On February 12, 2019, the European Data Protection Board (the “EDPB”) released its work program for 2019 and 2020 (the “Work Program”). Following the EDPB’s endorsement of the Article 29 Working Party guidelines and continued guidance relating to new EU General Data Protection Regulation (“GDPR”) concepts, the EDPB plans to shift its focus to more specialized areas and technologies.
EDPB Reiterates the Need to Address Post-Brexit Data Transfers, Including BCRs
At its plenary meeting on February 13, 2019, in Brussels, the European Data Protection Board (“EDPB”) adopted an Information Note on Data Transfers under the GDPR in the Event of a No-Deal Brexit, and an Information Note on BCRs for Companies Which Have ICO as BCR Lead Supervisory Authority.
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EU Recalls Children’s Smartwatch Over Security Concerns
The European Commission has issued an EU-wide recall of the Safe-KID-One children’s smartwatch marketed by ENOX Group over concerns that the device leaves data such as location history, phone and serial numbers vulnerable to hacking and alteration. The watch is equipped with GPS, a microphone and speaker, and has a companion app that grants parents oversight of the child wearer. According to a February 1, 2019 alert posted on the EU’s recall and notification index for nonfood products, flaws in the product could permit malicious users to send commands to any Safe-KID-One watch, making it call any other number, and to communicate with the child wearing the device or locate the child through GPS. The European Commission concluded that, as a result, the device does not comply with the 1994 Radio Equipment Directive. This recall follows Germany’s November 2017 ban on smartwatches for children.
EDPB Releases Opinion on Interplay Between the Clinical Trial Regulation and the GDPR
On January 23, 2019, the European Data Protection Board (“EDPB”) released an opinion on the interplay between the European Clinical Trials Regulation (“CTR”) and the EU General Data Protection Regulation (“GDPR”) (the “Opinion”). The Opinion was requested by the European Commission Directorate-General for Health and Food Safety (“DG SANTE”).
European Commission Issues GDPR Infographic
On January 25, 2019, the European Commission (the “Commission”) issued an infographic on compliance with and enforcement and awareness of the EU General Data Protection Regulation (“GDPR”) since the GDPR took force on May 25, 2018. The infographic revealed that: Continue Reading European Commission Issues GDPR Infographic
Ten Years Strong: A Decade of Privacy and Cybersecurity Insights
In January 2019, Hunton Andrews Kurth celebrates the 10-year anniversary of our award-winning Privacy and Information Security Law Blog. Over the past decade, we have worked hard to provide timely, cutting-edge updates on the ever-evolving global privacy and cybersecurity legal landscape. Ten Years Strong: A Decade of Privacy and Cybersecurity Insights is a compilation of our blog’s top ten most read posts over the decade, and addresses some of the most transformative changes in the privacy and cybersecurity field.
Read Ten Years Strong: A Decade of Privacy and Cybersecurity Insights.
Dutch DPA Publishes 2018 Report on Data Breach Statistics
On January 29, 2019, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, the “Dutch DPA”) published a report (in Dutch) on the personal data breach notifications received in 2018 (the “Report”). The EU General Data Protection Regulation (the “GDPR”) requires data controllers to notify a personal data breach to the competent Data Protection Authority (“DPA”) within 72 hours after becoming aware of it. In the Netherlands, this breach notification requirement has been in place since January 1, 2016. However, the GDPR imposed additional requirements, including: providing certain information in a breach notification; data controllers’ mandatory obligation to notify affected individuals if the breach is likely to result in a high risk to the rights and freedoms of those individuals; companies duty to document any personal data breaches.
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European Data Protection Board Issues Privacy Shield Report
On January 22, 2019, the European Data Protection Board (“EDPB”) issued a report on the Second Annual Review of the EU-U.S. Privacy Shield (the “Report”). Although not binding on EU or U.S. authorities, the Report provides guidance to regulators in both jurisdictions regarding implementation of the Privacy Shield and highlights the EDPB’s ongoing concerns with regard to the Privacy Shield. We previously blogged about the European Commission’s report on the second annual review of the Privacy Shield, and the joint statement of the European Commission and Department of Commerce regarding the second annual review.
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Hunton Briefing Reflects on GDPR Implementation and Future Challenges
On January 16, 2019, Hunton Andrews Kurth hosted a breakfast seminar in London, entitled “GDPR: Post Implementation Review.” Bridget Treacy, Aaron Simpson and James Henderson from Hunton Andrews Kurth and Bojana Bellamy from the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth discussed some of the challenges and successes companies encountered in implementing the EU General Data Protection Regulation (the “GDPR”), and also identified key data protection challenges that lie ahead. The Hunton team was joined by Neil Paterson, Group Data Protection Coordinator of TUI Group; Miles Briggs, Data Protection Officer of TUI UK & Ireland; and Vivienne Artz, Chief Privacy Officer at Refinitiv, who provided an in-house perspective on the GDPR.
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Elizabeth Denham, UK Information Commissioner Receives Queen’s Honor
On December 29, 2018, the UK Information Commissioner’s Office announced that Elizabeth Denham, UK Information Commissioner, was awarded a CBE for her services to protecting information. Denham’s award was announced in the United Kingdom’s 2019 New Year’s Honours list. This honor reflects Denham’s achievements as the UK Information Commissioner and the enhanced leadership, visibility and impact that she has brought to the role and the Office.
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