On 13 September 2017, the UK Government introduced the new Data Protection Bill (the “Bill”) in the House of Lords. If enacted, the Bill will repeal and replace the existing Data Protection Act 1998 and supplement the EU’s new General Data Protection Regulation (“GDPR”). (more…)
The EU Commission, through a joint statement on 4 July 2017 by Vera Jourova, EU Commissioner for Justice, and Haruchi Kumazawa, a Commissioner of Japan’s Personal Information Protection Commission, announced that the process is underway to provide Japan an EU adequacy decision on international data transfers by early 2018. Once approved, Japan will become the 13th country (crediting the US with an adequacy finding for organizations certifying under the Privacy Shield) globally and the first Asian country to be given adequate status by the EU Commission. (more…)
As the FinTech industry continues to expand, regulators around the globe are starting to react. The past 18 months have seen the emergence of a new trend in financial services regulation, the “sandbox.”
Since the launch of the UK’s regulatory sandbox in May 2016, regulators across the globe have adopted similar frameworks. There are now regulatory sandboxes in Abu Dhabi, Australia, Canada, Hong Kong, Lithuania, Singapore, Switzerland and Thailand, to name a few, and the European Union recently set out proposals for a possible EU-wide regulatory sandbox. (more…)
Brussels – Sidley Austin LLP is pleased to announce that Wim Nauwelaerts has joined the firm as a partner in its Brussels office. He will be a member of Sidley’s global Privacy and Cybersecurity practice. (more…)
Big Data has been a hot topic of discussion in recent years. This was especially the case in Brussels, where the fiercely debated EU General Data Protection Regulation (GDPR) was adopted in 2016. A major concern for all of us is personal privacy. Less discussed is the use of Big Data for social good.
A traditional sectoral approach to harnessing the potential of Big Data for social good is insufficient. This is the case in terms of organisations from different sectors partnering to develop new technologies. It also means that legislation and policies on Big Data must be forward thinking and facilitate cross-sectoral co-operation. (more…)
In a statement of intent published on 7 August 2017, the UK Government has committed to updating and strengthening data protection laws through a new Data Protection Bill (the “Bill”). The Bill will incorporate the new EU General Data Protection Regulation (the “GDPR”) into UK law.
According to the UK’s Minister of State for Digital, Matt Hancock, the Bill will “give [the UK] one of the most robust, yet dynamic, set of data laws in the world. The Bill will give people more control over their data, require more consent for its use, and prepare Britain for Brexit.” (more…)
On 26 July 2017, the Court of Justice of the EU (“Court”) issued its Opinion on the proposed EU-Canada Agreement on the transfer and processing of Passenger Name Record data (“PNR Data”). The opinion, issued by the Court’s Grand Chamber, confirms that the Court accepts the necessity of processing large amounts of personal data to protect against terrorism in general. However, in order to ensure compliance with the EU Charter of Fundamental Rights (“the Charter”), the Court will scrutinize the details of any EU legislative act to ensure that no data are retained or accessed without a clear link to the underlying justification of combating terrorism. (more…)
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. (more…)
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. (more…)
The English High Court recently handed down a judgment which limits the circumstances in which companies will be able to assert legal professional privilege in documents created as part of an internal investigation into potential criminal activity. The Court ruled that a claim for litigation privilege in the context of a criminal investigation will only be valid where, at the time that the relevant documents were created, the prospective defendant has sufficient knowledge about the matter to believe that there is a realistic prospect that a prosecutor will have enough material to proceed with a prosecution. The belief that a prosecutor will commence an investigation into a company is not sufficient to establish a claim for litigation privilege. The judge’s narrow interpretation of legal advice privilege also means that notes of interviews with employees will generally not attract privilege unless they provide “clues” as to aspects of legal advice given to the company. (more…)