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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.
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.
Therefore, individual states took matters into their own hands and passed local laws to protect the privacy of their residents. In this article, we will review who needs to know the new rules of the US legislation, when exactly they will come into force and what obligations these laws provide.
Mandated by Article 34.7 , the joint review occurs six years after implementation to evaluate the USMCA’s performance and identify areas for improvement. Anticipated Changes within AI and Data Transfers One anticipated change is the pressing need for better data privacy standards.
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. What should the DTIA note for transferring personal data from the EU to Ukraine?
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.
We also didn’t have citizen journalism platforms enabling lawyers and law firms to openly publish insight on the implications of matters such as AI. When AI hit last year, law firms started publishing about AI, perhaps like no other subject before. On blogs, on websites, via contributed articles and more.
In this regard, we describe below what they should take under consideration in light of Polish labour law and dataprotectionlaw. Bossware and the rules for processing personal data As a rule, the operation of bossware will involve the processing of employee personal data.
This article discusses the first step for fintechs to get ready for the new datalaw. No piece of legislation has taken more punches than our elusive dataprotectionlaw. The datalaw is nearly here! The Digital Personal DataProtection Bill, 2023 was introduced in Parliament on 3 August 2023.
The Summer 2023 Edition of the quarterly IT & DataProtection Newsletter by Reed Smith Germany has just been released: English version German version This edition covers the following topics: New adequacy decision for EU-U.S. data transfers CJEU: Requirements for GDPR damage claims CJEU: Lawfulness of processing in case of Art.
The practical problem is finding the balance between business using technology to get benefits from personal data and actual real control of the personal data by the data subjects. Definition of personal data 1.2. Rights of data subjects 1.4. Social media advertising, based on personal data 2.2.
Internet of Things and General DataProtection Regulation. Under this article, I would like to emphasize its main GDPR requirements concerning IoT. Design considerations Privacy and dataprotection measures for IoT should be addressed at the design stage. Is it applicable? For sure, yes.
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. Standard Contractual Clauses).
On 19 June 2023, the Information Commissioner’s Office (ICO) has released new Guidance on Privacy-Enhancing Technologies (PETs) for DataProtection Compliance. Understanding PETs PETs are software and hardware systems that can help minimize use of personal data use while maximizing information security.
Organisations would be able to use this for data transfers from the UK; and a TRA will be needed if an organisation is making a restricted transfer (defined and opinions solicited in the TRA consultation ) and wants to rely on a transfer tool under Article 46 of the UK GDPR.
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.
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”.
There were a few European dataprotection developments in February that companies may want to have on their radar. What to do: As we reported previously there is increasing convergence between European dataprotection and competition law enforcement. We cover those developments (and more) below.
million for vendor oversight failings, unlawful cross-border transfers What happened : The AEPD, the Spanish dataprotection authority (“DPA”), fined Vodafone Spain €8.15 million for various breaches of the GDPR and Spanish e-privacy laws, topping the €6 million CaixaBank penalty from earlier this year. €4
Subject access requests : The possibility that companies responding to data subject access requests from individuals will have to provide copies of entire documents containing their personal data, rather than only extracts. The court concluded that the legitimate interest could have been furthered through less intrusive means.
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.
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. Apparently not.
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 ).
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?
In this post, we look back at the 2020 European dataprotection landscape and five trends that help companies understand not only where we are, but where dataprotection enforcement, litigation, and practice may be headed. million against Marriott for its 2018 data breach When you dig deeper though, two key points emerge.
They raise various questions under regulatory and dataprotection and data security laws. The DiGA Regulation imposes specific dataprotection and data security requirements on health apps (in addition to safety, functionality, quality and interoperability requirements). 26 of the GDPR.
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.
European DataProtection Roundup – July Key takeaways from developments this July include: a blockbuster €746 million fine against Amazon – the largest ever GDPR penalty – showing the Regulation’s teeth; the challenges of GDPR-compliant facial recognition, after a Spanish supermarket chain was fined €2.5
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 dataprotection compliance context.
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
A dataprotection officer ( DPO ) is a specialist who helps companies ensure compliance with international dataprotectionlaws. In a nutshell, the DPO is a key person who helps the company in all business processes to ensure compliance with the dataprotectionlaw.
As covered in our Annual Review , 2020 was a blockbuster year for European dataprotection. However, the surveillance system was deemed to be neither limited to a specific period, nor to specific employees, as required by local law. If January is anything to go by, 2021 will be the same. CJEU Opinion clarifies the one-stop-shop.
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 law firm management guide examines key strategies and tools that drive efficiency, enhance client satisfaction, and support sustainable growth.
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.
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. Engaging a processor with GDPR certification can also help a controller demonstrate its compliance with Article 28 of the GDPR.
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. Standard dataprotection (or contractual) clauses ( SCCs ) are the most common safeguards.
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 dataprotectionlaw.
Those who process personal data of EU residents should comply with the requirements of the General DataProtection Regulation or GDPR. In this article, we will explain what companies that have already entered or are entering the EU market in 2023 should pay attention to. But the details may vary.
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. As a reminder: What is the code of conduct, and why is it needed?
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.
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?
These requirements cover a wide range of issues that are frequently debated in relation to the governance of generative AI globally, such as dataprotection, non-discrimination, bias and the quality of training data.
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