Summary The Irish High Court has made a preliminary reference to the Court of Justice of the European Union (“CJEU”), asking whether standard data protection clauses (“standard clauses”) are compatible with the legal rights of data subjects under EU law. Standard clauses are currently used as an appropriate safeguard to facilitate the transfer of personal data outside of the European Economic Area (the “EEA”). The reference to the CJEU comes despite previous decisions from the European Commission (the “Commission”) that have approved their use. It is worth noting that the reference does not invalidate the use of standard clauses for the moment. However, a judgment from the CJEU that does so would have implications for billions of euros worth of trade between the EU and the rest of the world. If the CJEU decides to render the use of standard clauses invalid, this would leave extremely limited scope for compliant data transfers … 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?
‘If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself'. James Madison, 1788 (highlighted in the AG's opinion) Enabling a government to control the governed, whilst obliging it to control itself, is the dilemma with which the European Court of Justice (ECJ) has been faced in its preliminary ruling on the appeal decisions of Tele2 and Watson. In today's ruling against the UK Government, the ECJ has clarified that national governments need to respect EU standards on data retention in their domestic legislation. The ruling is a potentially embarrassing setback for Theresa May, as … 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
Last week, as part of Olswang's GDPR readiness and Talking Retail webinar series', lawyers from the firm's data protection and retail sector teams hosted a webinar looking at the implications of the GDPR on the use of data by the retail industry during an online transaction. In this session our speakers looked at the following:
- Targeted and non-targeted advertising
- Privacy policies
- Processing customer payment details
- Post purchase analysis
- Data breaches
- GDPR implementation
- Sven Schonhofen, an associate in the Commercial Team of the Munich office. He specializes in advising clients in all areas of IT law, in particular on data protection law.
- Emily Dorotheou, an associate in the Commercial Team who has experience of working on procurement, technology and logistics contracts for a variety of retail and technology clients.
On 14 July 2016, the US Court of Appeals for the Second Circuit ruled that Microsoft cannot be forced by US law enforcement to hand over customer emails stored in its Ireland data centre. At stake were fundamental questions about privacy in the cloud. The decision has been hailed by the technology sector and privacy campaigners around the world as a global milestone for the advancement of laws balancing the legitimate interests of law enforcement and individuals' right to privacy. But what does a US Court decision about data on a server in Ireland mean for cloud in Asia? In this post, we look at the Court's decision and why it is good news for the whole cloud ecosystem in Asia. What was the case about? The case centred on a warrant issued by US law enforcement in a narcotics case. The warrant required Microsoft to hand over emails that were stored … Continue Reading ››
For some time before the election in May there was a convergence of quite varied interests on privacy issues, and this convergence now seems to have disappeared, or altered in a way not yet clear or visible. The public debate today is dominated by the budgetary question of the structural deficit and the cuts to public services that are required to remove or reduce the deficit. The Big Ticket privacy issues (ie the ID card and ContactPoint) were dealt with by the Coalition quite rapidly, but is that it, for the moment at least? The key connected debate is on the Smaller State and/or the Big Society. The relationship between them isn’t clear, but while the State might be on the retreat, that doesn’t mean it will be any less privacy invasive for those who still come within its ambit (most of us). There will still be plenty of reasons, for instance, … Continue Reading ››