Tag Archives: EU Member States

French Court of Cassation Sanctions Company for Misuse of a Geolocation Device

Posted on November 21, 2011 by Hunton & Williams LLP

On November 3, 2011, the Labor Chamber of the French Court of Cassation (the “Court”) upheld a decision against a company that unlawfully used a geolocation device to track the company car of one of its salesmen. Although the company notified the salesman that a geolocation device would be used to optimize productivity by analyzing the time he spent on business trips, the device was in fact used to monitor his working hours, which ultimately led to a pay cut.

Tags: CNIL, Data Protection Authority, Employee Monitoring, EU Member States, France, Geolocation

French Data Protection Authority Launches Public Consultation on Cloud Computing

Posted on October 17, 2011 by Hunton & Williams LLP

On October 17, 2011, the French Data Protection Authority (the “CNIL”) launched a public consultation on cloud computing (the “Consultation”). The Consultation seeks to gather opinions from stakeholders (clients, providers, consultants) regarding cloud computing services for businesses, to identify legal and technical solutions that address data protection concerns while taking into account the economic interests involved.

Tags: Cloud Computing, CNIL, Data Processor, Data Protection Authority, Data Transfer, EU Member States, France

French Data Protection Authority’s New Chair Outlines Her Agenda

Posted on October 14, 2011 by Hunton & Williams LLP

On October 10, 2011, the French Data Protection Authority (the “CNIL”) released a video of newly-elected Chairwoman Isabelle Falque-Pierrotin presenting her priorities and vision for the future of the CNIL. Ms. Falque-Pierrotin was elected as the new Chair of the CNIL on September 21, 2011.

Tags: CNIL, Data Protection Authority, EU Member States, France

French Appeals Court Suspends U.S. Company’s Whistleblower Program

Posted on October 13, 2011 by Hunton & Williams LLP

On September 23, 2011, the Labor Chamber of the Court of Appeals of Caen (the “Court”) upheld a decision to suspend a whistleblower program implemented by a U.S. company’s French affiliate, despite the fact that the French Data Protection Authority (the “CNIL”) had inspected and approved the program prior to implementation. This decision follows recent amendments to the legal framework for whistleblower programs in France.

Tags: CNIL, Data Protection Authority, Employee Monitoring, EU Member States, France, Whistleblowing

French Data Protection Authority Moves Forward with Privacy Seal Project

Posted on October 4, 2011 by Hunton & Williams LLP

On September 22, 2011, new provisions under the French Data Protection Authority’s (“CNIL’s”) internal regulation (Délibération n°2011-249 du 8 septembre 2011) came into force. The CNIL recently amended its regulations to incorporate a new chapter (Chapter IV bis) that sets forth a specific procedure for issuing privacy seals in accordance with the French Data Protection Act. The Act authorizes the CNIL to “issue a quality label to products or procedures intended to protect individuals with respect to processing of personal data, once [the CNIL] has recognized them as in compliance with the provisions of the Act.”

Tags: CNIL, Data Protection Act, Data Protection Authority, EU Member States, France

French Data Protection Authority Elects New Chair

Posted on September 21, 2011 by Hunton & Williams LLP

On September 21, 2011, the board of the French Data Protection Authority (the “CNIL”) elected Isabelle Falque-Pierrotin as its new Chair, following Alex Türk’s resignation which he officially tendered at the board meeting.

Tags: CNIL, Data Protection Authority, EU Member States, France, OECD

EU Commissioner Reding Signals Intention to Introduce Mandatory Data Breach Notification

Posted on June 21, 2011 by Hunton & Williams LLP

Speaking at the British Bankers’ Association’s Data Protection and Privacy Conference in London on June 20, 2011, Viviane Reding, Vice President of the European Commission and Commissioner for Justice, Fundamental Rights and Citizenship, signaled her intention to streamline data protection to “simplify the regulatory environment” and “substantially reduce the administrative burden” for businesses. In return, Reding expects businesses to ensure “safe and transparent digital products and services.”

Tags: Consumer Protection, E-Privacy Directive, EU Member States, European Commission, Telecommunications, United Kingdom, Viviane Reding

Article 29 Working Party Opines on Geolocation Services

Posted on May 19, 2011 by Hunton & Williams LLP

On May 16, 2011, the Article 29 Working Party (the “Working Party”) adopted an Opinion on geolocation services on smart mobile devices (the “Opinion”). The Opinion clarifies the legal framework and obligations applicable to geolocation services such as maps and navigation tools, geo-personalized services, geotagging of content on the Internet, child control and location-based advertising.

Tags: Article 29 Working Party, Data Controller, E-Privacy Directive, EU Data Protection Directive, EU Member States, Geolocation, Legislation, Opt-In Consent, Telecommunications, Wireless Network

Authorities in Austria and Switzerland Rule on Google Street View

Posted on May 3, 2011 by Hunton & Williams LLP

Austrian DPA Gives Green Light Subject to Conditions

On April 21, 2011, the Austrian Data Protection Commission (“Austrian DPA”) published its decision allowing Google to register its Google Street View application on the Austrian DPA’s data processing register. As part of the registration procedure, Google agreed to blur images of faces and license plates prior to publishing them on the Internet, and to provide information to the public about the right to object to publication of certain images. Further, the Austrian DPA required Google to: Continue reading…

Tags: Austria, EU Member States, Geolocation, Google, Legislation, Switzerland

European Commission Presents Evaluation Report on Telecommunications Data Retention

Posted on April 19, 2011 by Hunton & Williams LLP

On April 18, 2011, the European Commission (the “Commission”) adopted an Evaluation Report on the EU Data Retention Directive 2006/24/EC (the “Data Retention Directive”).

The Data Retention Directive requires that, for law enforcement purposes, telecommunications service and network providers (“Operators”) must retain certain categories of telecommunications data (excluding the content of the communication) for not less than six months and not more than two years. To date, most of the EU Member States have implemented the Data Retention Directive, but Czech Republic, Germany and Romania no longer have implementing laws in place because their constitutional courts have annulled the implementing laws as unconstitutional.

Tags: Article 29 Working Party, Consumer Protection, E-Privacy Directive, EU Member States, European Commission, Legislation, Right to Privacy, Telecommunications

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Tag Archives: EU Member States

French Court of Cassation Sanctions Company for Misuse of a Geolocation Device

French Data Protection Authority’s New Chair Outlines Her Agenda

French Appeals Court Suspends U.S. Company’s Whistleblower Program

French Data Protection Authority Moves Forward with Privacy Seal Project

French Data Protection Authority Elects New Chair

EU Commissioner Reding Signals Intention to Introduce Mandatory Data Breach Notification

Authorities in Austria and Switzerland Rule on Google Street View

European Commission Presents Evaluation Report on Telecommunications Data Retention

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