Tag Archives: European Commission

Article 29 Working Party Opines on Proposed EU Data Protection Law Reform Package

Posted on March 30, 2012 by Hunton & Williams LLP

On March 23, 2012, the Article 29 Working Party (the “Working Party”) adopted an Opinion on the European Commission’s data protection law reform proposals, including the draft Regulation that is of particular importance for businesses. The Working Party’s Opinion serves as the national data protection authorities’ contribution to the legislative process before the European Parliament and the European Council.

Tags: Accountability, Article 29 Working Party, Binding Corporate Rules, Cookies, Data Controller, Data Processor, Data Protection Authority, Data Transfer, EU Data Protection Directive, EU Member States, European Commission, IP Address, Privacy By Design, Right to be Forgotten, Safe Harbor

German DPAs Issue Resolutions and Address a Wide Range of Topics at Annual Conference

Posted on March 23, 2012 by Hunton & Williams LLP

On March 22, 2012, the 83rd Conference of the German Data Protection Commissioners came to an end in Potsdam. The attendees indicated their general support for the European Commission’s proposed reform package aimed at modernizing and harmonizing data protection laws in the EU, but insist that Member States should have the authority to implement more stringent data protection measures for the area of public administration.

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Tags: Article 29 Working Party, Data Protection Authority, EU Data Protection Directive, EU Member States, European Commission, Germany, Legislation, Telecommunications

EU-U.S. Interoperability Not Ready for Prime Time

Posted on March 23, 2012 by Hunton & Williams LLP

On March 19, 2012, the European Commission hosted this year’s Safe Harbor Conference in Washington, D.C., to address the transfer of data from Europe to the United States. Although it appears the Safe Harbor framework will remain unchanged for the time being, it seems unlikely the United States will be considered adequate, or even interoperable, with the EU for purposes of cross-border data transfers.

Tags: Adequacy, Binding Corporate Rules, Cameron Kerry, Data Transfer, Department of Commerce, European Commission, Safe Harbor, Viviane Reding

American Bar Association Asks Courts to Consider Foreign Privacy Laws

Posted on February 24, 2012 by Hunton & Williams LLP

The American Bar Association’s (“ABA’s”) House of Delegates adopted a non-binding resolution urging courts to consider foreign data protection and privacy laws when resolving discovery issues. The full text of the resolution is as follows:

“RESOLVED, That the American Bar Association urges that, where possible in the context of the proceedings before them, U.S. federal, state, territorial, tribal and local courts consider and respect, as appropriate, the data protection and privacy laws of any applicable foreign sovereign, and the interests of any person who is subject to or benefits from such laws, with regard to data sought in discovery in civil litigation.”

Tags: American Bar Association, Article 29 Working Party, Cross-Border Data Flow, Data Controller, EU Data Protection Directive, European Commission, France, Litigation, Penalty

UK Ministry of Justice Opens Call for Evidence on European Commission’s Proposed Regulation and Directive

Posted on February 7, 2012 by Hunton & Williams LLP

On February 7, 2012, the UK Ministry of Justice launched its Call for Evidence on the European Commission’s proposed general data protection regulation and criminal justice data protection directive (the “Proposals”). The Ministry is looking to gain perspective and solicit feedback on how the Proposals likely would impact organizations and individuals in the UK.

Tags: Bridget Treacy, EU Data Protection Directive, European Commission, Rosemary Jay, United Kingdom

Hunton & Williams Partner Publishes Comprehensive Analysis of EU Data Protection Regulation Reform Proposal

Posted on February 6, 2012 by Hunton & Williams LLP

Christopher Kuner, partner in the Brussels office of Hunton & Williams, has published an article providing an exhaustive analysis of the European Commission’s proposed Data Protection Regulation reform package, which was released on January 25, 2012. The article, which appears in the February 6 issue of the BNA Privacy Law Watch, discusses the background and genesis of the proposal, analyzes the provisions of greatest interest to the private sector, and draws conclusions about the proposed reform package’s impact and future as it enters the EU legislative process.

Read the full text of Kuner’s article, The European Commission’s Proposed Data Protection Regulation: A Copernican Revolution in European Data Protection Law.

Tags: EU Data Protection Directive, European Commission

German DPAs Comment on Proposed EU Data Protection Law Reform

Posted on February 2, 2012 by Hunton & Williams LLP

On January 26, 2012, the German Data Protection Commissioners (“DPAs”) of the federal states Rhineland-Palatinate and Hesse held a joint press conference to present their views on the European Commission’s legislative proposal for a comprehensive reform of current EU data protection rules. The day before, the European Commission proposed replacing the existing EU Data Protection Directive 95/46/EC with a Regulation that would be directly applicable in all European Member States and therefore not require implementing legislation on the national level.

Tags: Cross-Border Data Flow, Data Controller, EU Data Protection Directive, European Commission, Germany

ICO Welcomes European Commission’s Proposed Data Protection Regulation Reforms

Posted on January 31, 2012 by Hunton & Williams LLP

On January 25, 2012, the European Commission released a data protection law reform package, including its proposed General Data Protection Regulation (the “Proposed Regulation”). The UK Information Commissioner’s Office (“ICO”) has reacted positively to the Proposed Regulation, in particular commending efforts to strengthen the rights of individuals, the recognition of important privacy concepts such as privacy by design and privacy impact assessments, and new accountability requirements to ensure organizations properly demonstrate and document their data protection safeguards and procedures.

Tags: Accountability, Christopher Graham, Data Processor, Data Protection Act, Data Transfer, EU Data Protection Directive, European Commission, Information Commissioners Office, Privacy By Design, United Kingdom

European Commission Publishes Data Protection Law Reform Package

Posted on January 25, 2012 by Hunton & Williams LLP

On January 25, 2012, the European Commission published its long-awaited legislative package to reform EU data protection rules. The package includes a regulation that covers data processing in the private sector and by public authorities and a directive covering data processing for criminal justice purposes, as well as a communication, a report on the protection of personal data processed in the framework of police and judicial cooperation, and an impact assessment with a summary.

Tags: Article 29 Working Party, EU Data Protection Directive, European Commission

Concerns over Independence of Hungary’s DPA Prompt Infringement Proceedings

Posted on January 24, 2012 by Hunton & Williams LLP

On January 17, 2012, the European Commission initiated expedited infringement proceedings against Hungary over recent changes to its Constitution which are considered incompatible with EU law. The proceedings follow a number of changes made to the Hungarian Constitution that came into effect on January 1, 2012. Of particular concern to the Commission are amendments affecting the independence of the national data protection authority. The Hungarian government has one month to comply, or face enforcement proceedings in the European Court of Justice.

Tags: Data Protection Authority, EU Data Protection Directive, European Commission, Hungary, Legislation, Penalty

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Tag Archives: European Commission

Article 29 Working Party Opines on Proposed EU Data Protection Law Reform Package

German DPAs Issue Resolutions and Address a Wide Range of Topics at Annual Conference

EU-U.S. Interoperability Not Ready for Prime Time

American Bar Association Asks Courts to Consider Foreign Privacy Laws

UK Ministry of Justice Opens Call for Evidence on European Commission’s Proposed Regulation and Directive

Hunton & Williams Partner Publishes Comprehensive Analysis of EU Data Protection Regulation Reform Proposal

German DPAs Comment on Proposed EU Data Protection Law Reform

ICO Welcomes European Commission’s Proposed Data Protection Regulation Reforms

European Commission Publishes Data Protection Law Reform Package

Concerns over Independence of Hungary’s DPA Prompt Infringement Proceedings

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