Category Archives: European Commission

Impact of Brexit on data protection: EU Home Affairs Sub-Committee hears evidence The EU Home Affairs Sub-Committee continues to hear evidence from various experts on the implications of Brexit on the "EU data protection package". Particularly notable are the comments of Elizabeth Denham, the UK's Information Commissioner, regarding her hopes for the UK post-Brexit. Unsurprisingly for Denham and perhaps reassuringly for business, "the right way forward… is to fully adopt the general data protection regulation". However should the UK do so, questions persist as to the ICO's role, particularly in relation to its standing with the European Data Protection Board (EDPB). Denham was keen to emphasise that the Government should do anything it can to ensure the ICO has "some status" on the EDPB. Should it not, the UK will be at the mercy of the Board's decisions, but be without influence over its policy. Lord O'Neil of Clackmannan, a Labour peer, was … Continue Reading ››
Yesterday, 10 January, the European Commission (EC) presented its formal proposals for the new ePrivacy Regulation. On initial analysis, the first official draft of the Regulation appears broadly similar to last month's leaked version, explored by Datonomy here. Datonomy will be providing a fuller analysis, however in the meantime the EC's Fact Sheet provides a useful starting point. The Commission's aim is to have the new Regulation adopted by 25 May 2018 when the GDPR takes effect. Olswang's Head of Digital and Data, Elle Todd, and Alex Dixie, the firm's Head of Adtech, will be taking a first look at the practical impacts of the new proposals in a webinar at 15:00 UK time on Thursday 19 January. Follow this link to register. In particular the webinar will examine:
Yesterday (13 December) in time-honoured tradition, a draft proposal of the European Commission's (EC) new ePrivacy Regulation was leaked. The official draft of the proposal is not expected to be published by the EC until January 2017, and it is possible some of the detail will change before then. Datonomy will be providing fuller analysis of the real thing in the near future, but an initial look at the leaked draft – which (typos aside) gives a good indication of what to expect - reveals the following:
  1. It's a Regulation rather than a Directive (as predicted by Datonomy here)
As with the GDPR, this is intended to provide additional harmonisation and simplification. However, there are a number of areas where Member States can nuance provisions.
  1. A fining regime similar to GDPR
Offenders can expect turnover based fines. For example, fines of up to 2% of turnover, or up to 10,000,000 … Continue Reading ››
Recently Datonomy attended the second of two conferences held by Exeter University addressing the UK's place in the Digital Single Market. The day, hosted at Portcullis House, focused on data protection and privacy policy with viewpoints provided by both practitioners and stakeholders. Of particular relevance to Datonomy readers were the panels' opinions on the ePrivacy Directive review, the GDPR, and the new Investigatory Powers Act (recently explored by Datonomy here). Draft ePrivacy Regulation on the horizon Perhaps the headline news from the day was the strong support for the review of the ePrivacy Directive to result in the implementation of a new ePrivacy Regulation (therefore directly effective). It was argued the Regulation should extend the scope of the current ePrivacy Directive to cover new tech including, for example, OTT Providers, publically used private networks and the Internet of Things. According to the European Commission the draft proposal … Continue Reading ››
In the past year, we have seen Safe Harbor declared invalid and the EU-US Privacy Shield put in place, as well as the start of the countdown to GDPR compliance. Datonomy contributors Elle Todd and Rob Bratby join Jamie Davies from Telecom to discuss all things data and reflect on the changes to EU data protection regulation over the past twelve months. Find the article here.
Datonomy summarises the latest developments in the ongoing saga of US data transfers. What's new? On 13 April, the Article 29 Working Party announced their eagerly awaited – but as it turned out,  somewhat inconclusive - conclusions on the proposed new EU-US Privacy Shield data transfer mechanism. A lunchtime press conference led by Article 29 Working Party Chairman Isabelle Falque-Pierrotin was followed by the publication in the late afternoon of two new documents: The documents analyse the Privacy Shield from two angles:
  • the commercial aspects
  • derogations for national security purposes.
See below ("What are the regulators' concerns") for a bit more detail on the content of these documents and the key concerns raised. As Datonomy readers … Continue Reading ››
Safe Harbour – what’s new? Yesterday, the European Commission announced that it had agreed a new framework with the US for data flows between Europe and the US, christened “EU-US Privacy Shield”.  This would replace the former Safe Harbour agreement, which was invalidated by the ECJ on 6 October last year, and allow a mechanism for companies to legally transfer data relating to EU data subjects between Europe and the US.  Datonomy watched the Article 29 Working Party (“A29WP”) press conference given by the Chair, Isabelle Falque-Pierrotin, at midday today (following which a formal statement was released) and brings you the key points on the current status and next steps for Privacy Shield. What is the status of the new EU-US Privacy Shield? Whilst the European Commission may have reached an agreement, Privacy Shield is far from a done deal it seems.  The A29WP was not included in the negotiations relating … Continue Reading ››