The US & Switzerland sign new Privacy Shield Framework to allow data transfer

On January 12, 2017, Switzerland approved the Swiss-U.S. Privacy Shield Framework. Switzerland considers the agreement as a valid legal mechanism to comply with Swiss requirements when transferring personal data from Switzerland to the United States. The Swiss-U.S. Privacy Shield Framework will replace the U.S.-Swiss Safe Harbor immediately. Switzerland will begin accepting Privacy Shield certifications starting […]

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EU Commission’s ePrivacy Regulation Proposal to align electronic communications privacy to GDPR

On January 10, 2017, the European Commission issued a draft for a new ePrivacy Regulation (“Proposal”) that would replace Directive 2002/58/EC (‘the ePrivacy Directive’), implementing a higher level of privacy for all electronic communications. Scope of application: The Proposal applies to all electronic communication providers – including EU institutions – and aim at aligning the existing rules, which date back […]

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Conflict of interest under the recently issued WP29’s opinion on DPO

In Section 3.5 of Article 29 Working Party (WP29)’s Guidelines on Data Protection Officer (“DPOs”) (“Opinion”), the WP29 discusses the issue of conflict of interest for DPO. See here for more information on this opinion. The WP29 points out that while Article 38(6) GDPR allows a DPO to perform “other tasks and duties”, the organization […]

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FCC adopts Broadband Consumer Privacy Rules

On December 2, 2016, the Federal Communications Commission (FCC) published the Broadband Privacy Report and Order which requires broadband Internet Service Providers (ISPs) to protect users’ privacy. The rules implement the privacy requirements of Section 222 of the Communications Act for broadband ISPs, and aim at giving broadband customers more control over the use of their […]

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APEC Cross Border Privacy Rules (CBPR) system

APEC Cross Border Privacy Rules (CBPR) system (2011) is a “voluntary accountability-based system to facilitate privacy-respecting data flows among APEC economies”. As of August 2016 there are four participating APEC CBPR system economies: USA, Mexico, Japan and Canada. It has four main components: recognition criteria for organisations wishing to become an APEC CBPR system a questionnaire […]

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Bermuda passes bill to protect personal information

On July 1, 2016, the Bermuda House of Assembly passed the Personal Information Protection Bill (PIPA). PIPA is a “milestone in the history of human rights in Bermuda”. The Bill provides Bermuda residents with the right to have their personal information protected. It applies to all organizations, businesses and the government that process personal information, both […]

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GDPR published in Official Journal of the European Union

On May 4, 2016, Regulation (EU) 2016/679 of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), (in short “GDPR” ) was published in the Official Journal of the European Union. The GDPR shall […]

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New enhanced privacy rules for the FBI’s use of NSA data

According to a source, the Federal Bureau of Investigation (FBI) has revised its privacy rules on dealing with data that it receives from the National Security Agency (NSA) regarding Americans’ international communications (international emails, texts and phone calls). This is the so called “Section 702 data” because it is collected by the NSA under the […]

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FCC’s Broadband Consumer Privacy Proposal

On March 10, 2016, the Federal Communications Commission (FCC) Chairman Tom Wheeler circulated a Notice of Proposed Rulemaking (NPRM) regulating how broadband Internet service providers can use and share customer data. According to a Fact sheet that the FCC released and that summarizes the NPRM, the proposed rules deal specifically with consent to use/sharing of data, breach notification […]

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