GDPR

100 Days Until GDPR Effective Date – Sharing Our GDPR Experience

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In less than 100 days, the General Data Protection Regulation (GDPR) will go into effect. This means that as of May 25, 2018, each national Supervisory Authority will have the authority to apply and enforce the GDPR. The GDPR raises the bar in terms of requirements substantially higher than the Data Protection Framework Directive. For instance, it recognizes new rights for data subjects (e.g. right to be forgotten and right to data portability), introduces data breach notification requirements, introduces the concept of a Data Protection Officer, and brings enhanced accountability obligations. Given [...] Read more

Privacy & Data Security Team Launches Unique GDPR Tracker Website

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“To Harmonize or Not To Harmonize: That Is the Question.” With the the GDPR fast approaching on May 25, 2018, European Member States are getting ready with the implementation of national legislation. Although the GDPR is a regulation, and directly applicable in all Member States, it has left room for country-specific legislation in several different regards (such as the processing of employee data or individual rights restrictions). Most Member States still only have draft legislation at this point, but the expectation (or at least intention) is that each country will have adopted legislation [...] Read more

ECJ Rules against Schrems Class Action, Sets Up Jurisdictional Questions for GDPR Class Actions

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In late 2015, the European Court of Justice (ECJ) issued its initial Schrems decision, invalidating the EU/US Safe Harbor and leading to important developments in the rules for transferring personal data from the EU to the US.  Since that decision, Mr. Schrems has pursued two further legal proceedings in the EU. The first involves Mr. Schrems’ challenge in the Irish courts to EU Standard Contractual Clauses, which permit data to be transferred internationally between contract parties.  In the trial,  Alston & Bird Special Counsel Peter Swire testified as an expert on US national [...] Read more

Data Protection Litigation to Become a New Reality in Belgium

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On November 16, 2017 the Belgian Senate adopted an “Act on the Establishment of the Data Protection Authority” (the “Act”). Following Austria, Germany, and the UK, Belgium is the fourth EU Member State to pass a domestic statute implementing the General Data Protection Regulation 2016/679 (“GDPR”) prior to its effective date of 25 May 2018. The new Belgian Act sets forth the structure and legal organization of the Data Protection Authority (“DPA”), which will serve as the successor of the current Belgian Privacy Commission. More importantly, the Act significantly broadens the DPA’s [...] Read more

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

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

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

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