Article 29 Working Party

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

On December 12, 2017, the Article 29 Working Party (“Working Party”) published its guidelines on transparency under Regulation 2016/679 (the “Guidelines”). The Guidelines aim to provide practical guidance and clarification on the transparency obligations introduced by the EU General Data Protection Regulation (“GDPR”). The transparency obligations require controllers to provide certain information to data subjects regarding the processing of their personal data. Continue Reading Article 29 Working Party Published Guidelines on Transparency under the GDPR

Recently, the EU’s Article 29 Working Party (the “Working Party”) adopted guidelines (the “Guidance”) on the meaning of consent under the EU General Data Protection Regulation (“GDPR”). In this Guidance, the Working Party has confirmed that consent should be a reversible decision where a degree of control must remain with the data subject. The Guidance provides further detail on what is necessary to ensure that consent satisfies the requirements of the GDPR: Continue Reading Article 29 Working Party Publishes Guidance on Consent Under the GDPR

Recently, the EU’s Article 29 Working Party (”Working Party”) held a plenary meeting to discuss, among other things, the implementation of the EU General Data Protection Regulation (“GDPR”) and the EU-U.S. Privacy Shield. As well as adopting its first Joint Annual Review Report on the Privacy Shield, the Working Party has been working on a number of documents that offer review and/or guidance on the GDPR, including:

  • guidelines on (1) consent and transparency, (2) data protection certifications, and (3) derogations for personal data transfers under the GDPR;
  • updated “referentials” on adequacy and binding corporate rules for data controllers and processors; and
  • tools for cooperation between data protection authorities on data breach notifications.

Continue Reading Article 29 Working Party Meeting Sets Out State of Play on Privacy Initiatives

On December 1, 2017, 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 Automated Individual Decision-Making and Profiling (the “Guidelines”). The Guidelines were adopted by the Working Party on October 3, 2017, for public consultation. Continue Reading CIPL Submits Comments to Article 29 WP’s Proposed Guidelines on ADM and Profiling

On December 1, 2017, 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 Personal Data Breach Notification (the “Guidelines”). The Guidelines were adopted by the Working Party on October 3, 2017, for public consultation. Continue Reading CIPL Submits Comments to Article 29 WP’s Proposed Guidelines on Data Breach Notification

As we previously reported, this October, the EU Commission released its report and accompanying working document on the first annual review of the EU-U.S. Privacy Shield framework. On November 28, 2017, the Article 29 Data Protection Working Party (the “Working Party”) adopted an opinion on the review (the “Opinion”). While the Opinion notes that the Working Party “welcomes the various efforts made by US authorities to set up a comprehensive procedural framework to support the operation of the Privacy Shield,” the Opinion also identifies some remaining concerns and recommendations with respect to both the commercial and national security aspects of the Privacy Shield framework. The Opinion also indicates that, if the EU and U.S. do not, within specified time frames, adequately address the Working Party’s concerns about the Privacy Shield, the Working Party may bring legal action to challenge the Privacy Shield’s validity.

Read the full text of the Opinion.