Tag Archives: 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

EU Commission Postpones Publication of Proposal for Revised Data Protection Directive

Posted on January 12, 2012 by Hunton & Williams LLP

According to a spokesperson at the European Commission, the publication of the proposal for the review of the EU Data Protection Directive (95/46/EC) has been postponed until late February or March 2012. The draft proposal was scheduled to be officially released in late January after it was leaked in December 2011. According to various sources, the proposal received negative responses from several Directorates-General over the course of the “inter-service consultation,” some of whom have voiced their concern that the proposed new framework would be stricter than the current legal framework and thus may have a negative impact on businesses. For example, parts of the proposal, such as the right to be forgotten, are viewed by some as potentially too burdensome for companies.

Tags: EU Data Protection Directive, European Commission, Legislation, Right to be Forgotten, Viviane Reding

European Commission to Host Safe Harbor Conference on March 19 in Washington

Posted on January 4, 2012 by Hunton & Williams LLP

The U.S. Department of Commerce has confirmed that the European Commission will host this year’s Safe Harbor Conference in Washington, D.C., on March 19, 2012. The venue marks a change from the tradition of previous sessions which have taken place in the host authority’s capital city (Washington, D.C. or Brussels). The Conference will follow the release of the European Commission’s draft revisions to the EU Data Protection Directive 95/46, which are expected on or around January 25, 2012. The widely leaked draft of the proposal does not contain language pertaining to the current Safe Harbor program that exists between the United States and Europe. The European Commission and the U.S. Department of Commerce will negotiate the Safe Harbor Conference agenda over the next few weeks.

Tags: Department of Commerce, EU Data Protection Directive, European Commission, Safe Harbor

Hunton & Williams on the BCR Forefront

Posted on December 7, 2011 by Hunton & Williams LLP

Shortly before Viviane Reding, Vice-President of the European Commission and Commissioner for Justice, Fundamental Rights and Citizenship, gave her keynote address on binding corporate rules (“BCRs”) at the IAPP Europe Data Protection Congress in Paris, Hunton & Williams co-authored two articles on BCRs with the French Data Protection Authority (“CNIL”):

Tags: Binding Corporate Rules, CNIL, Data Protection Authority, Data Transfer, Emmanuelle Bartoli, European Commission, France, Olivier Proust, Viviane Reding

European Commission Drafts to Reform the EU Data Protection Framework Enter Interservice Consultation

Posted on December 6, 2011 by Hunton & Williams LLP

In early December 2011, drafts of two legal instruments prepared by DG Justice of the European Commission to reform the EU data protection framework entered interservice consultation. This process will give other Directorates-General of the Commission the opportunity to comment on the drafts before they are formally released as legislative proposals; accordingly, changes to the drafts are likely. Following this comment period, the drafts will enter the EU legislative process, which is likely to take at least two to three years before they become law. It is believed that Justice Commissioner and Commission Vice-President Viviane Reding will formally announce final versions of the drafts at an appearance at the World Economic Forum in late January 2012.

Tags: Article 29 Working Party, Binding Corporate Rules, Data Controller, Data Processor, Data Protection Authority, EU Data Protection Directive, European Commission, European Data Protection Supervisor, European Parliament, Opt-In Consent, Viviane Reding

German Data Protection Association Issues Report on “Uniform Data Protection Law in Europe through Regulation”

Posted on November 23, 2011 by Hunton & Williams LLP

On November 17, 2011, the German Association for Data Protection and Data Security (“GDD”) held its 35th Privacy Conference (“DAFTA”) in Cologne, Germany. At the opening plenary session, Paul Nemitz, Director for Fundamental Rights and Citizenship of the European Commission, announced that the European Commission plans to implement a Regulation that is directly applicable to all EU Member States, to harmonize data protection laws in Europe.

Tags: Consumer Protection, Data Protection Authority, EU Member States, European Commission, Germany

European Privacy Officers Forum Celebrates Its 10th Anniversary in Brussels

Posted on September 28, 2011 by Hunton & Williams LLP

On Tuesday, September 27, 2011, the European Privacy Officers Forum (“EPOF”) celebrated its 10th anniversary with a gala reception at the BELvue Museum in Brussels. EPOF is composed of EU-based data protection compliance officers and internal legal counsel from over 30 multinational companies and public-sector institutions who meet three times a year in Brussels to exchange ideas and to hear presentations by data protection authorities and other government representatives. The gala, which was attended by approximately 100 people, featured opening remarks from Peter Hustinx, European Data Protection Supervisor, the Honorable William E. Kennard, U.S. Ambassador to the EU, and Paul Nemitz, Director of Fundamental Rights and Citizenship of the European Commission.

Tags: Christopher Kuner, European Commission, Peter Hustinx

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Tag Archives: European Commission

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

EU Commission Postpones Publication of Proposal for Revised Data Protection Directive

European Commission to Host Safe Harbor Conference on March 19 in Washington

Hunton & Williams on the BCR Forefront

German Data Protection Association Issues Report on “Uniform Data Protection Law in Europe through Regulation”

European Privacy Officers Forum Celebrates Its 10th Anniversary in Brussels

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