Article 29 Working Party Issues Guidance on Administrative Fines

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The Article 29 Working Party (“WP29”) recently issued much-anticipated guidance on administrative sanctions under the General Data Protection Regulation (the “GDPR”). This guidance focuses on the holistic factors which Supervisory Authorities (the “SAs”) are to use in issuing assessments for violations of the GDPR. These factors make clear that WP29 views sanctions issued under the GDPR as a key deterrent and enforcement mechanism. Context Article 83 of the GDPR states the general conditions for imposing fines for non-compliance. These fines must be “effective, proportionate [...] Read more

WP29 issues Guidelines on Automated Individual Decision-Making and Profiling in the GDPR

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On October 18, 2017, the Article 29 Working Party (the “WP29”) published Guidelines clarifying the new profiling and automated decision-making provisions of the General Data Protection Regulation (“GDPR”).  European Union regulatory authorities and the WP29 consider that technological developments that facilitate the creation of individual profiles, such as big data analytics, AI and machine learning, have created new risks to data protection.  As the majority of industries (insurance, marketing and finance, and even healthcare) already apply and use these new techniques today, the WP29 [...] Read more

Virginia Amends Data Breach Notification Law

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Virginia amended the state’s data breach notification law, effective July 1, 2017, to expand notification requirements for employers and payroll service providers to data breaches that involve “unauthorized access and acquisition of unencrypted and unredacted computerized data containing a [Virginia] taxpayer’s identification number in combination with the income tax withheld for that taxpayer. . . .”[1] The expanded notification obligation is subject to the same likelihood of harm threshold that applies in the original law. Notification is required only when the employer or payroll [...] Read more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 4 of 5

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Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR).  On July 6, 2017, Germany did so by passing a statute titled the Data Protection Amendments and Implementation Act. The Act repeals Germany’s venerated Federal Data Protection Act (Bundesdatenschutzgesetz, or BDSG) and replaces it with an entirely new BDSG, aptly referred to as the “BDSG-New.” Germany becomes the first EU Member State to pass a GDPR implementation statute. Given Germany’s reputation as one of, if not the, most serious privacy jurisdiction [...] Read more

Irish High Court refers Facebook’s data case to the European Court of Justice

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In what it considered “an unusual case” (available here), the Irish High Court has referred the issue of the way data is transferred between the EU and countries outside the EU to the Court of Justice of the European Union (“CJEU”). Ms. Justice Caroline Costello will ask the CJEU for a preliminary ruling on the validity of the Standard Contractual Clauses (“SCCs”) as an adequate data transfer mechanism. Justice Costello did not comment on the laws of the EU or the US, but rather on the validity of SCCs as a data transfer measure between the EU and the US. The case arose from a complaint [...] Read more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 3 of 5

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Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR).  On July 6, 2017, Germany did so by passing a statute titled the Data Protection Amendments and Implementation Act. The Act repeals Germany’s venerated Federal Data Protection Act (Bundesdatenschutzgesetz, or BDSG) and replaces it with an entirely new BDSG, aptly referred to as the “BDSG-New.” Germany becomes the first EU Member State to pass a GDPR implementation statute. Given Germany’s reputation as one of, if not the, most serious privacy jurisdiction [...] Read more

David Keating, Jan Dhont and Karen Sanzaro to Speak at the 2017 Privacy + Security Forum

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David Keating, partner and co-leader of the firm’s Privacy & Data Security practice, Jan Dhont, Brussels partner and head of the firm’s European Privacy and Data Protection practice, and Karen Sanzaro, counsel in the Technology & Privacy Group, will be speakers at the 2017 Privacy + Security Forum in Washington, DC, taking place on October 4-6, 2017. David Keating will be speaking during the session on “Emerging Consumer Tracking and Analytics Technologies.” This session will explore recent regulatory and enforcement developments in this area and discuss practical approaches [...] Read more

UK Introduces Draft Data Protection Bill

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A few days ago the UK’s Department for Digital, Culture, Media & Sport introduced the Data Protection Bill 2017 (“the Bill”). Once adopted by the legislature, the Bill will replace the Data Protection Act 1998, which is currently in force. The purpose of the Bill is to transpose the EU General Data Protection Regulation (“the GDPR”) and the EU Directive on the Processing of Personal Data by Government Authorities for Prevention, Detection and Prosecution of Crime (“the Law Enforcement Directive”) into UK law. At the same time, the Bill aims to prepare the UK for its digital [...] Read more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 2 of 5

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Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR).  On July 6, 2017, Germany did so by passing a statute titled the Data Protection Amendments and Implementation Act. The Act repeals Germany’s venerated Federal Data Protection Act (Bundesdatenschutzgesetz, or BDSG) and replaces it with an entirely new BDSG, aptly referred to as the “BDSG-New.” Germany becomes the first EU Member State to pass a GDPR implementation statute. Given Germany’s reputation as one of, if not the, most serious privacy jurisdiction [...] Read more

SEC Chairman Jay Clayton Announces Data Breach of SEC Systems Which May Have Led to Insider Trading

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SEC Chairman Jay Clayton issued a public statement on Cybersecurity (the “Clayton Statement”) last week, disclosing a 2016 attack on the SEC’s database of corporate filings. The intrusion exploited a vulnerability in the test filing component of the EDGAR system, a document repository for disclosures from public companies and issuers, through which the intruder was able to gain access to nonpublic (and potentially sensitive) corporate information.  Though the intrusion was detected in 2016, Clayton stated that the agency learned only in August 2017 that the incident, “may have provided [...] Read more