In December 2018, the European Commission published its report on the second annual review of the EU-US Privacy Shield (the “Report”). The Report concluded that the Privacy Shield “continues to ensure an adequate level of protection” for personal data transferred from the EU to the US. However, the Commission did identify a number of recommendations from the first annual review which still required implementation including the appointment by the US of a permanent ombudsperson to oversee complaints. To date, the U.S. has only appointed an interim ombudsperson (Manisha Singh). In the first annual review, the Commission did not set a deadline for the appointment. However, the latest review required an appointee to be identified by 28 February 2019 failing which the Commission will “consider taking appropriate measures.”
On January 25, 2019, the European Commission published a statement to mark Data Protection Day (January 28, 2019) which, this year, comes eight months after the entry into force of the General Data Protection Regulation (“GDPR”) on May 25, 2018.
The statement indicates that the European Commission considers the GDPR to have had a positive effect, in particular because European citizens are now more conscious of the importance of data protection and of their rights. The European Commission also notes that the Data Protection Authorities (“DPAs”) are enforcing the new rules and better coordinating their actions in the European Data Protection Board. (more…)
Under Article 35(3) of the EU General Data Protection Regulation (GDPR), organisations are required to conduct a data protection impact assessment (DPIA) where they: (i) engage in a systematic and extensive evaluation of personal aspects of individuals, based on automated processing, and on which decisions are based that produce legal or other effects that concern the individual, or (ii) process special categories of personal data (e.g. health data) on a large scale or personal data relating to criminal convictions, or (iii) engage in a systematic monitoring of a publicly accessible area on a large scale. (more…)
On November 23, 2018, the European Data Protection Board (“EDPB”) published draft guidelines seeking to clarify the territorial scope of the GDPR (“Guidelines”). The Guidelines have been eagerly awaited, particularly by controllers and processors outside of the EU looking for confirmation as to whether or not the EU data protection rules apply to them. The Guidelines largely reaffirm prior interpretations of the GDPR’s territorial application under Article (3)(1), and offer essential guidance with respect to the GDPR’s – heavily debated – extraterritorial application under Article (3)(2). The GDPR applies to companies established in the EU as well as companies outside of the EU that are “targeting” individuals in the EU (by offering them products or services) or monitoring their behavior (as far as that behavior takes place in the EU).
The proposed Guidelines are open for public consultation until January 18, 2019. It remains to be seen whether and how any outstanding issues will have been addressed upon conclusion of the consultation. (more…)
European Digital Rights (EDRi), a digital user rights non-for-profit organisation, on 25 October 2018, launched an online platform, ‘GDPR Today’. In its first edition of the GDPR Today, the EDRi published statistics collected from eight EU Member States (France, Germany, Ireland, Italy, Poland, Romania, Sweden and the United Kingdom). The statistics show that since the GDPR’s entry into force on 25 May 2018, data protection authorities (DPAs) have received thousands of complaints from EU individuals on the implementation of the GDPR by businesses and other organisations. Of note, the United Kingdom’s DPA, the UK Information Commissioner’s Office (ICO), has topped the list of complaints received, with nearly 15,000 complaints. Germany and France follow in the rankings, with 6,555 complaints and 3,767 complaints received, respectively. However, the UK figure includes complaints filed with the ICO prior to the GDPR’s effective date. (more…)
Brexit will have fundamental implications for data protection and in particular, the ongoing flow of personal data from the EU to the UK. However, as with many other issues, the precise implications will depend on the type of deal reached between the EU and the UK.
The expert committee set up by the Government of India recently published a new draft data privacy draft bill called the Personal Data Protection Draft bill 2018 along with a detailed companion report. This significant development brings India closer to a comprehensive law for personal data protection. The draft bill is modelled on the European Union’s General Data Protection Regulation (GDPR). If enacted into law, the draft bill would impose significant obligations on organizations, whether operating inside or outside India, including mandatory localization of personal data. The Government of India has invited comments to the draft bill by 30 September 2018. (more…)
This post summarizes the EDPB’s stated positions on these points and explores the implications for firms providing payment services in the European Economic Area (EEA).
On July 17, 2018, the European Commission released a press release announcing Japan and the European Union have concluded talks on reciprocal adequacy of their respective data protection systems, alongside a corresponding Q&A on reciprocal adequacy. After successful negotiations, both jurisdictions have reached a mutual adequacy arrangement, recognising the adequacy in each jurisdiction’s data protection framework and representing the first time that the EU and a third country have agreed on a reciprocal recognition of the level of “adequate” data protection. (more…)