The Bavarian State Commissioner for Data Protection (“BayLDA“) announced on October 20, 2016, that it had fined a company for appointing an IT manager as its data protection officer (“DPO“). Germany’s strict data protection laws mean that appointing a DPO has long been a requirement for some companies in Germany, whereas in most other EU Member States there will be no such requirement until the General Data Protection Regulation (“GDPR”) takes effect.
The UK’s Secretary of State confirmed on October 31, 2016 that the UK will be implementing the new EU General Data Protection Regulation (GDPR), as the UK will still be a member of the EU when the GDPR comes into effect on 25 May 2018.
The UK’s Information Commissioner, Elizabeth Denham showed her support for this by issuing a statement describing the confirmed implementation as “good news.” Commissioner Denham further advised that the Information Commissioner’s Office (ICO) is committed to assisting businesses to prepare to meet these new requirements and that a revised timeline setting out which areas of GDPR guidance the ICO will be prioritizing will be published in November. In closing, Commissioner Denham stressed that although, “there may still be questions about how the GDPR would work on the UK leaving the EU […] this should not distract from the important task of compliance with GDPR by 2018.”
The EU Data Protection Directive requires that data be processed fairly, which includes providing individuals with certain information about how a business uses their data, for example, by way of a privacy notice. These information requirements will be enhanced under the new EU Data Protection Regulation (“GDPR“), which will require many companies to review and amend their employee and customer notices, consents and policies (including privacy notices).
After almost four years of negotiations, drafting and discussions, the General Data Protection Regulation (GDPR) entered into force earlier this year. Businesses, including insurance companies, now have until May 25, 2018 to meet the new requirements under the GDPR. The GDPR aims to harmonize data protection legislation across the European Economic Area (EEA), making compliance for (re)insurance companies that operate in multiple EEA jurisdictions easier. However, in order to achieve this, the GDPR introduces a number of new requirements that will have a significant, and sometimes onerous, impact on (re)insurance companies. The GDPR is also likely to still be relevant to (re)insurance companies based in the UK despite Brexit, as the GDPR will become law in May 2018, which may be before the UK withdraws from the European Union, and even after withdrawal, the GDPR will continue to apply to UK companies that process data on EEA residents. Some of the key provisions of the GDPR that are of particular relevance for the insurance and reinsurance industry are summarized below.
The final text of the much anticipated EU-US Privacy Shield has been sent by the European Commission for review and approval to the Article 31 Committee, which includes representatives from all 28 Member States. Approval by the Article 31 Committee will pave the way for a final decision by the Commission adopting the Privacy Shield, expected on 11 July, 2016. If approved, the Privacy Shield will take effect as soon as the US Department of Commerce establishes a new process for US companies that wish to use the Privacy Shield as a legal basis for data transfers of personal data from the EU to certify in accordance with the new framework. Businesses should examine the final Privacy Shield documents and requirements and determine whether to proceed with certification once the Privacy Shield is approved.
Developments on the European data protection front continue at a fast pace. As the process of implementation of the now-final General Data Protection Regulation (GDPR) begins, the Article 29 Working Party (WP29) is announcing a workshop on implementation questions in Brussels in July. Meanwhile, uncertainty continues for trans-Atlantic data transfers as both the European Parliament and the European Data Protection Supervisor (EDPS) weigh in with views for negotiators on the EU-U.S. Privacy Shield, and the Irish Data Protection Commissioner (IDPC) announces the intention to initiate proceedings in the Irish High Court that may put before the Court of Justice of the European Union (CJEU) the validity of EU standard contractual clauses (or model contracts). (more…)
Senior legal, economic and privacy leadership from U.S. and European government joined Sidley partners and senior counsel as panel participants at the 2nd Annual Privacy and Cybersecurity Roundtable. An audience of more than 70 privacy professionals across financial, healthcare and technology industries heard from three panels that focused on the latest developments and prospective issues in cybersecurity, big data and EU privacy.
On Thursday, April 14, 2016, the European Parliament voted to adopt the long-awaited EU General Data Protection Regulation (the GDPR). During the plenary session Jan Philipp Albrecht, rapporteur of the European Parliament for the GDPR, welcomed the adoption following what he described as years of “democratic debate and legislative process.” Albrecht further described the adoption as “a huge step forward towards creating a single legal environment for the digital world of tomorrow.” Today’s parliamentary vote completes the legislative process for adoption of the GDPR. The final step will be for the GDPR to be published in the Official Journal of the EU which will likely take place in May 2016. Companies and regulators will then have two years from the date of publication in which to implement the requirements under the GDPR. Businesses should now seriously consider the impact of the GDPR and start planning for implementation.
The past several days, the GDPR (the EU General Data Protection Regulation) took two significant steps towards adoption. On Friday, April 8, 2016, the European Council adopted the GDPR at first reading. Then today, Tuesday, April 12, 2016, the European Parliament’s Civil Liberties, Justice and Home Affairs Committee (the LIBE Committee) approved the GDPR by a 54-3 vote with one abstention. The European Parliament is due to vote on the GDPR in a second reading at a plenary session this coming Thursday. That will complete the legislative process for adoption of the GDPR. The final step will be for the GDPR to be published in the Official Journal of the EU which will likely take place in May 2016. After publication, the GDPR will apply two years after the date of publication, allowing companies and regulators a grace period to prepare. The interpretation of the GDPR will be shaped by guidance from the new European Data Protection Board.
*This post originally appeared in Law360 on January 7, 2016.
While 2015 was a big year in data, 2016 may prove to be even bigger. Many hot button and game changing topics are being debated in legislative bodies and campaign trails, regulators are focused, and privacy-related litigation continues to rise. Below, we count down the top ten cybersecurity, data protection and privacy issues to watch in 2016.