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:
- changes in the scope of the new regime to cover … Continue Reading ››
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:
- It's a Regulation rather than a Directive (as predicted by Datonomy here)
- A fining regime similar to GDPR
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:
- a 58 page Opinion on the EU-US Privacy Shield adequacy decision
- a 15 page Working Document on the justification of interferences with the fundamental rights to privacy and data protection through surveillance measures when transferring personal data (European Essential Guarantees)
- the commercial aspects
- derogations for national security purposes.
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 ››