On 11 June 2018, members of a Committee within the European parliament (“MEPs”) narrowly voted in favour of suspending the EU-U.S. Privacy Shield (“Privacy Shield”), an agreement that facilitates the transfer of personal data of EU data subjects to the U.S., unless the U.S. government fully complies with the Privacy Shield data protection requirements by 1 September 2018. Although the resolution is only a draft and has no legal effect, it reflects continued European concerns surrounding Privacy Shield. (more…)
On 28 May 2018, the European Data Protection Board (the “EDPB”) released a statement on the revision of the ePrivacy Regulation (the “proposed Regulation”) and its impact on the protection of individuals in relation to the privacy and confidentiality of their communications. It is the first statement of substance by the EDPB since it was established by the EU General Data Protection Regulation on 25 May 2018. The statement calls on the European Commission, Parliament and Council to work together to ensure a swift adoption of the proposed Regulation, which will replace the current ePrivacy Directive (the “Directive”).
Whether you are marking today with a glass of champagne, a shot of whiskey, or a hot cup of tea, today marks a significant day for privacy professionals world-wide.
Here’s to all of the privacy professionals who have put in so many hours to prepare for the GDPR, fully effective as of Friday May 25, 2018 at midnight in Brussels; that is 6 PM eastern on Thursday, May 24th for toasting purposes.
For business executives, policymakers, and consumers who have become aware of the GDPR in recent weeks and are interested in learning more, visit our GDPR resource page here.
The Hong Kong Office of the Privacy Commissioner for Personal Data (the “Hong Kong Data Privacy Commissioner”) has recently published compliance guidance on the upcoming GDPR to raise awareness in Hong Kong companies about the potential effects and reforms needed in order to comply with the new GDPR requirements. (more…)
The British Private Equity & Venture Capital Association has issued a Guide to GDPR for the Funds Industry focusing on practical guidance, including explanations of what the GDPR is and why it is relevant for the funds industry. Authors included Sidley lawyers William RM Long, Geraldine Scali, Vishnu Shankar, Francesca Blythe, Denise Kara and Eleanor Dodding.
The GDPR, or the General Data Protection Regulation, is a new EU data privacy law that comes into force on 25 May 2018. The GDPR is intended to provide a single harmonised data privacy law that applies across the EU and is appropriate for the use of Personal Data in the 21st century. The GDPR imposes many new data protection requirements on the collection, use and disclosure of Personal Data which will be relevant to firms and imposes significant fines of up to 4% of annual worldwide turnover.
The Guide describes how key parts of the GDPR will apply to firms and key obligations and issues for firms to consider in dealing with the GDPR. Read more.
On 28 February 2018, the Belgian Commission for the Protection of Privacy (the “Privacy Commission”) published a recommendation setting out its approach to Data Protection Impact Assessments (“DPIAs”), and in doing so published a “White List” and a “Black List” of processing operations, pursuant to the General Data Protection Regulation (“GDPR”). Organisations subject to the GDPR are required to assess whether they need to undertake a DPIA when undertaking new processing operations. However under the GDPR, member state data protection authorities:
- are required to publish a “Black List” of processing operations which are always subject to the requirement to undertake a DPIA; and
- are permitted to publish a “White List” of processing operations which are not subject to the requirement to undertake a DPIA.
Sidley hosted the firm’s fourth annual Privacy and Cybersecurity Roundtable in the DC office on Monday, March 26, 2018.
Following an introduction by Sidley partner Alan Raul, Giovanni Buttarelli, European Data Protection Supervisor, and Helen Dixon, Data Protection Commissioner for Ireland, discussed the EU General Data Protection Regulation which will go into effect on May 25, 2018. Both Helen Dixon and Giovanni Buttarelli shared their insights on preparation for, and life after May 25. Following their remarks, Sidley Partner and Privacy practice Co-Leader, Ed McNicholas (D.C.) moderated a lively discussion that included Cam Kerry, Senior Counsel (D.C./Boston) and new Sidley Partner, Wim Nauwelaerts (Brussels). (more…)
On March 6, 2018, Singapore announced that it has joined the APEC Cross-Border Privacy Rules (CBPR) system as well as the APEC Privacy Recognition for Processors (PRP) program. Singapore is the sixth member of the CBPR system, which includes Canada, Japan, Korea, Mexico and the United States, and is the second member of the PRP program after the US. (more…)
Following months of intense debate, an attempted filibuster, and close votes in both the House and Senate, Congress last week finally extended Section 702 of the Foreign Intelligence Surveillance Act (FISA).
The fourth edition of The Privacy, Data Protection and Cybersecurity Law Review takes a look at the evolving global privacy, data protection and cybersecurity landscape in a time when mega breaches are becoming more common and businesses are coming under increased scrutiny from regulators, Boards of Directors and their customers. Several lawyers from Sidley’s global Privacy and Cybersecurity practice have contributed to this publication. See the links below for a closer look at this developing area of law. (more…)