Category

International

24 September 2019

Assessing the Impact of the Barbados’ Proposed Data Protection Bill on the Barbadian Private Sector

*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.

(more…)

EmailShare
18 September 2019

New EU Strong Customer Authentication Standards: Implications for Payment Service Providers

Under the revised Payment Services Directive (2015/2366) (PSD2), the European Banking Authority (EBA) and the European Commission were required to develop and adopt regulatory technical standards on strong customer authentication and common and secure open standards of communication. These regulatory technical standards were passed into EU law as Commission Delegated Regulation (EU) 2018/389 (the RTS), which entered into effect on September 14, 2019.

The RTS has direct effect on payment service providers (PSPs), including card issuers and acquirers, in all EU member states. However, certain EU member states, including the UK, have implemented transitional measures for a phased implementation of the rules in the context of card-based payments for e-commerce transactions.

This post discusses the requirements under the RTS for card issuers and acquirers to authenticate payment service users (PSUs), which is referred to as “strong customer authentication” (SCA).

(more…)

EmailShare
13 September 2019

Monetary Authority of Singapore Invites Applications for New Digital Bank Licenses

On August 29, 2019, the Monetary Authority of Singapore (MAS) announced that it will begin accepting applications for new digital bank licenses. Interested parties have until December 31 to submit their applications. This follows the MAS’ initial announcement in June to issue up to two digital full bank (DFB) licenses and three digital wholesale bank (DWB) licenses, effectively opening up digital bank licenses to nonbank players.

(more…)

EmailShare
12 September 2019

Where Does Privacy Go From Here: California, EU and Indian Data Privacy Laws and Global Compliance Programs

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.

Read More

EmailShare
09 August 2019

UK ICO Issues New Draft Data Sharing Code of Practice

The UK’s Information Commissioner’s Office (“ICO”) has recently issued a draft version of its statutory code of practice for sharing of personal data between controllers under the GDPR and the UK Data Protection Act 2018 (“DPA”) (the “Draft Code”) which provides a number of practical recommendations which controllers should take into account when sharing personal data.

(more…)

EmailShare
24 July 2019

European Commission Publishes Ethics Guidelines for Trustworthy Artificial Intelligence

The High-Level Expert Group on Artificial Intelligence (“AI HLEG”), an independent expert group set up by the European Commission in June 2018 as part of its AI strategy, has published its final Ethics Guidelines for Trustworthy Artificial Intelligence (“AI”) (the “Guidelines”).

These Guidelines form part of a wider focus by the Commission on AI, with President-elect of the European Commission, Ursula von der Leyen commenting most recently on July 16, in her proposed political guidelines, that: “In my first 100 days in office, I will put forward legislation for a coordinated European approach on the human and ethical implications of Artificial Intelligence…”.

(more…)

EmailShare
17 July 2019

Another UK ICO GDPR Privacy Fine of £99m ($123m) Proposed Just One Day After the Largest Ever

Just a day after the ICO provided notice of its intention to fine British Airways £183m ($228m) over a separate breach (please see our blog post here), on Tuesday, July 9, 2019, the ICO released another statement of its intention to fine Marriott International, Inc. (“Marriott”) over £99m ($123m) in relation to a security incident affecting the Starwood reservation database which Marriott had acquired in 2016 and discovered in November 2018. The statement came in response to Marriott’s filing with the US Securities and Exchange Commission that the ICO intended to fine it for breaches of the GDPR.

(more…)

EmailShare
11 July 2019

UK ICO Publishes New Guidance on the Use of Cookies and Similar Technologies

On 3 July 2019, the UK’s Information Commissioner’s Office (“ICO”) published new guidance on cookies and similar technologies (“Guidance”) in conjunction with a new blog post: “Cookies – what does ‘good’ look like?” which aims to provide “myth-busting” advice on common cookies uncertainties. You can find a full copy of the new guidance here and a link to the ICO’s blog post here. With its new Guidance, the ICO has formally recognised the stricter standards of consent and transparency now in force under the GDPR.

(more…)

EmailShare
09 July 2019

Chinese Government’s Latest Effort in Tightening Cross-Border Transfer of Personal Information

The Chinese government is proposing heightened requirements on cross-border transfers of personal information from China, recently publishing draft Measures on Security Assessment of Cross-border Transfer of Personal Information (the “Draft Measures”).  This comes less than a month after the Chinese government issued another draft Measures for Data Security Management which require network operators to conduct a security assessment for any transfer of important data (i.e. any data that may directly affect China’s national security, economic security, social stability, or public health and security if leaked) to overseas.  The Draft Measures now focus on the cross-border transfer of personal information by network operators and are viewed as a continuous effect of the Chinese government to strengthen the data protection in China.

(more…)

EmailShare
08 July 2019

UK ICO Issues Largest Ever GDPR Privacy Fine of £183m ($228m)

Today we saw the ICO issue a notice of its intention to fine British Airways £183.39m for infringements of the GDPR – a record fine and the largest seen in the UK and the EU. The proposed fine relates to a cyber incident which BA notified to the ICO (as BA’s lead data protection authority, DPA) in September 2018. The incident involved the theft from the BA website and mobile app of personal data relating to customers over a two-week period. In terms of next steps, BA now has an opportunity to make representations to the ICO as to the proposed findings and sanction.

(more…)

EmailShare
XSLT Plugin by BMI Calculator