On January 14, 2020, the French data protection authority, the CNIL, proposed a consultation on its draft recommendations on practical ways to collect website user consent for cookies and similar technologies (the “Recommendations”). The Recommendations follow the publication in July 2019 of updated guidance on cookies, including requirements for obtaining GDPR-standard consent, by various European data protection authorities, including the CNIL and the ICO (the latter guidance was reported by Data Matters here). The CNIL has since undertaken a consultation to develop practical methods to obtain user consent.
A recent opinion from the European Data Protection Supervisor (EDPS) on data protection and scientific research builds on an opinion from January 2019 from the European Data Protection Board on the GDPR and clinical trials. The Opinion from the EDPS should be taken into account by life sciences companies in their ongoing assessment of how to apply the GDPR to scientific research both in clinical trials and more broadly.
The EDPS – an independent supervisory authority whose primary objective is to ensure that European institutions and bodies respect the right to privacy and data protection – recently published a preliminary opinion on data protection and scientific research (the Opinion). The EDPS acknowledges the critical importance of scientific research but states that “data protection obligations should not be misappropriated as a means […] to escape transparency and accountability.” In particular, according to the EDPS, compliance with data protection laws is “wholly compatible” with responsible scientific research. However, the EDPS recommends intensifying dialogue between data protection authorities (DPAs) and ethical review boards for a common understanding of which activities amount to genuine research and expects further guidance to be published by the European Data Protection Board – an independent European body, composed of representatives of the national DPAs and the EDPS.
*This article first appeared in Law360 on January 14, 2020.
After two years in the Brazilian Congress, the General Law of Data Protection was signed on Aug. 18, 2018, by then Brazilian President, Michel Temer, who also signed an executive order (Medida Provisória n. 869, from Dec. 27, 2018).
Further to the publication of the ICO’s notices of intention to fine British Airways and Marriott in July 2019, the ICO has recently issued a statement delaying the issuance of both GDPR fines which had originally been expected by the end of 2019. (The ICO’s initial notices of intention to fine had stated that British Airways would face a fine of £183m ($228m) and Marriott, a fine of £99m ($123m). We reported on these here: British Airways and Marriott.)
Following an extensive public consultation, the European Data Protection Board (“EDPB”) has published a final version of its guidelines on the territorial scope of the GDPR (“Guidelines”). This comes almost one year since the draft guidelines were originally published. Please read this blog together with our previous blog on the draft guidelines, as this blog addresses only the key differences between the draft guidelines and the Guidelines. (more…)
Recently, the Association of German Data Protection Authorities (“Datenschutzkonferenz” or “DSK”) issued guidelines setting a GDPR fining methodology (“Fining Methodology”). GDPR enforcement across the EU has picked up over the past year. This Fining Methodology has been issued at the time of a significant increase in GDPR enforcement action across the EU. The European Data Protection Board (“EDPB”) reported a total of 281,088 national enforcement actions being initiated as of May 22, 2019 (approximately one year after the GDPR’s entry into application). Since then, data protection authorities across the EU have been initiating enforcement and fines on a daily basis. In particular, in the UK, the Information Commissioner’s Office (“ICO”) has issued two notices of intention to fine of €114m and €215m for failure to implement appropriate data security measures.
On 4 November 2019, the European Data Protection Board (EDPB), the EU-wide data supervisory authority, held a stakeholders’ event on data subject rights under the GDPR. At the event, various stakeholders including e.g., corporates and NGOs, raised a number of issues including, for example:
We set out below our summaries and key takeaways from both decisions which help to highlight the latest approach of both the courts and European data protection regulators in relation to cookie consent.
*Jan Yves Remy is a former Sidley Austin Associate and now serves as the Deputy Director at Shridath Ramphal Centre for International Trade Law, Policy and Services at the University of the West Indies in Barbados. As with all posts, this article is for your informational purposes only; Sidley Austin does not have offices in or practice law in Barbados.
Today, more than 120 countries have privacy and data protection laws or regulations in place. Many of the new or modernized laws tend to be based on comprehensive legislation, rather than sectoral rules, as data needs to move across industry groups and borders. With its new data protection bill, Barbados is planning to join the ranks; this is a significant move, and it is one fueled at least in part by the entry into force of the European Union’s General Data Protection Regulation (“GDPR”) on May 25, 2018. The GDPR was designed to harmonize data protection laws across Europe and to protect EU residents’ data privacy rights; and, its coming triggered significant privacy and data protection compliance activities amongst organizations doing business in the EU and working with the personal data of EU residents.
This article first appeared on Thomson Reuters Regulatory Intelligence.
The summer of 2018 may be regarded as a pivotal time in the history of data privacy laws. The European Union’s General Data Protection Regulation (GDPR) came into effect in May 2018, the California Consumer Privacy Act (CCPA) was signed into law in June 2018 (and comes into effect on January 1, 2020), and a draft of India’s Personal Data Protection Bill (India DP Bill) was released in July 2018 (and is now under review by India’s government).
These developments, and more generally, the recent proliferation of data privacy laws around the world (notably, in Australia, China, Brazil, Hong Kong, and Singapore) represent a compliance challenge for many multinational organizations.