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On November 23, 2018, the European Data Protection Board (“EDPB”) published its long-awaited draft guidelines on the extraterritorial application of the EU General Data Protection Regulation (“GDPR”) (the “Guidelines”). To date, there has been a degree of uncertainty for organizations regarding the scope of the GDPR’s application outside of the EU. While the Guidelines provide some clarity on this issue, questions will remain for non-EU controllers and processors. Importantly, these Guidelines are only in draft form and are open for consultation until January 18, 2019, which will give organizations an opportunity to provide comments and raise additional questions in an effort to obtain further clarification from the EDPB on these important scoping questions.

Continue Reading EDPB Publishes Guidelines on Extraterritorial Application of the GDPR

On November 6, 2018, the French Data Protection Authority (the “CNIL”) published its own guidelines on data protection impact assessments (the “Guidelines”) and a list of processing operations that require a data protection impact assessment (“DPIA”). Read the guidelines and list of processing operations (in French). Continue Reading CNIL Publishes DPIA Guidelines and List of Processing Operations Subject to DPIA

The European Data Protection Board (“EDPB”) recently published 22 Opinions on the draft lists of Supervisory Authority (“SAs”) in EU Member States regarding which processing operations are subject to the requirement of conducting a data protection impact assessment (“DPIA”) under the EU General Data Protection Regulation (“GDPR”). Continue Reading EDPB Adopts Opinions on National DPIA Lists in the EU

On July 23, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP issued two new discussion papers on the Central Role of Organizational Accountability in Data Protection. The goal of these discussion papers is to show that organizational accountability is pivotal to effective data protection and essential for the digital transformation of the economy and society, and to emphasize how its many benefits should be actively encouraged and incentivized by data protection authorities (“DPAs”), and law and policy makers around the globe. Continue Reading CIPL Issues Discussion Papers on the Central Role of Accountability in Data Protection

On July 3, 2018, a draft bill (the “Data Protection Bill”) was introduced that would establish a comprehensive data protection regime in Kenya. The Data Protection Bill would require “banks, telecommunications operators, utilities, private and public companies and individuals” to obtain data subjects’ consent before collecting and processing their personal data. The Data Protection Bill also would impose certain data security obligations related to the collection, processing and storage of data, and would place restrictions on third-party data transfers. Violations of the Data Protection Bill could result in fines up to 500,000 shillings (USD 4,960) and a five-year prison term. According to BNA Privacy Law Watch, while the Data Protection Bill is a “private member’s bill,” the Kenyan government “is working on a separate data-protection policy and bill to be published this week,” with the goal of consolidating the two proposals.

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 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