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    09/16/2016

    DE: Draft implementation law for EU General Data Protection Regulation strongly criticized - however, the good news is: the obligation to appoint data protection officers remains in place

    Unlike EU directives, the EU General Data Protection Regulation does not have to be transposed into national law but will enter directly into effect for corporations, citizens and public bodies as from May 25, 2018. But by way of compromise, given the lack of political decision-making capability in Brussels, it contains a number of flexibility clauses and regulatory orders for national legislators that are now to be implemented by means of a bill from the Federal Ministry of the Interior. There has been strong criticism from the Federal Ministry of Justice and from Federal Data Protection Commissioners. The public debate has begun.
    Rating: 5 (1)
  • Email Data Protection
    07/21/2016

    US: United States Court of Appeals denies law enforcement access to e-mails stored abroad

    The United States Second Circuit Court of Appeals has ruled that the Stored Communications Act (SCA) does not allow government authorities to enforce search warrants against user data held exclusively on foreign servers.
    Rating: 0 (0)
  • UK Flag
    07/01/2016

    UK: Brexit – Navigating Privacy Compliance after the “Brexit” Vote

    Many companies outside the EU may have some misgivings about the value of their investment in EU privacy law compliance in light of the “Brexit” vote. However, despite the overall dramatic effects of this development, a look at the most likely post-Brexit scenarios shows that its impact on privacy law compliance will be presumably quite limited. This is true for the current regime with the Data Protection Directive (95/46/EC) (“Directive”) as its primary governance document and for its successor legislation, the GDPR, in 2018.
    Rating: 0 (0)
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    06/14/2016

    DE: First fines imposed on Safe Harbor violators

    In October 2015, the European Court of Justice invalidated the Safe Harbor Agreement as a legal basis for the transfer of data to the United States from Europe. The judges ruled that the revelations by Edward Snowden have ruled out the existence of a comparable data protection level in the United States and that companies transferring data to the United States needed to find a new legal basis. While the Safe Harbor successor “Privacy Shield” is still pending, Binding Corporate Rules or the usage of EU Model Contract Clauses remain the only alternative options. A new example demonstrates that even larger and well-known companies are failing to adjust to the new legal situation: In Hamburg, Adobe, Punica, and Unilever had to pay fines for waiting too long to adopt a compliant alternative to Safe Harbor.
    Rating: 0 (0)
  • EuroPriSe - European Privacy Seal
    04/27/2016

    EU: European Privacy Seal now available for websites with exceptional EU data privacy

    EuroPriSe announced on April 26 that it is now offering the European Privacy Seal to websites that meet the seal's "high-quality requirements" for data privacy. Previously, EuroPriSe only offered its seal to products and services. The EuroPriSe Website Certification provides businesses with a new opportunity to showcase their commitment to privacy online.
    Rating: 0 (0)
  • Logo 2B Advice PrIME
    04/21/2016

    DE: A new benchmark in data privacy – 2B Advice PrIME Version 5.5 makes comparing data privacy programs possible for the first time

    2B Advice PrIME 5.5 gives 1,500 license owners a complete list of all possible data privacy management measures, which they can then prioritize and implement for their own company.
    Rating: 0 (0)
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    04/13/2016

    EU/US: Article 29 Working Party’s opinion on draft Privacy Shield

    Today, the Article 29 Working Party announced in a press conference that they will publish two documents concerning the EU – US Privacy Shield. The first document will be the opinion on the Privacy Shield and the second document will include information about essential guarantees and shall include for example standards for surveillance measures for public interests. Companies may continue to use EU Standard Contractual Clauses as well as Binding Corporate Rules. This is at least true until the EU Commission has finally decided on the privacy shield.
    Rating: 0 (0)
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    02/19/2016

    EU: Article 29 Working Party presents Action Plan for 2016

    In the press conference held on February 3, 2016, the Article 29 Working Party presented their Action Plan for 2016. This is entirely focused on the implementation of the new General Data Protection Regulation.
    Rating: 0 (0)
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    02/19/2016

    DE: Federal Court of Justice Publishes Verdict for the Auto-Responder Decision

    You contact your insurance company via email - for example, to terminate your insurance policy. The receipt of your email is answered with an automatic response (auto-responder). In this email, the insurance company makes reference to a weather app. You would like to be spared from such advertising and you inform the insurance company about this. Again, receipt is answered by an auto-responder and the reference to the weather app is still there. You believe that this is an unacceptable promotional email and file for injunctive relief against the insurance company for them to refrain from sending emails to you with advertisements. Will you win?
    Rating: 0 (0)
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    02/10/2016

    EU: Half of consumers distrust companies' handling of their data

    The forthcoming data protection regulation presents both challenges and opportunities. Many companies would do well to make systematic use of these opportunities, but right now they seem more likely to squander their credibility. For example, 48 percent of all consumers lack confidence in the way companies handle their personal information, and even 20 percent believe that their data is unsafe in the hands of any company. Then again, management takes on too little responsibility for data protection. In Germany, only eight percent of the senior managers personally concern themselves with the protection of personal data. This is obviously a case where a threat clashes with a serious vulnerability, especially since management is ultimately responsible for complying with data protection compliance rules.
    Rating: 0 (0)
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