Schrems Judgment in the Irish Commercial Court Raises Concerns over the “Model Contracts” for Transfer of Personal Data Out of Europe
An Irish High Court ruling may have a significant impact on one of the main mechanisms that global companies use to transfer personal data out of the European Economic Area (“EEA”). The Irish High Court ruled on 3 October 2017 that the Standard Contractual Clauses (“SCCs”) used by companies to transfer data from the EEA to US, also frequently referred to as “Model Contracts,” must be the subject of review by the Court of Justice of the European Union. (more…)
ECHR Ruled on Monitoring of Employee’s Electronic Communication
On 5 September 2017, the Grand Chamber of the European Court of Human Rights (the “ECHR”) overturned the previous decision of the ECHR (sitting as a Chamber) and ruled that the Romanian courts had failed to strike a fair balance between the interest of an employer to monitor its employees’ electronic communications to ensure the smooth operation of the company and the employee’s right to respect for his private life and correspondence under Article 8 of the European Convention on Human Rights. However, in a question and answer section on its website the EHCR made it clear that the ruling does not mean that employers cannot monitor employee’s communications at work. Employers may still monitor their employee’s communications as long as such a measure is accompanied by “adequate and sufficient safeguards against abuse.” (more…)
UK Government Publishes Draft Data Protection Bill
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 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. (more…)
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. (more…)
WP29 Adopts Final GDPR Guidelines on Data Portability
The EU’s Article 29 Working Party (“WP29”) adopted, on 5 April 2017, final guidelines on the new right of data portability under the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) which applies from 25 May 2018. (more…)
New German Federal Data Protection Act Passed by German Parliament; Provisions Could Conflict with GDPR Undermining Uniformity
On 27 April 2017 the German Parliament passed the new Federal Data Protection Act (the Bundesdatenschutzgesetz or “new BDSG”) which from 25 May 2018 will replace the current German Data Protection Act. The new BDSG adapts German law in line with the EU’s new General Data Protection Regulation (the “GDPR”). The GDPR has direct effect in EU members states, but it allows member states to pass legislation which supplements the GDPR but is consistent with it.
EU Lawmakers Say That Privacy Shield Deficiencies Must Be Fixed Urgently
On 6th April, 2017, the European Parliament adopted a resolution stating that there are deficiencies in the EU-US data transfer accord Privacy Shield which must be “urgently resolved” in order to give citizens and companies legal certainty. MEPs called on the EU Commission to conduct an assessment and to ensure that the Privacy Shield complies sufficiently with the EU Charter of Fundamental Rights and new EU data protection rules. (more…)
Update on the Legal Challenge to Standard Contractual Clauses
The closely followed case challenging the validity of Standard Contractual Clauses for the transfer of personal data outside the EEA to countries considered not to provide an adequate level of data protection, including the US, is progressing with a hearing coming up February 7th and schedule set for the proceedings, including amicus participation.
ESAs release Consultation Paper on Big Data
On December 19, 2016 the Joint Committee of the European Supervisory Authorities (“ESAs”) launched a public consultation (the “Consultation”) on the potential benefits and risks of Big Data for consumers and financial firms to determine whether any regulatory or supervisory actions will be required. The ESAs are three EU-wide supervisory authorities, the European Banking Authority (“EBA”), European Securities and Markets Authority (“ESMA”) and the European Insurance and Occupational Pensions Authority (“EIOPA”).