Yesterday the ICO published its much anticipated guidance on consent under the GDPR for public consultation. This is a key practical area of compliance for all businesses. The new test for consent under the GDPR is higher than under the current rules and the penalties for failing to obtain valid consent potentially much harsher; organisations will need to review their data collection notices and opt ins and potentially make changes to websites and apps to ensure they are compliant by May 2018. The guidance sits alongside the ICO's Overview of the GDPR and explains its recommended approach to compliance and what counts as valid consent. On the tricky issue of verifiable parental consent to children's use of social media, the ICO has promised further guidance at a later date. The consultation will run from now until 31 March 2017, and any comments on the guidelines should be sent … Continue Reading ››
As Max Schrems continues to do battle over Model Clauses in the Irish High Court, the Article 29 Working Party (WP29) has this week issued guidance surrounding EU-US Privacy Shield (Privacy Shield) related complaints. The guidance will be of note to any EU citizen wishing to complain about the handling of their personal data that has been transferred from the EU to one of the, as of 24 February, 1724 Privacy Shield registered organisations. It encompasses a template complaint form and Rules of Procedure and should provide parties concerned with all the information necessary to notify a breach under the 6 month old framework. The Rules of Procedure provide guidance on how an "Informal Panel of EU DPAs" (Panel) will operate in advising US organisations following a complaint. The Panel will aim to provide guidance within 60 days after receiving a complaint form. The complaint … Continue Reading ››
With the GDPR on the horizon, the EU is now overhauling and expanding the reach of the more specific privacy rules which relate to direct marketing, cookies and other forms of online monitoring. The ability of social media and messaging services to track users is one of many areas touched on in the European Commission's newly proposed ePrivacy Regulation, which was officially unveiled last week. We highlight some key impacts for the tech and media sectors, provided the proposed draft passes through the legislative process without dramatic changes. Businesses should incorporate these new requirements into their GDPR readiness planning. Why are the rules being updated?
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 ››
Just before the festive break, the Article 29 Working Party ("WP29"), the group representing national data protection regulators in the EU, issued new guidance on several key aspects of the new General Data Protection Regulation ("GDPR"). This is the first guidance of its kind issued by the WP29, and as such represents the first time the data protection authorities have revealed their thoughts on the interpretation of the GDPR. The guidance consists of three separate sets of guidelines and FAQs:
- an explanation of the role of the now mandatory Data Protection Officer ("DPO");
- a guide to the new right to data portability; and
- guidance regarding the "one stop shop" mechanism for establishing the lead data protection authority in cases of cross-border data processing.
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