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International data transfers in GDPR compliance are complex, as data are transferred to third countries outside the European Union (EU) or the European Economic Area (EEA). Suppose you are interested in personal dataprotection issues. How does conducting a DTIA relate to GDPR compliance?
Our top-eleven European dataprotection developments for the end of 2024 are: EU Cyber Resilience Act: The Council of the European Union approved the Cyber Resilience Act , introducing cybersecurity requirements for digital products sold in the EU. The UK Upper Tribunal did not consider the provisions under the UK GDPR.
Therefore, individual states took matters into their own hands and passed local laws to protect the privacy of their residents. Virginia The Virginia Consumer DataProtection Act ( VCDPA ) was adopted in the spring of 2021 and came into force on January 01, 2023.
There were a few European dataprotection developments in February that companies may want to have on their radar. On the regulatory front, German DPAs have set up a taskforce to conduct random checks on companies’ cross-border data transfer compliance following Schrems II. We cover those developments (and more) below.
A dataprotection officer ( DPO ) is a specialist who helps companies ensure compliance with international dataprotection laws. In a nutshell, the DPO is a key person who helps the company in all business processes to ensure compliance with the dataprotection law.
Here are our highlights: European Commission adopts new Standard Contractual Clauses What happened : As reported in our blog post , the European Commission adopted its new Standard Contractual Clauses (“SCCs”) for the cross-border transfer of personal data from the EEA to “third countries”.
million for vendor oversight failings, unlawful cross-border transfers What happened : The AEPD, the Spanish dataprotection authority (“DPA”), fined Vodafone Spain €8.15 4 million was for allegedly deficient oversight of Vodafone’s data processors. Here are our highlights of what you need to know.
New dataprotection laws, increasing regulation, greater risk of cyber attacks: The challenges for entrepreneurs are becoming ever greater. However, compliance can be largely automated through artificial intelligence. On September 1, a new dataprotection law (revDSG) has come into force in Switzerland.
The key development from April must be the European DataProtection Board (“EDPB”) approving the draft UK adequacy decisions from the European Commission (the “Commission”). Companies will be relieved that they are one step closer towards maintaining the seamless flow of data between the EU and the UK.
Even though the lack of privacy measures will have the same data leakage, IoT developers still shall take all appropriate actions to protect the personal data of its users. Internet of Things and General DataProtection Regulation. Then what to consider when creating IoT devices for compliance with the GDPR?
million fine against Austrian Post for channelling electronic dataprotection-related inquiries to a web form and not offering an additional email address, irrespective of the data subject option to also use non-electronic postal mail or customer service. See , our post on what to do in light of the new EU SCCs.
Our top-five European dataprotection developments from August are: Uber fined for personal data transfer: The Dutch DataProtection Authority fined Uber €290 million for the unlawful transfer of European drivers’ personal data to the U.S., without sufficient safeguards.
May saw useful reminders for companies, including: (i) the need to appoint an EU – and/or UK – representative if caught by the (UK) GDPR’s extraterritorial effect; (ii) that regulators are increasingly focused on adtech and cookies compliance; and (iii) that the GDPR applies not just in the EU and UK but also Iceland, Liechtenstein and Norway.
UK ICO updates guidance to clarify requirements for fairness in AI What happened : The UK ICO has updated its existing Guidance on AI and dataprotection following requests from industry to clarify requirements for fairness in AI. Norwegian DataProtection Authority fines medical device company c.$240,000
Definition of personal data 1.2. Rights of data subjects 1.4. Privacy concepts and roles Technologies, most impacting on privacy and dataprotection 2.1. Social media advertising, based on personal data 2.2. PRIVACY PROTECTION IN THE MODERN WORLD 1.1. Such an identifier is personal data.
Third country data transfers : Businesses that transfer personal data outside of the EEA may want to review their transfer mechanisms in light of new guidance on the EU and South East Asia SCCs, and the DPC’s record-breaking €1.2 82 (see our May 2021 , August 2021 , and October 2022 blog posts for previous developments).
The AEPD held that a DPO cannot hold a position that leads them to determine the purposes and means of data processing. The scale and dataprotection risks associated with such technologies has been further complicated recently by their increasing integration with artificial intelligence systems.
First of all, the data can be transferred based on the adequacy decision or subject to appropriate safeguards. Among these safeguards, in particular, are binding corporate rules, standard dataprotection clauses, code of conduct, and certification mechanism. In such cases, appropriate safeguards are used.
Dataprotection & AI: In particular: (i) the French CNIL published its first set of guidance on GDPR compliance when developing AI tools; and (ii) the UK ICO issued a preliminary enforcement notice against Snap over its AI chatbot, alleging that Snap had not adequately assessed the privacy risks posed to child users of the tool.
The big news this November was the European DataProtection Board (the “EDPB”) issuing its highly anticipated post- Schrems II data transfer guidance, followed just a day later by the European Commission’s draft updated Standard Contractual Clauses (“SCCs”) (see our blog post here ).
Key takeaways from March include: CNIL data security practice guide: The French DPA published an update of its data security practice guide for dataprotection officers, chief information security officers, computer scientists and legal experts. These developments, and more, are covered below.
Asia received $572 Billion USD in the financial year 2021. To add a feather, decentralized platforms and blockchain games witnessed a rocket push of 2000% in 2021-22. Regulatory Compliance Earlier when platforms were centralized it was easy for legal regulatory bodies to keep an eye on every action.
When calculating the fine, the CNIL cited the large scale of the data processing and the high proportion of minors (38% were between 13 and 17) as aggravating factors. The fines follow non-compliance notices CNIL served to 60 organisations that did not allow users to refuse cookies as easily as to accept them.
This is the amount of a fine paid by a well-known company for violating the rules of the European General DataProtection Regulation (the GDPR). In this article, you will learn about the top 7 largest fines of 2022 and the personal data practices that should be avoided in your business. Is 1,000 EUR a lot for a business?
Therefore, a logical question arises: what should an employer know about the use of personnel monitoring tools in order not to violate the requirements of personal dataprotection legislation? Justifying the need for monitoring The General DataProtection Regulation (GDPR) does not prohibit surveillance of employees in the workplace.
Sixty percent of general counsel are concerned that their risk landscape is expanding or becoming more difficult to navigate in areas spanning compliance, regulatory enforcement, data privacy, information security, emerging data sources and ongoing impacts of the pandemic. in 2020 to 2.9
In light of these trends, we have also included four tips for companies seeking to establish practical compliance and governance programs related to their ADM systems. What Laws Apply to Automated Decision-Making?
2022 was another busy year in privacy and dataprotection. Regulations surrounding privacy and data continue to develop at a rapid pace. Sven Schonhofen , Munich – “Cookie compliance will continue to be an enforcement trend. Andreas Splittgerber , Munich – “2023 will be a landmark year for AI regulations in Europe.
On February 22, 2023, the European DataProtection Board (“EDPB”) released its Work Program for 2023-2024 (“the Program”), outlining the key priority areas for the next two years. The Program is divided into four pillars, which largely reflect the priorities already set out in its Strategy 2021-2023.
This interest was generated among other sources by numerous complaints filed by NOYB—European Center for Digital Rights in the last year with dataprotection authorities, and has resulted in guidance and several decisions issued by regulators in recent months (e.g. in Austria, Belgium and France).
8] Among the mentioned countries, Egypt, Nigeria, South Africa, Ghana, and Morocco seem to be suitable markets for entry, as they have established specific laws or regulations to protect consumers, especially in online transactions. [9] companies to take proactive measures to protect their data and adhere to foreign laws.
Earlier this week, Debevoise published an overview of the SEC’s Division of Examination Priorities for 2021. In Virtu, the company attempted to keep its alternative trading system (“ATS”) volume below the threshold requiring compliance with Regulation Systems Compliance and Integrity (“Regulation SCI”).
Entities transferring personal data outside the European Economic Area on the basis of standard contractual clauses that are no longer in force (where the transfer began before 27 September 2021) should conclude agreements based on new clauses by 27 December 2022.
On 19 January 2021, the UK Information Commissioner’s Office (the “ICO”) published its September 2020 letter to the Securities and Exchange Commission (the “SEC”) analysing the GDPR’s impact on UK-based SEC-regulated firms’ (“SEC–Regulated UK Firms”) ability to comply with SEC data requests. What was the issue? What is next?
Sixty percent of general counsel are concerned that their risk landscape is expanding or becoming more difficult to navigate in areas spanning compliance, regulatory enforcement, data privacy, information security, emerging data sources and ongoing impacts of the pandemic. in 2020 to 2.9
For UK data transfers: all new agreements executed on or after 21 September 2022 should incorporate the UK Addendum or IDTA; and all existing agreements incorporating the old SCCs must be updated by 21 March 2024 (or sooner if the processing operations change before then).
International companies doing business in China and Chinese companies doing business internationally have been awaiting clarification on the rules of the road governing the cross-border transfer of data out of China. The last of these, the PIPL, became effective November 1, 2021. Any data processor that transfers “important data”.
In January 2021, the FCA had already highlighted the challenges and risk of misconduct arising from the increasing use of unmonitored or encrypted communication tools, emphasising that communications must be recorded and auditable. What action should firms take?
For example, in October 2022, the Bank of England and Financial Conduct Authority (“FCA”) jointly released a Discussion Paper on Artificial Intelligence and Machine Learning considering how AI in financial services should be regulated and, in March 2023, the ICO updated its Guidance on AI and DataProtection.
Member States will be required to designate AI oversight authorities to ensure compliance with the new regulations. While some countries have indicated that they intend to allocate responsibility to their existing dataprotection authorities, others (such as Spain ) will create specific AI-focused agencies.
On August 20, 2021, China’s Standing Committee of the National People’s Congress passed the Personal Information Protection Law (“PIPL”). 1 The PIPL will take effect on November 1, 2021. The sheer amount of serial change to Chinese law adds to compliance challenges. WHAT ARE THE CONSEQUENCES OF NON-COMPLIANCE?
On September 21, 2021, the U.S. In this Part 2, we discuss the measures that financial institutions can adopt to mitigate their ransomware sanctions risks, and why those compliance controls differ from the steps being taken by victims.
state with a comprehensive privacy law, with Governor Ralph Northam’s signing of the Virginia Consumer DataProtection Act (“VCDPA”) on March 2, 2021. law in the direction of its overseas cousin, the European Union’s General DataProtection Regulation (“GDPR”). Virginia has just become the second U.S.
Last year, yet again, saw significant GDPR enforcement actions, important regulatory guidance, and an abundance of European legislative activity touching on cyber, dataprotection and AI-regulatory issues. Children’s Privacy Multiple regulators turned their attention to companies that process children’s personal data.
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