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On January 10, 2017, the EU Commission adopted a proposal for a Regulation on Privacy and Electronic Communications (“ePR”). On June 8, 2018, the Council of the European Union’s Bulgarian Presidency presented a progress report (the “Report”) on the draft ePR to the Transport, Telecommunications and Energy Council. The Report reflects on the amendments presented in the May 2018 Examination of the Presidency text. The Report is split into two sections: Annex I, a progress report, and Annex II, questions for the policy debate. Continue Reading Bulgarian Presidency Presents Progress Report and Points for Debate on ePrivacy

On May 30, 2018, the European Data Protection Board (“EDPB”), replacing the Article 29 Working Party, published the final version of Guidelines 2/2018 on derogations in the context of international data transfers and draft Guidelines 1/2018 on certification under the EU General Data Protection Regulation (“GDPR”).  Continue Reading EDPB Published Guidelines on Certification and Derogations under the GDPR

On May 29, 2018, Bojana Bellamy published a letter on the importance and value of data protection officers (“DPOs”) on the International Association of Privacy Professionals’ Privacy Perspectives blog, entitled A Letter to the Unsung Hero of the GDPR (the “Letter”). The Letter acknowledges the herculean efforts and boundless commitment DPOs and those in a similar role have demonstrated in preparing their organizations for the GDPR. Continue Reading Data Protection Officers: The Unsung Heroes of the GDPR

On May 16, 2018, the Irish Data Protection Bill 2018 (the “Bill”) entered the final committee stage in Dáil Éireann (the lower house and principal chamber of the Irish legislature). The Bill was passed by the Seanad (the upper house of the legislature) at the end of March 2018. In the current stage, final statements on the Bill will be made before it is signed into law by the President. Continue Reading Irish Data Protection Bill in Final Committee Stage Before the Irish Legislature

On May 14, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP published a study on how the ePrivacy Regulation will affect the design and user experiences of digital services (the “Study”). The Study was prepared by Normally, a data product and service design studio, whom CIPL had asked for an independent expert opinion on user experience design. Continue Reading CIPL Publishes Study on How the ePrivacy Regulation will Affect the Design of Digital Services

On April 11, 2018, the Article 29 Working Party (the “Working Party”) adopted two Recommendations on the Standard Application for Approval of Data Controller or Processor Binding Corporate Rules for the Transfer of Personal Data (the “Recommendations”). Binding Corporate Rules (“BCRs”) are one of the mechanisms offered to companies to transfer data outside the European Economic Area to a country which does not provide an adequate level of protection for the data according to Article 45 of the GDPR. These Recommendations, in the form of questionnaires, are intended to help BCR applicants demonstrate how they fulfill the requirements of Article 47 of the GDPR. Continue Reading Article 29 Working Party Releases Updated Standard Application Forms for BCRs

The Belgian Privacy Commission (the “Belgian DPA”) recently released a Recommendation (in French and Dutch) on Data Protection Impact Assessment (“DPIA”) and the prior consultation requirements under Articles 35 and 36 of the EU General Data Protection Regulation (“GDPR”) (the “Recommendation”). The Recommendation aims to provide guidance on the core elements and requirements of a DPIA, the different actors involved and specific provisions. Continue Reading Belgian Privacy Commission Issues Recommendation on Data Protection Impact Assessment

On March 29, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP submitted formal comments to the Article 29 Working Party (the “Working Party”) on its draft guidelines on the accreditation of certification bodies under the GDPR (the “Guidelines”). The Guidelines were adopted by the Working Party on February 6, 2018, for public consultation. Continue Reading CIPL Submits Comments to Article 29 Working Party’s Draft Guidelines on the Accreditation of Certification Bodies under the GDPR

On March 20, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP issued a factsheet outlining relevant GDPR provisions for negotiations surrounding the proposed ePrivacy Regulation (the “Factsheet”). Continue Reading CIPL Issues Factsheet on Key Issues Relating to the Relationship Between the Proposed ePrivacy Regulation and the GDPR