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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 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

Irish High Court Asks European Court to Rule on Legality of EU-US Data Transfers

On 3 October 2017, the Irish High Court held that it is up to the European Court of Justice (“ECJ”) to determine whether Standard Contractual Clauses (“SCCs”) are a valid method of transferring personal data outside of the EU...more

EU Case Confirms That Employers Do Not Have Carte Blanche For Workplace Monitoring

In early 2016, a European Court of Human Rights (ECHR) case (Barbulescu v. Romania) attracted much publicity because it appeared to give employers the green light to read employees’ private emails. The decision in the...more

UK Government Publishes Its Position on UK-EU Data Transfers Post-Brexit

The UK Government has published a position paper (“the Paper”), which will form part of a series of papers setting out key issues forming the Government’s vision for their partnership with the EU post-Brexit. The Paper...more

Government Announces Proposals for a New Data Protection Bill

The government has released a Statement of Intent (“the Statement”) for a new Data Protection Bill (“the Bill”). The Bill was originally announced in the Queen’s Speech earlier this year. This Statement provides further...more

House of Lords Publishes Report on Brexit and the EU Data Protection Package

The House of Lords EU Home Affairs Sub-Committee (“the Committee”) has published a report on the EU Data Protection Package and the impact of Brexit (“the Report”). The Report considers the implications of the UK’s exit from...more

House of Commons Publishes Briefing Paper on Brexit and Data Protection

The House of Commons Library, which aims to provide impartial research and analysis to MPs and their staff, has published a briefing paper on the impact of Brexit on data protection law in the UK (“the Paper”). The Paper...more

Article 29 Working Party Releases Detailed Opinion on Data Processing in the Workplace

The Article 29 Working Party (“WP29”) recently published an opinion on data processing at work (“Opinion”). The Opinion restates the position and conclusions in WP29’s 2001 Opinion on processing personal data in the...more

ICO Publishes International Strategy

The Information Commissioner’s Office (“ICO”) has released its International Strategy 2017-2021 (“Strategy”). The Strategy supports its Information Rights Strategic Plan, which we reported on earlier this year. The first...more

The Queen’s Speech 2017: The Future for UK Data Protection Regulation

The Queen’s Speech was delivered 21 June 2017, setting out the government’s legislative plans. Key proposals from a data protection perspective include: - The introduction of a new Data Protection Bill, which will...more

Legitimate Interests: A Balancing Act

The Court of Justice of the European Union (CJEU) recently gave its preliminary ruling on the interpretation of the legitimate interests condition under Article 7(f) of the Data Protection Directive 95/46/EC (the Directive)...more

CIPL Produces Roadmap for Potential Certification Standards Under GDPR

As part of its GDPR Implementation Project, the Centre for Information Policy Leadership (‘CIPL’) has released a discussion paper on certifications, seals and marks. The paper stresses the benefits of certifications that can...more

One Year to Go – European Commission Issues Statement on Benefits of GDPR

This week, the European Commission’s most senior voices gave an official statement promoting the benefits of the new General Data Protection Regulation (GDPR). Andrus Ansip (Vice-President) and Vera Jourová (Commissioner) of...more

More GDPR Questions Answered: New Guidelines on DPIAs

Although considered burdensome by some, data protection impact assessments (DPIAs) help controllers assess any data protection implications of their processing operations, with the added benefit of demonstrating compliance...more

‘Once in a Generation’ Legislative Changes: the ICO’s Strategy for GDPR Challenges

Information Commissioner Elizabeth Denham has recently given some valuable insights into the Information Commissioner’s Office’s (ICO) General Data Protection Regulation (“GDPR”) strategy. Addressing the House of Lords EU...more

Man vs. Machine: the ICO Provides Guidance On Use of Big Data

As the European data protection framework evolves, big data remains a hot topic. Often, what makes up these large data sets is personal data, so it has clear data protection implications. The Information Commissioner’s...more

Coalition of Human Rights Organisations Call for Suspension of Privacy Shield

The EU-U.S. Privacy Shield has come under scrutiny once again after 17 civil society organisations (the Coalition) sent a letter to the European Commissioner for Justice and Consumers. The 28 February 2017 letter...more

EU Data Protection Authorities Approve Google’s Cloud Commitments for International Data Transfers

Google has announced that the EU data protection authorities have reviewed and confirmed its Google Cloud services’ contractual commitments as fully compliant with the EU requirements for transferring personal data to third...more

NIS Directive to be Implemented in UK Despite Brexit

In January, the UK government confirmed that it will be implementing the EU’s Network and Information Security Directive (NIS Directive) regardless of Brexit. EU countries have until 9 May 2018 to implement the Directive into...more

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