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:
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
After years of drafting and debating, the EU General Data Protection Regulation (GDPR) was approved
by the European Parliament yesterday (14 April). It is expected to be published in the EU Official Journal in the coming weeks.
The GDPR sets the new EU-rules for handling of personal data
. It will substitute local EU data protection laws. However, the GDPR contains over 50 “door openers” for local member state laws (see this nice graphic which illustrates the point: https://www.flickr.com/photos/winfried-veil/24134840885/in/dateposted/
). Life for international companies, therefore, will not get easier as they will not avoid the need to assess local member state laws.
The GDPR will enter into force 20 days after its official publication, estimated to be between May and July 2016. Companies will then have two years to prepare until the GDPR actually applies (two years after entering into force – i.e. May – July 2018
All businesses in … Continue Reading ››
The likely demise of the US Safe Harbor is dominating the data news headlines - but what else is happening in the world of data and cyber regulation? Datonomy provides a round up of other recent developments in Europe and Asia.
With contributions from Andreas Splittgerber and Christian Leuthner in Germany, Sofia Fontanals in Spain and Matthew Hunter, Daniel Jung and Aisling O’Dwyer in Asia, in this update we cover:
EU POLICY AND REGULATION
- EU policy and regulation including latest news from Brussels on the GDPR and NISD
- GDPR and NISD: Commission President Junker has yet again affirmed the “swift adoption” of the GDPR and NISD as priorities in this open letter of 9 September to the European Parliament. Below we take a more detailed look at the recent procedural progress of these two (not-so-swift) proposals.
The latest round up of legal and regulatory developments and news on cyber security from the Datonomy blogging team at Olswang LLP.
With thanks to Datonomy’s correspondents Tom Pritchard in London and Sylvie Rousseau (Paris and Brussels) for their contributions to this week’s update.
EU policy and regulatory developments
- General Data Protection Regulation: ITProPortal and the Register are reporting that the trilogue negotiations on 14 July made “good progress” and culminated in agreement on Chapter 5 (territorial scope) and Article 3 (international transfers). The Council’s Consilium website has posted a document detailing the debrief that the Council received on 15 July, however, this document is not yet publically accessible so we cannot report on the substance of the agreed compromise. The Register’s article states that “there has been a notable push to get the GDPR onto the law books as soon as possible. Negotiators have set themselves an ambitious deadline … Continue Reading ››
Just what IS the state of play on the draft Regulation? This was the hot topic at the recent IAPP conference in Brussels. The Datonomy Team has been taking stock of progress and has produced a guide to the Top 12 issues and their practical impact for business.
Two weeks ago, members of the Datonomy Team attended the IAPP conference in Brussels. Despite the fact that the draft Regulation didn’t feature heavily on the draft agenda, it was the main topic of conversation between in house privacy counsel, regulators and private practice lawyers during the networking breaks.
As Datonomy readers will be aware, the new Commission President has tasked the new EU Commissioners who now share responsibility for the data protection portfolio with steering inter-institutional negotiations on the text to agreement by May 2015. That would mean the Regulation would take direct effect in Member States by 2017. Over recent weeks, various sources … Continue Reading ››
The EU’s ambitious plans for a radicalisation of data protection laws have suffered a serious set-back. EU justice commissioner Viviane Reding finally conceded in a speech at a meeting of EU justice and home affairs ministers in Athens last week that the draft General Data Protection Regulation will not be agreed during the current term of the EU Parliament.
The most recent delay has been caused by the EU Council of Ministers failing to reach agreement before starting negotiations with the EU Parliament and the Commission, with several Member States demanding significant changes to the proposals.
New timetables have been proposed and optimistic statements made that there will still be a new data law by the end of this year. However, the reality is that any prediction about the substance or process to agree the draft Regulation post this May’s parliamentary election season is guesswork at best. Fundamental differences remain among Member … Continue Reading ››