DLA Piper Privacy Matters

DECEMBER 3, 2021

45 of 2021 on the Protection of Personal Data Protection (“ PDPL ”), which was issued on 26 September 2021. Reassuringly, the PDPL does not contain any major divergences from other well-known data protection regimes, including the GDPR. What does the PDPL cover and who does it apply to? Definitions. Territoriality.

Personal data 105

Personal data Data breaches GDPR Compliance 105

Hunton Privacy

MAY 4, 2021

On April 29, 2021, China issued a second version of the draft Personal Information Protection Law (“Draft PIPL”). The Draft PIPL will be open for public comments until May 28, 2021. Decedent’s Personal Information. Specific Data Processor. Inversion of Burden of Proof.

Personal data 94

Personal data IT Information Security Privacy 94

Hunton Privacy

OCTOBER 24, 2022

In order to allow the search of a specific person, Clearview AI creates a biometric template which consists of a digital representation of a person’s physical characteristics. Under the EU General Data Protection (the “GDPR”), biometric data qualifies as sensitive personal data and the processing thereof requires additional protection.

Data collection 72

Data collection Personal data GDPR Marketing 72

Data Matters

NOVEMBER 9, 2020

Both are key legal mechanisms used to enable transfers of personal data outside the EU. Below is a summary of the key takeaways of the EDPS Guidance: Focus on personal data transfers to the U.S.: The EDPS confirms that its priority focus will be on data transfers “towards the United States”. 12333 (the U.S.

Personal data 82

Personal data Compliance Privacy Communications 82

Hunton Privacy

JUNE 15, 2021

On June 15, 2021, the Court of Justice of the European Union (the “CJEU”) released its judgment in case C-645/19 of Facebook Ireland Limited, Facebook Inc., the Belgian Data Protection Authority (“Belgian DPA”). Facebook Belgium BVBA v. We previously reported on the background of the case and the Advocate General’s opinion.

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GDPR Personal data IT 81

Data Matters

JULY 16, 2020

relates to the alleged tracking of personal data by Google of 4.4 million iPhone users and subsequent selling of the users’ data to advertisers, without the users’ knowledge and consent. Whether the High Court judge was correct to exercise his discretion in ruling that the claim should not be permitted to proceed under CPR 19.6

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Personal data GDPR Privacy Data Privacy 91

DLA Piper Privacy Matters

SEPTEMBER 6, 2021

On 2 September 2021, the Data Protection Commission (DPC) announced it has imposed a €225 million administrative fine against WhatsApp Ireland Limited , as well as a reprimand and an order to bring its processing into compliance. Non-User Data.

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GDPR Personal data Communications e-Delivery 105

Data Protection Report

JUNE 7, 2021

On Friday 4 June, the European Commission published the finalised version of the new Standard Contractual Clauses for transferring personal data from the EU to third countries (the New SCCs). Companies now have 18 months to update their supplier contracts and other data export arrangements. Article 4 of Implementing Decision ).

Personal data 119

Personal data GDPR Data breaches Access 119

Hunton Privacy

APRIL 27, 2021

On April 23, 2021, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its response to the European Data Protection Board (“EDPB”) consultation on draft guidelines on virtual voice assistants (the “Guidelines”). The Guidelines were adopted on March 12, 2021 for public consultation.

GDPR 77

GDPR Artificial Intelligence Privacy Personal data 77

DLA Piper Privacy Matters

AUGUST 3, 2021

On 4 June 2021, the European Commission released the final version of the new Standard Contractual Clauses (new SCCs) (see our blogpost here ). This will require both data exporters and data importers to put in place a methodological process to perform such assessments, to support each other and exchange relevant information.

IT 119

IT Personal data Compliance Risk 119

DLA Piper Privacy Matters

MAY 23, 2023

For Meta, the decision has resulted in a record administrative fine of €1.2bn, an order to suspend further transfers of EEA personal data to the US within five months, and an order to cease all unlawful processing of EEA personal data transferred to the US in violation of GDPR, within six months.

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Personal data GDPR Risk Privacy 59

DLA Piper Privacy Matters

MARCH 18, 2021

Virginia’s Governor signed the Virginia Consumer Data Protection Act (“VCDPA”) into law on March 2, 2021. during a calendar year, control or process personal data of at least 100,000 consumers, or. Author: Jim Halpert. Key provisions. business-to-business) or employment context.

Personal data 59

Personal data Sales GDPR Privacy 59

Data Protection Report

AUGUST 5, 2021

China’s much anticipated Personal Information Protection Law ( PIPL ) is very likely to pass this month after the conclusion of the 30th meeting of the Standing Committee of the National People’s Congress, which is to be held in Beijing on 17-20 August. Key things to note about the PIPL.

Privacy 98

Privacy Compliance GDPR Personal data 98

DLA Piper Privacy Matters

OCTOBER 7, 2021

The Middle East’s data protection regulatory landscape is complex, and continues to develop with Saudi Arabia’s ( KSA ) newly published Personal Data Protection Law ( PDPL ). While the PDPL contains the main features of a modern data protection law, it cannot be considered a direct analogue of the GDPR. Direct marketing.

Personal data 96

Personal data Compliance Computer and Electronics IoT 96

Hunton Privacy

FEBRUARY 3, 2022

The Belgian DPA rejected this argument and found that IAB Europe acts as a data controller with respect to the TCF and therefore can be held responsible for violations of the GDPR. The Belgian DPA found that IAB Europe does not have a legal basis for the processing of personal data through the TCF. One Stop Shop.

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GDPR Personal data Marketing IT 111

Thales Cloud Protection & Licensing

JUNE 24, 2021

Thu, 06/24/2021 - 07:22. According to both regulations, data subjects, citizens of the EU and the State of California have the rights of access, rectification, erasure, and portability on their personal data. How FIDO 2 authentication can help achieve regulatory compliance.

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Authentication Compliance Personal data GDPR 71

DLA Piper Privacy Matters

NOVEMBER 29, 2021

On 16 November 2021, the French data protection supervisory authority (the “CNIL”) published a practical guide (“Guide”) on Data Protection Officers (“DPOs”). The DPO is the key contact for the CNIL and data subjects. The Guide starts with a section on the role of the DPO : . Provide information and advice.

GDPR 116

GDPR Compliance Personal data Communications 116

Hunton Privacy

MAY 13, 2021

On April 29, 2021, the New York City Council passed the Tenant Data Privacy Act (“TDPA”), which would regulate the collection, use, safeguarding and retention of tenant data by owners of “smart access” buildings. The TDPA also would create a private right of action for tenants whose data is unlawfully sold.

Data Privacy 106

Data Privacy Privacy Passwords Authentication 106

Data Protection Report

SEPTEMBER 16, 2021

We will discuss the guidance issued by (i) the Ministry of Manpower (“ MOM ”) on the updated safe management measures at the workplace; (ii) the MOM on COVID-19 vaccination in relation to the workplace; and (iii) the Personal Data Protection Commission (“ PDPC ”) on the collection of personal data at the workplace for COVID-19 contact tracing.

Personal data 52

Personal data Data collection Risk Access 52

DLA Piper Privacy Matters

APRIL 25, 2023

15(3) GDPR must be interpreted as requiring a data controller to provide the data subject with a copy of his or her personal data, even where the data subject requests the copy for purposes unrelated to data protection. In particular, the AG took the view that Art. 12(5) and Art. 12(5) and Art. 24 et seq.).

Access 52

Access GDPR Personal data IT 52

Data Matters

JUNE 25, 2021

The European Data Protection Board (“ EDPB ”), adopted on 18 June 2021 its final recommendations describing how controllers and processors transferring personal data outside the European Economic Area (“ EEA ”) may comply with the Schrems II ruling (“ Final Schrems II Recommendations ”). STEP 1 – Mapping Exercise.

Personal data 78

Personal data Access Communications Cloud 78

DLA Piper Privacy Matters

MAY 4, 2021

Second drafts of the new overarching national personal data protection and data security laws have just been published, and give a clearer picture of the impending new national frameworks in China. Draft Personal Information Protection Law. Draft Data Security Law.

Compliance 77

Compliance Security Personal data Privacy 77

DLA Piper Privacy Matters

OCTOBER 17, 2022

A recent decision by the Irish Data Protection Commission (“ DPC “) imposing a record €405 million fine provides clarification on the lawfulness of processing children’s personal data in accordance with the legal bases of ‘performance of contract’ and ‘legitimate interest’. Background. The Decision.

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GDPR Personal data Risk Compliance 97

Data Protection Report

MAY 17, 2022

This post considers the MOM Guidance and other related guidance issued by the Ministry of Health (“ MOH ”) [2] and associated data privacy considerations under the Personal Data Protection Act 2012 (“ PDPA ”). 3] See Updated advisory on COVID-19 vaccination at the workplace issued on 23 October 2021. [4]

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Personal data Risk Data Privacy Privacy 52

DLA Piper Privacy Matters

FEBRUARY 23, 2022

The European Commission today presented its second instrument in the European Data Strategy; a “Regulation on harmonised rules on fair access to and use of data”, better known as the Data Act. In the proposal, “data” is broadly defined and contains both personal and non-personal data.

GDPR 97

GDPR Personal data IoT Access 97

Hunton Privacy

JANUARY 14, 2021

On January 13, 2021, Advocate General (“AG”) Michal Bobek of the Court of Justice of the European Union (“CJEU”) issued his Opinion in the Case C-645/19 of Facebook Ireland Limited, Facebook Inc., the Belgian Data Protection Authority (“Belgian DPA”). Facebook Belgium BVBA v. Background.

GDPR 81

GDPR Personal data Risk IT 81

Privacy and Cybersecurity Law

AUGUST 5, 2020

A DPIA must be meaningful and not a box-ticking exercise. Instead, the ICO will consult on this with stakeholders, with a view to publishing more details in updated Cloud Computing Guidance in 2021. Statistical accuracy needs to be balanced with the principle of data minimisation. The ICO recommends a DPIA is carried out.

Artificial Intelligence 59

Artificial Intelligence GDPR Personal data Compliance 59

Data Protection Report

AUGUST 24, 2021

China passed its Personal Information Protection Law (PIPL) on 20 August 2021. This is China’s first omnibus data protection law, and will take effect from 1 November 2021 allowing companies just over two months to prepare themselves. The PIPL is a game changer for any company with data or business in China.

GDPR 111

GDPR Compliance Analytics Security 111

Data Protection Report

NOVEMBER 11, 2021

The Cyberspace Administration of China ( CAC ) released the draft Security Review Measures for Cross-Border Data Transfer (the Draft Security Review Measures ) for public comments on 29 October 2021 – shortly before the effective date of the Personal Information Protection Law ( PIPL ), 1 November 2021.

Security 52

Security Risk Personal data IT 52

Data Protection Report

SEPTEMBER 28, 2021

On 10 September 2021, the UK Government published its consultation paper on proposals to reform the UK’s data protection regime. The deadline for responding to the consultation is 19 November 2021. On legitimate interests, the Government proposes disapplying the legitimate interest balancing test for certain activities.

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Government FOIA GDPR Compliance 120

Privacy and Cybersecurity Law

FEBRUARY 14, 2020

Detrimental Use of Data: You should not use children’s personal data in ways that have been shown to be detrimental to their wellbeing , or that go against industry codes of practice, other regulatory provisions, or Government advice. Give children separate choices over which elements they wish to activate. …

Access 59

Access Personal data IoT Privacy 59

Privacy and Cybersecurity Law

JUNE 23, 2021

On June 11, 2021, the Regulation on notifications of incidents affecting networks, information systems and IT services (“ Regulation ”) – adopted by means of the Decree of the President of the Council of Ministers (DPCM) of 14 April 2021, no. 2] Until December 31, 2021, notifications may be performed on an experimental basis. [3]

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Cybersecurity Communications Data breaches Security 52

CILIP

NOVEMBER 16, 2021

exercise to a risk-management one, and aims to do so without threatening the data security of individuals. s personal data must be at the heart of our new regime. in the DCMS ICO consultation are in fact currently necessary protections against the potential abuse of personal data and infringement of personal privacy.

GDPR 52

GDPR Personal data Government Risk 52

Privacy and Cybersecurity Law

FEBRUARY 14, 2020

Detrimental Use of Data: You should not use children’s personal data in ways that have been shown to be detrimental to their wellbeing , or that go against industry codes of practice, other regulatory provisions, or Government advice. Give children separate choices over which elements they wish to activate.

Access 59

Access Personal data IoT Privacy 59

DLA Piper Privacy Matters

JUNE 4, 2020

New national level laws: an enhanced right of the individual to personal data protection, including the right to bring personal civil claims for breach of data privacy, has been included in the new PRC Civil Code, and will take effect on 1 January 2021. banking) authorities.

Privacy 52

Privacy Data Privacy Compliance Personal data 52

Data Protection Report

SEPTEMBER 8, 2020

Transparency is one of the trickiest considerations when it comes to processing personal data in an AI system. Where an AI system makes decisions about individuals, SARs (subject access requests, or requests to exercise rights under the GDPR) are going to be part and parcel. Explainability” – the new “transparency”.

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Personal data Risk GDPR Artificial Intelligence 64

Data Matters

MARCH 10, 2021

On February 10, 2021, the Council of the European Union (which includes representatives of the European Union (EU) member states, hereinafter Council) reached an agreement on the ePrivacy Regulation proposal that governs the protection of privacy and confidentiality of electronic communications services (ePrivacy Regulation).

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GDPR Metadata Communications Privacy 67