article Describing GDPR Panic Among Businesses

Today the BBC published a news article on the panic many businesses are now in over the imminent implementation of the GDPR in May 2018.

According to the BBC article, some research indicates just 29% of UK businesses have begun to prepare for the GDPR. Another forecast was that European financial institutions could face fines of nearly €5 billion in the first 3 years following the GDPR’s coming into force.

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Illinois Becomes the First State to Pass a Geolocation Privacy Protection Bill

On June 27, 2017, the Illinois General Assembly passed a bill seeking to limit the collection, use, retention, or disclosure of precise geolocation data from a mobile device without a person’s prior express and written consent.  This notable bill, the Geolocation Privacy Protection Act (“GPPA”), is on its way to Illinois Governor Bruce Rauner’s desk – although it is unclear if it will be signed or vetoed.  If signed, this bill would mark the first state geolocation privacy protection bill in the country—and represent the most stringent requirements related to geolocation data in the nation, potentially creating complex issues for the rapidly proliferating variety of mobile Internet of Things devices. 

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NYDFS Issues FAQs for Recently Issued Cybersecurity Regulations

On June 20, 2017, the New York State Department of Financial Services (“NYDFS”) expanded its set of frequently asked questions (“FAQs”) and answers concerning its recently finalized Cybersecurity Regulations (23 NYCRR 500.01), which set forth minimum requirements for NYDFS-regulated entities to address cybersecurity risk.  The now 17 questions included in the release address the types of entities that fall within the scope of the Regulations, the notice requirements attending a Cybersecurity Event (as defined in the Regulations), the annual certification requirement, and additional specific elements of the rules.

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CFTC Approves Amendments to Recordkeeping Rules

On May 23, 2017, the Commodity Futures Trading Commission (CFTC) unanimously approved proposed amendments to the recordkeeping obligations set forth in CFTC Regulation 1.31 (Recordkeeping Rule) which is applicable to all CFTC registered entities and other persons required to maintain records under the Commodity Exchange Act (CEA). The final amendments are intended to modernize the Recordkeeping Rule by making the form and manner in which regulatory records must be kept technology-neutral. The amendments provide recordkeepers with greater flexibility regarding the retention and production of CFTC regulatory records. The CFTC indicated that it does not believe the amendments impose any new recordkeeping requirements on any recordkeeper, and existing recordkeeping methods remain valid for compliance with the amended Recordkeeping Rule should a recordkeeper choose not to take advantage of the less-prescriptive, principles based approach of the amended Recordkeeping Rule. The final amendments also reorganized the Recordkeeping Rule for ease of understanding, including by adopting new definitions. The amendments represent a long-awaited and generally positive modernization of important CFTC rules that have often frustrated market participants. The effective date for the amended Recordkeeping Rule is August 28, 2017.

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