Data Protection Authority

On December 20, 2018, the French data protection authority (the “CNIL”) announced that it levied a €400,000 fine on Uber France SAS, the French establishment of Uber B.V. and Uber Technologies Inc., for failure to implement some basic security measures that made possible the 2016 Uber data breach. Continue Reading CNIL Fines Uber for Data Security Failure Related to 2016 Data Breach

On December 19, 2018, the European Commission (the “Commission”) issued a press release regarding the publication of the Commission’s second annual review of the functioning of the EU-U.S. Privacy Shield (the “Report”).

Continue Reading Commission Publishes Report on the Second Annual Review of the Functioning of the EU-U.S. Privacy Shield

On December 13, 2018, the Dutch Data Protection Authority (“Autoriteit Persoonsgegevens”) (the “Dutch DPA”) published a report on the complaints it has received since the EU General Data Protection Regulation (“GDPR”) became applicable on May 25, 2018 (the “Report”). The GDPR gives data subjects the right to lodge a complaint with the relevant national supervisory authority when they believe that their personal data is processed in a way violative of the GDPR (see article 77 of the GDPR).

View the Report and the press release (in Dutch).

Continue Reading Dutch DPA Publishes Post-GDPR Complaints Report

EU data protection authorities (“DPAs”) are proving their willingness as enforcers with respect to the GDPR, not just with regard to the most serious acts of non-compliance but also for errors of a more administrative nature. Under the previous regime, DPAs typically required companies to register their processing activities with the regulator, but the GDPR now permits organizations to maintain data processing inventories internally, only showing them to DPAs when there is a particular need to do so. In the UK, the Information Commissioner’s Office (“ICO”) introduced a requirement for organizations to pay a “data protection fee,” which data controllers falling under the ICO’s scope must pay once a year. Those companies that fail to pay the fee risk incurring a fine of up to £4,350 each.

Continue Reading ICO Notifies More Than 900 Organizations of Failure to Pay Required Data Protection Fee

The Agency of Access to Public Information (Agencia de Acceso a la Información Pública) (“AAIP”) has approved a set of guidelines for binding corporate rules (“BCRs”), a mechanism that multinational companies may use in cross-border data transfers to affiliates in countries with inadequate data protection regimes under the AAIP.

Continue Reading Argentina DPA Issues Guidelines on Binding Corporate Rules

On November 29, 2018, the French Data Protection Authority (the “CNIL”) launched an online public consultation regarding two new CNIL draft standards (“Referentials”) concerning the processing of personal data to manage (1) business activities and (2) unpaid invoicesContinue Reading CNIL Launches Public Consultation on Draft Standards on Data Processing for Managing Business Activities and Unpaid Invoices

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