Category Archives: Privacy

French CNIL Releases GDPR Compliance Toolkit

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On March 15, 2017, the French data protection authority (CNIL) released its six step- GDPR compliance program together with GDPR-tailored templates for use by companies, the “GDPR Toolkit.” The GDPR Toolkit is helpful for companies because it provides guidance that companies may directly include in their privacy programs. Companies with sophisticated privacy programs may also use the GDPR Toolkit as a reality check against CNIL and, more generally, European data protection authorities’ standards and expectations for GDPR compliance. Click here to access the Toolkit. [...] Read more

Working Party welcomes the draft ePrivacy Regulation, yet expresses grave concerns

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The Working Party recently issued its first Opinion for 2017, focusing on the EU Commission’s proposed ePrivacy Regulation (WP 247, Opinion 01/2017). The Commission’s proposal, which was published in January this year, aims to modernize the existing ePrivacy Directive (2002/58/EC as amended by 2009/136/EC) which concerns the protection of personal data in the context of electronic communication services. In its Opinion, the Working Party overall welcomed the proposed regulation, yet expressed several points of concern and suggested amendments. The congratulations… In welcoming the regulation, [...] Read more

May 30 is Fast Approaching – Are You Ready for Compliance with the Amended Act on Protection of Personal Information in Japan?

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Japan’s Act on Protection of Personal Information currently in force (“Current APPI”) dates back to 2003.  It was originally enacted on May 30, 2003, and came into effect in 2005.  Ten years later, the National Diet passed extensive reforms to modernize the Current APPI in September, 2015.  Although the Amended Act on Protection of Personal Information (“Amended APPI”) has been partly in effect, it will come fully into effect on May 30, 2017. It is important to note that the Amended APPI applies to “personal information handling business operators” which is defined as a person [...] Read more

ICO Seeks Extra Resources for GDPR Enforcement

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On March 13, 2017, Elizabeth Denham, head of the UK data protection authority (“ICO”) publicly expressed her intention to massively recruit new personnel in an effort to be ready for the European (“EU”) general data protection regulation (“GDPR”). In a statement released on its website, the ICO announced its plan to recruit new personnel by May 2018, in light of the new responsibilities and enforcement powers granted to the ICO under the GDPR. Ms. Denham later told the press the ICO would hire approximately 200 persons. Interestingly, the ICO statement comes on the same day the [...] Read more

Germany Proposes Bill Requiring Social Network Takedowns – with € 50 Million Fines

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Recent media reports indicated that Germany was considering legislation that would fine social networks for failing to combat fake news and hate speech.  Today, German Justice Minister Heiko Maas introduced a “Draft Law to Improve Law Enforcement in Social Networks” (abbreviated as the Network Enforcement Act (Netzwerkdurchsetzungsgesetz), or “NetzDG”).  The NetzDG aims to curb “hate-based criminality” in large social networks that have the potential to drive public opinion, and to improve law enforcement access to evidence held by social networks.  The Justice Department’s NetzDG [...] Read more

UK Launches Public Consultation on GDPR Consent Guidance

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The General Data Protection Regulation (GDPR) will come into force on 25 May 2018, replacing UK’s Data Protection Act 1998 (DPA). It is yet unclear how Brexit will play out, yet in the meantime the United Kingdom is moving to adopt the GDPR principles so that it adequately protects the personal data transferred within the EU. The GDPR sets a high standard for consent and compliance, which means that companies must start preparing for this transition. The Information Commissioner’s Office (ICO) issued a guidance on GDPR consent on 2 March, explaining its recommended approach to compliance and [...] Read more

CNIL Launches Second Round of Public Consultation on GDPR

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Last week, the French Data Protection Authority ("CNIL") launched the second round of a public consultation on the General Data Protection Regulation (“GDPR”).  The first public consultation was launched in June 2016 and addressed the requirements in the GDPR relating to data protection officers, data portability and privacy seals and certifications.  The outcome of the June 2016 consultation was integrated by the Consortium of the European data protection authorities (“WP29”) into WP29’s recent guidance. Similarly, the new public consultation launched by the CNIL is aligned with [...] Read more

Spanish Ministry of Justice Launches Public Consultation on GDPR

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On February 7, 2017, the Spanish Ministry of Justice launched a public consultation as a preliminary step before the drafting of a new bill implementing the General Data Protection Regulation (“GDPR”).  The press release clarifies that although the GDPR has direct effect in the European Member States, its implementation into Spanish law is not a straightforward exercise because (i) the obligations in existing data protection legislation need to be maintained or amended (as the case may be), and (ii) other sector specific laws containing provisions on data protection need to be updated.  A [...] Read more

Smart Television Manufacturer Settles by Paying $ 2.2 Million to the FTC and the State of New Jersey

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The FTC and the State of New Jersey recently announced a settlement with Vizio, Inc., in the amount of $2.2 million for tracking consumer behavior using its smart television devices. The complaint alleged that Vizio acted unfairly by collecting, storing (indefinitely) and sharing consumer data with third parties without consent and in an unexpected manner. Further, the complaint alleged that Vizio had misrepresented the functionality of the feature in their smart televisions that collected such data (also known as “Smart Interactivity”). It was also alleged that these practices were an unconscionable [...] Read more

Spanish DPA Issues GDPR Guidelines

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On January 26, 2017, the Spanish data protection authority (“AEPD”) published three guidance papers on the implementation of the general data protection regulation (“GDPR”). Although the guidance is primarily directed at small and medium-sized companies, it gives a snapshot on how the AEPD reads the GDPR and is thus relevant for all companies having operations in Spain. GDPR Guide for Controllers: the guide summarizes the requirements of the GDPR while providing practical recommendations on how to implement them. The guide also contains a questionnaire to help controllers make a [...] Read more