On June 5, 2018, the European Court of Justice (CJEU), issued its preliminary ruling in C‑210/16, opining on the definition of data controller, applicable national law, and jurisdiction under EU data protection law according to Directive 95/46/EC. According to the CJEU’s judgement, EU companies that have been advertising through Facebook can be considered data […]
The CNIL, the French Data Protection Authority, has made available a software update to carry out a data protection impact assessment (DPIA). The software update can be downloaded at https://www.cnil.fr… The corresponding Italian version has been developed with the Garante per la protezione dei dati personali. See www.garanteprivacy.it… For more information on how […]
Essay on whether GDPR’s sanctions for violations are covered by Cyber-Insurance. The full text is available at https://www.culhanemeadows.com…
The Information Commissioner’s Office – ICO – published a resourceful page concerning the right to be informed. The right to be informed covers some of the key transparency requirements of the GDPR. It is about providing individuals with clear and concise information about how their personal data are processed. Among the answers to several questions concerning the right to […]
On October 4, 2014, the European Union Agency for Network and Information Security (ENISA) published the technical guideline for Minimum Security Measures to provide guidance to national regulators on the security measures they should take into account when assessing compliance to the revised Telecommunications Framework Directive . Article 13a of the most recent update of the Telecommunications Framework […]
A guide to the insurability of GDPR fines across Europe DLA Piper has partnered with AON to provide insight into the insurability of GDPR fines across Europe ands the potential financial impact of a data breach. The report is available at https://www.dlapiper.com…
In its plenary meeting held in April 2018, Working Party 29 (WP29) examined certain critical matters regarding the implementation of Regulation 2016/679, the s.c. General Data Protection Regulation (GDPR) and adopted several key documents for the preparation of its application on the 25th of May 2018 such as the guidelines on consent and the guidelines on transparency. […]
The guidelines on Transparency under Regulation 2016/679 provide practical guidance and interpretative assistance from the Article 29 Working Party (WP29) on the new obligation of transparency concerning the processing of personal data under the General Data Protection Regulation (GDPR). Transparency is an overarching obligation under the GDPR applying to three central areas: (1) the provision […]
The Guidelines on consent under Regulation 2016/679 provide a thorough analysis of the notion of consent. Controllers must always consider which one is the appropriate lawful ground for the processing. Consent remains one of six lawful bases to process personal data, as listed in Article 6, GDPR. The data subject shall have a genuine choice […]
The scandal of Cambridge Analytica caused several consequences for Facebook in Europe. In the United Kingdom, the Information Commissioner (ICO) is investigating the use of personal data and analytics by political campaigns, parties, social media companies and other commercial actors by 30 organizations, including Facebook. See here. The Working Party 29(WP29) created a Social Media Working Group to develop a […]