On 27 April 2017 the German Parliament passed the new Federal Data Protection Act (the Bundesdatenschutzgesetz or “new BDSG”) which from 25 May 2018 will replace the current German Data Protection Act. The new BDSG adapts German law in line with the EU’s new General Data Protection Regulation (the “GDPR”). The GDPR has direct effect in EU members states, but it allows member states to pass legislation which supplements the GDPR but is consistent with it.
On February 2, the Italian Data Protection Authority, known as the “Garante,” imposed a fine of EUR 5,880,000 on a UK money transfer company that it found to be in violation of Italian data privacy rules. This is the largest ever publicly-known fine imposed by an EU data protection authority, and it approaches the level of fines that are likely to be imposed under the EU’s General Data Protection Regulation (“GDPR”) that will come into force in May 2018. Although the GDPR is not yet in force, the Garante’s enforcement action shows that European data protection authorities are willing to levy the kind of fines allowed by the GDPR.
Cybersecurity compliance is becoming increasingly complicated with multiple regulators across the globe weighing in on your legal requirements to manage cyber risk. If you have wondered how others are approaching their compliance strategy, you are not alone.
You are invited to participate in a brief survey regarding your business’s approach to cybersecurity legal requirements. Specifically, the purpose of this survey is to learn how businesses like yours are responding to cybersecurity legal requirements under the European Union’s General Data Protection Regulation (GDPR) and Network and Information Security Directive (NIS Directive). In particular, we are interested in whether and if so, how businesses in the U.S. and the EU and elsewhere are applying the U.S. National Institute of Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity to comply with these EU cybersecurity requirements. Understanding which standards business are applying in order to comply with these requirements could be helpful in encouraging consistency of cybersecurity frameworks in the U.S., the EU and other regions.
Please use the link provided below to access the survey which will take very few minutes to complete. We plan to publish the results in approximately six weeks. Please note that no individuals or specific businesses will be identified in any published results without their express consent.
CLICK HERE to begin the survey.
Thank you for your participation.
On 2 March 2017, the UK Information Commissioner’s Office (“ICO”) published detailed draft guidance on consent under the GDPR and has submitted it for public consultation. This is the ICO’s first piece of specific GDPR guidance published further to its overview of the GDPR published last January.
The guidance sets out the ICO’s interpretation of the new requirements to obtain valid consent under the GDPR including its view of the role of consent in the GDPR, the benefits of getting consent right and the penalties for getting it wrong. The guidance also explains: (i) when consent is required or appropriate (or not) and the alternative to consent; (ii) what constitutes valid consent under the GDPR with specific guidance on children’s consent and consent for research purposes; (iii) advice on how to obtain, record and manage consent; and (iv) a consent checklist.
On January 26, 2017 Sidley hosted “Data Protection in Finance 2017: GDPR Readiness – Strategies and Practice” in association with DataGuidance. The interactive conference provided opportunities for networking with industry peers, as well as a full day of informative panel discussions focused on practical steps to achieve compliance with the EU General Data Protection Regulation’s (“GDPR”).
2016 was a year of seismic changes in the global data protection and privacy landscape. Here, we look back at the top ten events and issues that shaped 2016, and are poised to shape the year ahead as well.
Year In Review
1. GDPR Adoption
On April 14, the European Parliament voted to adopt the long-awaited EU General Data Protection Regulation (GDPR), formally completing adoption of the GDPR. The GDPR was published in the Official Journal of the EU on May 25, 2016, giving companies and Member States until the May 25, 2018 effective date to implement the Regulation fully. In the wake of its adoption, businesses should have planning under way for implementation of the significantly expanded Regulation by evaluating whether they are subject to the expanded jurisdiction, and if so, completing an internal gap analysis of current data protection practices as compared with the new requirements and rights under the Regulation. Some of the key aspects to consider include data breach response planning under the new 72-hour notice requirement, reviewing existing data protection notices and consents for the more robust obligations, identifying current profiling activities and existing data protection and retention policies and procedures, ensuring privacy impact assessments are carried out where required, and evaluating whether there is an obligation to appoint a data protection officer. Despite the time until the effective date, the extensive preparation necessary to comply presents a challenge as companies around the world refocus resources to develop compliance plans.
2. Political Cyber Warfare
There is a new front in geopolitical battles. (more…)
On 15 December 2016 the Article 29 Working Party (“WP29”) released draft guidelines and FAQs on key provisions in the EU’s General Data Protection Regulation (“GDPR”). The guidelines cover the right to data portability, data protection officers and the lead supervisory authority. The WP29 has invited comments from stakeholders on the draft guidelines and FAQs. The deadline for comments is January 31, 2017. Although this invitation for comment is directed at the new guidance, some members of the WP29 have expressed interest in comments on additional issues for the WP29 2017 work plan, for which guidance has not been issued.
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).