Part II – Digital Health Passports in Europe: Amended Proposal for a Digital Green Certificate and Eligible Testing Methods
In March 2021, the European Commission released a proposal for the creation of a “Digital Green Certificate,” which will allow EU citizens to travel easier throughout the EU during the COVID-19 pandemic. Last week, the EU Member States agreed on some proposed changes to the proposal, including strengthening of the data privacy provisions. According to the proposal, in order to obtain a Digital Green Certificate, individuals must prove that they have been vaccinated, present a negative test result, or have recently recovered from COVID-19. The proposal allows the issuance of a certificate for all COVID-19 vaccines, which have received an EU-wide marketing authorisation, however only the results of certain in vitro diagnostic tests will be considered valid.
EU Commission Invites Stakeholders Feedback on Draft AI Regulation
On April 26, 2021, the European Commission announced that its draft proposal for the new EU Artificial Intelligence Regulation (“Draft AI Regulation”) is currently indicated to be open for feedback until July 15, 2021.* The Draft AI Regulation was published on April 21. Please refer to our blog post here that provides an overview of the Draft AI Regulation and its potential impact.
Swiss Data Protection Authority Concludes Swiss-US Privacy Shield No Longer Valid for Swiss-US Transfers
Following the Court of Justice of the European Union’s (“CJEU”) decision in Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems (“Schrems II”), the Swiss Federal Data Protection and Information Commissioner (“FDPIC”) concluded in a position paper published on 8 September that the Swiss-US Privacy Shield no longer provides a valid mechanism for the transfer of personal data from Switzerland to the US.
Privacy and Cybersecurity Roundtable: Monitor-Side Chat Series
These informal video chats, moderated by Sidley partner Alan Raul, are designed to help fill the COVID-19 induced privacy discussion drought. We look forward to hearing what is on the mind of key data protection and cybersecurity thought leaders from both public and private sectors. Each chat will be relatively brief, leaving some time to address participant questions via our virtual space. Please feel free to suggest any topics you would be interested to hear addressed by contacting dcevents@sidley.com.
