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”).
Recently, the Dutch Supervisory Authority (the “Autoriteit Persoonsgegevens” or “Dutch SA”) has taken the position that the use of so-called “cookie walls,” whereby website access is made conditional upon the provision of consent to tracking cookies, is not compliant with the EU General Data Protection Regulation (“GDPR”).
We held our 5th Annual Privacy and Cybersecurity Roundtable on May 1, in Washington, D.C. The event featured the Chair of the European Data Protection Board Andrea Jelinek and FTC Commissioner Noah Phillips. Other government speakers represented the White House, UK’s Information Commissioner’s Office, and staff members from the U.S. Senate and House of Representatives. Other distinguished panelists included Cam Kerry of Brookings and Jane Horvath from Apple. The speakers addressed privacy and cybersecurity enforcement in the U.S. and EU, Brexit, Online Harms and the prospects for federal privacy legislation. The insightful program was followed by a competition between the sausage-making (and brewing) achievements of leading privacy jurisdictions such as Brussels, California, Washington, D.C. and China (representing a privacy continuum!). Sidley also commemorated “20 Years of CyberLaw at Sidley” – two decades since the founding of today’s Privacy and Cybersecurity practice. We look forward to continuing to thrive and serve our clients. We hope to see you at next year’s Privacy and Cybersecurity Roundtable.
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.
On 29 March 2019, the Belgian House of Representatives appointed a new Data Protection Commissioner and four directors to the executive committee of the Belgian Data Protection Authority (‘DPA’).
These are the first appointments to be made to the DPA since it replaced the previous Belgian Privacy Commission in anticipation of the EU GDPR. This is therefore the first time that executive roles have been officially filled in the context of the regulator’s expanded competence – including the DPA’s new power to impose administrative fines of up to €20,000,000 EUR or 4 percent of an undertaking’s worldwide annual revenues for certain infringements of the EU GDPR.
On February 26, 2019, the Technology Policy Institute’s Two Think Minimum podcast featured Sidley Partner and founder of the Privacy and Cybersecurity practice, Alan Raul, alongside former FTC Acting Chairman and Commissioner of the FTC Maureen Ohlhausen. The topic of the day was the future of privacy legislation in 2019. Topics ranged from politics, U.S. State trends, activity in Europe, FTC enforcement powers and more.
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.
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…)
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…)