Complementing the GDPR: The ePrivacy Regulation Part I

This is the first blog of a series of posts which will explore aspects of the ePrivacy Regulation adopted on 10 January 2017 which aims to provide stronger privacy protections in electronic communications. On 10 January 2017 the European Commission adopted the Proposal for a Regulation on Privacy and Electronic Communications (the Draft ePrivacy Regulation) concerning ...

University of Maastricht’s European Centre on Privacy and Cybersecurity

In January of this year I became a Visiting Fellow at the University of Maastricht's European Centre on Privacy and Cybersecurity, a platform for research focused on legal issues related to personal data protection and cybersecurity. ECPC has a strong European and international outlook and brings together an interdisciplinary group of researchers active in areas of ...

Brexit and the future of data transfers to the UK

On 29 March 2017 Theresa May, the Prime Minister of the United Kingdom, officially invoked Article 50 of the Treaty on European Union, effectively triggering Brexit.  But what does that mean for us as data protection and privacy experts and how will companies be affected by Brexit? The Lisbon Treaty establishes that countries exiting the EU ...

The Case of Standard Contractual Clauses: The Irish Data Protection Commissioner & Max Schrems

“The supervisory authorities should have the power to prohibit or suspend a data transfer or a set of transfers based on the standard contractual clauses in those exceptional cases where it is established that a transfer on contractual basis is likely to have a substantial adverse effect on the warranties and obligations providing adequate protection ...

Article 29 Working Party publishes Privacy Shield enforcement documents

The Article 29 Working Party is preparing for enforcement as the nine-month grace period for US Companies that self-certified before 30 September 2016 comes to an end on 30 June 2017. As of today there are a total of 1,750 organizations signed up to the EU-US Privacy Shield List, which applies to the transfer of all ...

Italian employers can no longer control employees’ e-mails and communications when private-professional use of corporate devices are allowed

Background information/scenario Since the publication of the Guidelines Applying to the Use of E-Mails and the Internet in the Employment Context, the Italian Data Protection Authority (“Garante”) has had more than one opportunity to state its view on the controls of IT devices provided to employees to perform their job. In the case at stake, a ...

The Italian Data Protection Authority forbids the use of contact details of companies and professionals for marketing purposes without prior consent

Background information/scenario Do marketing purposes need specific consent and does such consent apply even when targeting professionals and companies whose contacts are publicly available on Internet? In one of its first decisions dated 2017, the Italian Data Protection Authority  (“Garante”) restated that all data controllers must collect a freely given and specific consent in order to ...

Article 29 Working Party on DPO independency and Conflict of interests

The Article 29 Working Party adopted three sets of guidelines in its December 2016 Plenary Meeting including Guidelines and FAQs on the right to Data Portability, Guidelines and FAQs on the Lead Supervisory Authority, Guidelines and FAQs on Data Protection Officers (DPO). These Guidelines are particularly useful in light of the GDPR, which makes it mandatory for ...

EU-US Umbrella Agreement gets green light

Today the EU-US "Umbrella Agreement", the data protection framework for EU-US law enforcement cooperation, received a green light from the European Parliament without referral to the CJEU. Importantly, the Agreement will provide EU citizens with judicial redress rights in US courts in case of breaches, a key point for the EU during the long negotiation ...

New EDPS guidelines on web services and mobile applications

Today the European Data Protection Supervisor published two very welcomed guidelines on personal data protection. The first deals with the protection of personal data processed through web services and the second personal data processed by mobile applications provided by European Union institutions. You can find the complete guidelines below. Guidelines on the protection of personal data processed through ...