Archives: GDPR

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The Data Protection Fee – ICO fees under the GDPR

The obligation on controllers to pay a fee will remain in place following the implementation of the General Data Protection Regulation, the GDPR, on 25 May 2018. The fees act as the main source of funding for the UK’s data protection supervisory authority, the Information Commissioner’s Office (the ‘ICO’). The Government, which has a statutory … Continue Reading

The GDPR’s Impact on CCTV and Workplace Surveillance

What is CCTV? CCTV means closed-circuit television, also known as video surveillance. Video surveillance systems monitors the behavior, activities, or other changing information, usually, of people from a distance by means of electronic equipment. Video surveillance can include anything from closed circuit television or automatic number-plate recognition systems, to any other system for recording, storing, … Continue Reading

How to Find Official Guidance on the EU General Data Protection Regulation (GDPR)

Happy New Year!  With 2018 off to a rapid start, companies now have fewer than five months to become GDPR-compliant. Although the basic principles and obligations enshrined in the GDPR are not new, the GDPR contains a complex, interlinked series of requirements whose practical application to real world situations is often very unclear.  The Article … Continue Reading

France’s Law to Accompany the GDPR and EU Directive Published

On December 13, 2017 the French Ministry of Justice published a draft law to accompany the implementation within France of the General Data Protection Regulation 2016/679 (GDPR) and the Directive 2016/680, governing the handling of data in law enforcement situations. The following are some of the noticeable change brought by the draft law with respect … Continue Reading

Blockchain and GDPR – Many Open Questions to be Addressed and Solved!

Blockchain involves various computers that are located in different states around the world so that the jurisdictions and applicable laws are questionable and assumingly not known to the parties using the blockchain technology. In principle a blockchain is a distributed ledger, that can be defined as a replicated, shared, and synchronized digital data structure maintained … Continue Reading

WP29 Publishes Draft Guidelines on Consent

On 12 December 2017, Article 29 Working Party (WP29) published its long-awaited draft guidelines on consent under the GDPR. The guidelines build on WP29’s ‘Opinion on the definition of consent’, adopted in July 2011. As with the draft guidance on transparency, published the same day, WP29 invites comments to be submitted by 23 January 2018. … Continue Reading

List of DPOs Appointed by the EU Institutions and Bodies Published

To allow Data Protection Officers (“DPOs”) to interact with one another and share best practices, the European Data Protection Supervisor (“EDPS”) has published a list of DPOs currently appointed by EU agencies. This list identified notably the DPOs for the EDPS as well as the European Court of Justice. The publication of this information not … Continue Reading

Breakfast Briefing – Cybersecurity Readiness and Effective Breach Response

The EU General Data Protection Regulation (GDPR) increases organizations’ obligations to a new level and also adopts, for the first time, specific breach notification guidelines. Cybersecurity readiness and effective responses are no longer the exclusive domain of IT departments -these are now board-level concerns.  Regardless of industry sector, size or commercial focus, companies not only … Continue Reading

WP 29 Publishes Guidelines on Personal Data Breach Notification Under Regulation 2016/679 “WP250”

The G29 is continuing its work to clarify GDPR with a view to its implementation in May 2018. The subject of personal data breach notification is not entirely new, as the reporting obligation, which will soon apply to all, already exists for communication service providers. However, these guidelines reiterate or provide more detailed information about … Continue Reading

Compliance to PSD2 and GDPR – A New Challenge

The revised EU’s Payment Services Directive (PSD2) and EU’s General Data Protection Regulation (GDPR) will both come in force in 2018. Seemingly unconnected, these two regulatory initiatives share a common goal– putting customers in control of their own personal data and keeping that personal data safe. PSD2  is an update to the original Payment Service … Continue Reading

WP 29 publishes Guidelines on Automated Individual Decision-Making and Profiling “WP251”

The Article 29 Working Party, the group of EU data protection authorities charged with agreeing European-wide guidance on GDPR, has published Guidelines on the Automated Individual Decision-Making and Profiling “WP251”. While the introduction of the concept of “profiling” in the GDPR is relatively new, it is not the case for automated individual decision-making, which is … Continue Reading

GDPR Data Protection Impact Assessments Guidelines Released

The Article 29 Working Party has adopted Guidelines on Data Protection Impact Assessments (DPIAs), following its consultation on a draft version published in April 2017.  The final version provides additional guidance in a number of areas without materially changing the position. Further guidance is provided on the trigger for mandatory DPIAs – whether the processing … Continue Reading

Survey of the National GDPR Implementation Laws of Key Member States

While the GDPR compliance clock is ticking for companies, EU Member States have also been preparing for the implementation of the General Data Protection Regulation (“GDPR”) which will become enforceable on May 25, 2018. The GDPR will be directly applicable in all EU Member States without the need for implementing national laws. However, apart from … Continue Reading

Top Five GDPR Compliance Challenges

Over the past two years, we have been assisting clients from all sectors to prepare for the implementation of the General Data Protection Regulation (“GDPR”), which will become enforceable on May 25, 2018.  Whilst many companies are racing full throttle to be fully compliant by May 2018, others are just about to start the process or are … Continue Reading

New Belgian Data Protection Authority Bill Introduced

On 23 August 2017, a draft bill establishing a Data Protection Authority (Wetsontwerp tot oprichting van de Gegevensbeschermingsautoriteit – Projet de loi portant creation d’Autorité de protection de données, “DPA Bill”) was introduced before the Belgian Parliament, as required by the General Data Protection Regulation (“GDPR”).   The DPA Bill aims to reform the existing Commission … Continue Reading
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