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.
The updated 2019 Chambers Global Practice Guide for Data Protection & Cybersecurity is available, covering important developments across the globe and bringing expert legal commentary for businesses particularly involved in the life sciences sector. Read More
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…)
In December 2018, the European Commission published its report on the second annual review of the EU-US Privacy Shield (the “Report”). The Report concluded that the Privacy Shield “continues to ensure an adequate level of protection” for personal data transferred from the EU to the US. However, the Commission did identify a number of recommendations from the first annual review which still required implementation including the appointment by the US of a permanent ombudsperson to oversee complaints. To date, the U.S. has only appointed an interim ombudsperson (Manisha Singh). In the first annual review, the Commission did not set a deadline for the appointment. However, the latest review required an appointee to be identified by 28 February 2019 failing which the Commission will “consider taking appropriate measures.”
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…)
Under Article 35(3) of the EU General Data Protection Regulation (GDPR), organisations are required to conduct a data protection impact assessment (DPIA) where they: (i) engage in a systematic and extensive evaluation of personal aspects of individuals, based on automated processing, and on which decisions are based that produce legal or other effects that concern the individual, or (ii) process special categories of personal data (e.g. health data) on a large scale or personal data relating to criminal convictions, or (iii) engage in a systematic monitoring of a publicly accessible area on a large scale. (more…)