Article 29 Working Party

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 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

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 6, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP issued a white paper on GDPR Implementation in Respect of Children’s Data and Consent (the “White Paper”). The White Paper sets forth guidance and recommendations concerning the application of GDPR requirements to the processing of children’s personal data. The White Paper also highlights and addresses several issues raised by the Article 29 Working Party (the “Working Party”) with regard to children in its guidelines on consent and issues raised by the UK Information Commissioner’s Office in its Consultation on Children and the GDPR. Continue Reading CIPL Issues White Paper on GDPR Implementation in Respect of Children’s Data and Consent

On February 7, 2018, representatives of European Data Protection Authorities (“DPAs”) met in Brussels to appoint the new leader of the current Article 29 Data Protection Working Party (the “Working Party”). Andrea Jelinek, head of the Austrian DPA, was elected to the post and will replace Isabelle Falque-Pierrotin, leader of the French DPA, who has represented the Working Party over the past four years. Continue Reading Head of Austrian DPA Appointed Chair of Article 29 Working Party

On January 18, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP submitted formal comments to the Article 29 Working Party (the “Working Party”) on its updated Working Documents, which include a table with the elements and principles found in Binding Corporate Rules (“BCRs”) and Processor Binding Corporate Rules (the “Working Documents”). The Working Documents were adopted by the Working Party on October 3, 2017, for public consultation. Continue Reading CIPL Submits Comments to Article 29 WP’s Updated BCR Working Documents

On January 29, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP submitted formal comments to the Article 29 Working Party (the “Working Party”) on its Guidelines on Transparency (the “Guidelines”). The Guidelines were adopted by the Working Party on November 28, 2017, for public consultation. Continue Reading CIPL Submits Comments to Article 29 WP’s Proposed Guidelines on Transparency

On January 29, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP submitted formal comments to the Article 29 Working Party (the “Working Party”) on its Guidelines on Consent (the “Guidelines”). The Guidelines were adopted by the Working Party on November 28, 2017, for public consultation. Continue Reading CIPL Submits Comments to Article 29 WP’s Proposed Guidelines on Consent

What were the hottest privacy and cybersecurity topics for 2017? Our posts on the EU General Data Protection Regulation (“GDPR”), EU-U.S. Privacy Shield, and the U.S. executive order on cybersecurity led the way in 2017. Read our top 10 posts of the year. Continue Reading Privacy and Information Security Law Blog’s Top 10 Posts of 2017

On December 18, 2017, the French data protection authority (“CNIL”) publicly announced that it served a formal notice to WhatsApp regarding the sharing of WhatsApp users’ data with Facebook Inc. (“Facebook”). This decision, dated November 27, 2017, follows the CNIL’s investigations regarding Facebook’s 2014 acquisition of WhatsApp. In 2016, WhatsApp updated its Terms of Service and Privacy Policy to reflect the sharing of information with Facebook. Following this update, the Article 29 Working Party (“Working Party”) requested explanations from WhatsApp on its data processing practices and data sharing, and asked the company to stop sharing data for targeted advertising purposes. The Working Party also gave a mandate to its subgroup in charge of the cooperation on investigations and sanctions to coordinate actions of the relevant national data protection authorities. It is in that context that the CNIL started its investigation of WhatsApp’s data processing practices. Continue Reading The CNIL Serves Formal Notice to WhatsApp Regarding Sharing Data with Facebook