By

William RM Long

08 July 2019

UK ICO Issues Largest Ever GDPR Privacy Fine of £183m ($228m)

Today we saw the ICO issue a notice of its intention to fine British Airways £183.39m for infringements of the GDPR – a record fine and the largest seen in the UK and the EU. The proposed fine relates to a cyber incident which BA notified to the ICO (as BA’s lead data protection authority, DPA) in September 2018. The incident involved the theft from the BA website and mobile app of personal data relating to customers over a two-week period. In terms of next steps, BA now has an opportunity to make representations to the ICO as to the proposed findings and sanction.

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31 May 2019

GDPR: One Year On

The 25th of May, 2019 marked a year since the EU General Data Protection Regulation (“GDPR”) came into force. For most in privacy, involvement with the GDPR has been ongoing for well over this year, but on the first anniversary of the GDPR we take an opportunity to look back and reflect on where we are now in relation to some key areas of interest including enforcement action, privacy litigation, breach notification and developing guidance from the European Data Protection Board (“EDPB”).

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26 April 2019

UK and U.S. Privacy Shield Guidance on Brexit

In light of the UK’s possible departure from the European Union (EU), currently scheduled for October 31, 2019 (“Exit Day”), the UK Government has passed the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) (No.2) Regulations 2019 (“Regulations”) which enter into force immediately before Exit Day.

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28 February 2019

FCA Publishes Wholesale Banks and Asset Management Cyber Multi-Firm Review Findings

The UK Financial Conduct Authority (“FCA”) has carried out a multi-firm review of cybersecurity practices with a sample of 20 firms in the wholesale banking and asset management sectors (the “Report”). The review aimed to look more closely at how wholesale banking and asset management firms oversee and manage their cybersecurity, including the extent to which firms identify and mitigate relevant cyber risks and their current capability to respond to and recover from data security incidents.

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07 February 2019

EDPB Adopts Opinion on Interplay Between the EU Clinical Trials Regulation and the GDPR

On 23 January 2019, the European Data Protection Board (EDPB) adopted an opinion on the interplay between the EU Clinical Trials Regulation (CTR) and the EU General Data Protection Regulation (GDPR). The Opinion addresses the appropriate legal basis for the processing of personal data in the context of clinical trials (primary use), and the secondary use of clinical trial data. (more…)

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04 February 2019

Second Annual Review of Privacy Shield Continues to Call for Improvements; White House Nominates Privacy Shield Ombudsperson

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.”

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28 January 2019

European Commission Provides a Summary of the GDPR so far for Data Protection Day 2019

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…)

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22 January 2019

Transfers of Personal Data from the EU to the U.S. in the Event of a Brexit ‘No-Deal’

The EU-U.S. Privacy Shield (“Privacy Shield”) enables the free-flow of personal data from the European Economic Area (“EEA”) to the U.S. Under the Privacy Shield, U.S. participant organisations commit to adhering to Privacy Shield principles, which include accountability for the onward transfer of personal data after receiving such data from EEA organisations, data integrity obligations and purpose limitations with respect to the personal data transferred. Privacy Shield participant organisations are also required to develop and maintain a Privacy Shield-compliant privacy policy which informs individuals of the organisation’s practices and procedures when handling personal data and explains the independent recourse mechanisms in place for individuals to address complaints with respect to the processing of their personal data.  (more…)

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17 January 2019

French DPA Publishes Updated Data Protection Impact Assessment Guidance

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…)

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30 November 2018

EDPB Issues Long-Awaited Guidance on Territorial Scope of the GDPR

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…)

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