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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.
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?
For example, in 2020, the DataProtection Authority of Hamburg imposed a 35.3 million euro fine on H&M for violation of Articles 5 and 6 of the GDPR. This fact became known when the H&M servers encountered a technical error, and the data on the network drive became accessible to all employees for a few hours.
Every day, more and more companies face the problem of personal dataprotection. As companies are increasingly scrutinised for proper dataprotection, it’s worth paying close attention to the latest best practices to avoid dealing with the potential negative consequences of a data breach.
Those who process personal data of EU residents should comply with the requirements of the General DataProtection Regulation or GDPR. Non-compliance with GDPR may result in hefty fines and reputational losses. However, it is not enough to just formally have such policies in place.
Until recently, lawyers have tended to focus their attention on the legislation of California , but from 2023, new rules on personal dataprotection will come into force not only in this state but also in Virginia, Colorado, Utah and Connecticut. Similarly to the VCDPA, no income threshold is applied.
Privacy and DataProtection , a leading UK journal on practical dataprotectioncompliance issues, has featured in its latest edition an article by Robert Maddox and Stephanie Thomas on the hallmarks of effective dataprotection by design and default under the EU and UK GDPR.
On 29 March 2023, the UK Information Commissioner’s Office (“ICO”) published updated Guidance on AI and dataprotection (the “Guidance”) following “requests from UK industry to clarify requirements for fairness in AI”. AI has been a strategic priority for the ICO for several years.
On 19 June 2023, the Information Commissioner’s Office (ICO) has released new Guidance on Privacy-Enhancing Technologies (PETs) for DataProtectionCompliance. Understanding PETs PETs are software and hardware systems that can help minimize use of personal data use while maximizing information security.
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.
Since the entry into force of the General DataProtection Regulation (GDPR), many companies processing the data of Europeans have faced the task of achieving the much desired GDPR-compliance. Why do we need this?
A dataprotection impact assessment (DPIA) sounds like something big, complicated and problematic. DPIA stands for DataProtection Impact Assessment. A DPIA is typically conducted when a new project involving the specific processing of personal data is being implemented. Well, it is true. Let’s check.
Brazil’s Lei Geral de Proteção de Dados Pessoais (or LGPD), similar to GDPR, CCPA and PIPEDA, regulates personal dataprotection. If the company does not process personal data in Brazil but still processes data to offer or supply goods or services to Brazil, the LGPD also applies in this case.
On blogs, on websites, via contributed articles and more. Searching some law firm sites I found thirty or forty articles on AI in these various formats over the last four or five months. Regulatory Compliance: Assisting with compliance regarding AI-specific regulations and standards across different sectors.
Introduction In our previous articles , we have already drawn your attention to the Brazilian dataprotection legislation which is quite similar to the General DataProtection Regulation (GDPR). Also, the ANPD has shared a new form which should be used for sending security incident reports by a data controller.
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.
The role of codes of conduct in protecting personal data and what you need to know about compliance (and the consequences of deciding to comply but not doing so). Codes of conduct are referred to in Article 40 of the GDPR as a way of properly applying the GDPR. Why is adopting a code of conduct a good idea?
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.
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.
This article discusses the first step for fintechs to get ready for the new data law. No piece of legislation has taken more punches than our elusive dataprotection law. The data law is nearly here! The Digital Personal DataProtection Bill, 2023 was introduced in Parliament on 3 August 2023.
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 ).
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
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. What about 100,000 EUR?
Management will also face new overarching and specific obligations to approve, oversee and manage DORA-related compliance frameworks. UK ICO provides new risk assessment tool for Article 46 transfers What happened : On 17 November 2022, the UK ICO published updated guidance on international data transfers.
Companies often need to transfer personal data to other countries while conducting their business operations. Since personal data is not everywhere reliably protected by law, there are plenty of requirements for its legal transfer. In this article, we share how to transfer data from the UK using recently adopted instruments.
In this regard, we describe below what they should take under consideration in light of Polish labour law and dataprotection law. Therefore, implementation and exploitation of such solutions by the employer (as a controller of employee data) must be done in compliance with the rules for processing of personal data under Art.
However, the personalized advertising ecosystem relies heavily on the personal data of users, raising questions about dataprotection and privacy requirements. So, what should businesses take into account to comply with dataprotection requirements?
ICO targets the data broking industry : On 27 October, the ICO demanded that Experian make sweeping changes to dataprotection practices within its direct marketing business within three months or face further enforcement action. We will continue to report on developments as Experian’s appeal progresses.
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.
The CMA further highlighted that transparency around the data used to train FMs is critical to reducing bias and improving accuracy of outputs, and to ensuring accountability. Two areas that have been stressed previously in the dataprotectioncompliance context.
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.
In March 2023, Meta Platforms lost a class action lawsuit against the Dutch Data Privacy Stichting in an Amsterdam court, acting in conjunction with the Consumentenbond, the Dutch Consumers’ Association. The concept of necessity has an independent meaning in European Union law, which must reflect the objectives of dataprotection law.
This article will help you understand what to do immediately after the software engineering work is completed so that the use of AI is healthy (and does not harm the trust of concerned users). In fact, the GDPR itself forces you to disclose information about the use of AI, right in the text of several of its articles. What to change?
Managing a law firm requires more than overseeing cases and delegating tasksit demands a strategic approach that balances client expectations, regulatory compliance, and operational efficiency. This includes financial management, client communication, human resources, compliance, marketing, and technology integration.
Compliance is a priority for law firms. And legal software can be a key tool in helping you meet your firm’s compliance requirements. In this article, we’ll cover major compliance issues that law firms need to monitor and solutions that can reduce your risks. What online compliance risks does my law firm face?
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.
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?
C-453/21) , which addresses the question of the dismissal of a DataProtection Officer (“ DPO ”) and the interpretation of Article 38 of the EU GDPR. Whether Article 38(3) GDPR precluded member states from setting out further grounds for the dismissal of a DPO, beyond those laid out in the GDPR. […] 4.
.] * * * The European Union’s Digital Services Act (“DSA”), a significant legislative act of 93 articles and 156 recitals, will become fully effective from this Saturday, February 17, 2024. The DSA promises to change the internet inside the EU, and likely create spillover effects outside the EU.
On 3 October 2023, the UK Information Commissioner’s Office (“ ICO ”) finalized its Employment practices and dataprotection − Monitoring workers guidance (“ Guidance ”) to account for new types of work, including work from home, and the use of more sophisticated technologies for monitoring.
There is more clarity on the views of the UK dataprotection authority on whether a “Reject All” option in the first layer of a cookie consent management solution is required. This is more likely be compliant with dataprotection law, as firms will be better placed to demonstrate that the user has a genuine free choice.“
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.
Although we will focus on IAB Canada in this article, there is a similar regional representation in Europe. Therefore, the Transparency and Consent Framework Canada was created to help all parties in the digital advertising chain comply with Canadian dataprotection legislation when processing online users’ personal data.
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