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European Commission VP Comments on Harmonisation and Monetising User Data, and Guidance on the Direct Application of The GDPR is...

On 28 February 2018, Andrus Ansip, the European Commission (Commission) Vice President and commissioner responsible for the Digital Single Market strategy, commented that all companies should be able to monetise user data, in...more

UK Government Publishes the Digital Charter and Reaffirms Creation of the Centre for Data Ethics and Innovation

Earlier this year the UK Department for Digital, Culture, Media & Sport published its new Digital Charter. This short document outlines a UK rolling programme of work designed to make the UK a friendly environment to start-up...more

Study Identifies Cybersecurity and Privacy Shortcomings in Health Apps

A recent study conducted by researchers at the University of Piraeus, published in the Institute of Electrical and Electronics Engineers’ Access journal (29 January 2018), has indicated that many popular health apps have...more

European Commission Approves Provisions for Cross-Border Data Flows While Consultation on GDPR Article 49 Guidance Closes

Recently, the European Commission endorsed draft horizontal provisions for cross-border data flows and personal data protection in trade agreements – as personal data is a fundamental right, it is not something which can be...more

European Commission Outlines Blockchain Development Plans, Calls For A Feasibility Study And Unveils Fintech Action Plan

The EU Commission continues to show its support and investment in new technologies in the digital economy. On February 1, 2018, the Commission and the European Parliament launched the EU Blockchain Observatory and Forum, and...more

Binding Corporate Rules – Article 29 Working Party Issues Revised Guidelines

On 6 February 2018, the Article 29 Working Party (WP29) adopted revised guidelines on binding corporate rules (BCRs). These were issued following a period of public consultation that concluded on 17 January 2018. Technology...more

Will EU Data Protection Authorities ‘Consistency Mechanism’ Be Ready in Time for the GDPR?

During an Article 29 Working Party (WP29) press conference on 7 February 2018, the outgoing chair and French privacy chief, Isabelle Falque-Pierrotin, expressed concerns that EU data protection authorities (DPAs) may not be...more

New Data Protection Fees for UK Businesses – Draft Data Protection (Charges and Information) Regulations 2018 and ICO Guide...

On 20 February 2018, The Data Protection (Charges and Information) Regulations 2018 (the Regulations) were laid before the UK parliament. The Regulations affect what businesses have to pay when registering their data...more

GDPR: Three Months to Go

On February 22, 2018, Reed Smith’s IP, Tech & Data Group hosted a webinar discussing key priorities and strategies for compliance during the final three months remaining before the General Data Protection Regulation (GDPR)...more

Article 29 Working Party Issues Revised Guidance On Personal Data Breach Notification

With less than three months until the General Data Protection Regulation 2016/279 (GDPR) comes into effect on 25 May 2018, the Article 29 Working Party (WP29) published revised guidelines on personal data breach notification...more

Four Months Until the GDPR: Which EU Countries Have Already Implemented Local GDPR Laws? Is There Anything Relevant in These Laws?

The GDPR will eventually be in effect on May 25, 2018. The GDPR will mostly harmonize data protection law throughout the EU. However, the law will not be harmonized completely as the GDPR comprises more than 70 opening...more

Article 29 Working Party Releases Guidelines on Transparency Under the GDPR

On 11 December 2017, the Article 29 Working Party (Art 29 WP) published its draft guidance on transparency. The guidelines are open for consultation until 23 January 2018. The Art 29 WP analyse the elements of transparency...more

Article 29 Working Party Publishes Updated Guidance on Adequacy Referential

On 28 November 2017, the Article 29 Working Party (‘WP29’) published a working document updating its previous guidance on transfers of personal data to third countries (WP12), (‘WP29 Document’). WP29 has reviewed its earlier...more

Article 29 Working Party Releases Guidelines On Consent Under the GDPR

On 28 November 2017, the Article 29 Working Party (“WP29”) published its guidelines on consent under the General Data Protection Regulation (“GDPR”). The guidelines are open for public consultation until 23 January 2018. They...more

Article 29 Working Party Issues New Guidelines for Binding Corporate Rules

The Article 29 Working Party (WP29) has published updated guidelines on Binding Corporate Rules (BCRs) to reflect the requirements set out in the General Data Protection Regulation (GDPR). ...more

Morrisons Found Vicariously Liable for a Data Breach Committed by One of its Employees

Following a recent ruling by the High Court against WM Morrisons Supermarket PLC (“Morrisons”), employers may now find themselves vicariously liable for data breaches perpetrated by their employees. In 2014, it was...more

ENISA Publishes Report on Recommendations for Data Protection Certification Mechanisms Under the GDPR

On 27 November 2017, the European Union Agency for Network and Information Security (“ENISA”) published a report on Recommendations on European Data Protection Certification (“Report”). The aim of the Report is to identify...more

CJEU Rules Digital Rights Ireland’s Privacy Shield Invalidation Action Inadmissible

On 22 November 2017, the Court of Justice of the European Union (“CJEU”) gave judgment in a case taken by the not-for-profit company, Digital Rights Ireland Limited (“DRIL”). DRIL sought an annulment of the European...more

Article 29 Working Party Publishes Guidelines on Personal Data Breach Notification

On 3 October 2017, the Article 29 Working Party (“WP29”) published draft guidelines on personal data breach notification (“Guidelines”) under the General Data Protection Regulation 2016/279 (“GDPR”). In this blog, we look at...more

Article 29 Working Party Publishes Guidelines on Automated Individual Decision Making and Profiling

On 17 October 2017, the Article 29 Working Party (“Art 29 WP”) published draft guidelines on automated individual decision-making and profiling (“Guidelines”). In the Guidelines, the Art 29 WP states that profiling and...more

Article 29 Data Protection Working Party Publishes Final Guidelines on Data Protection Impact Assessments

On 4 October 2017, the Article 29 Working Party (“WP29”) released its final guidelines on Data Protection Impact Assessments (“DPIA”), which were initially proposed in draft form in April 2017. Article 35 of the General Data...more

European Commission Publishes First Annual Report on EU-US Privacy Shield

Following our previous blog on the upcoming first annual review of the EU-US Privacy Shield, the European Commission (“Commission”) published its report on 18 October 2017 (“Report”). Overall, the Report confirms that the...more

ICO Publishes Response to Consultation on European Commission’s Implementing Regulation to the NIS Directive

The Information Commissioner, Ms Elizabeth Denham, has published her comments on the European Commission’s consultation on the draft implementing regulation (“Implementing Regulation”) of the Network and Information Security...more

House of Lords Publishes Briefing on Data Protection Bill

The House of Lords Library, which provides research and information services to Members of the House of Lords, has published a briefing on the Data Protection Bill (“Bill”) which sets out an overview of and reactions to the...more

Proposal for a Regulation on the Free Flow of Non-personal Data in the EU

The European Commission has issued a proposal for a new Regulation on the free flow of non-personal data (“the Proposal”). The Commission adopted a Communication in January 2017 on “Building a European Data Economy”, in...more

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