Data Protection Authority

The concept of regulatory sandboxes has gained traction in the data protection community. Since the UK Information Commissioner’s Office completed its pilot program of regulatory sandboxes in September 2020, two European Data Protection Authorities have created their own sandbox initiatives following the ICO’s framework.
Continue Reading Regulatory Sandboxes are Gaining Traction with European Data Protection Authorities

On February 10, 2021, the European Data Protection Supervisor published two opinions on the European Commission’s proposals for a Digital Services Act and a Digital Markets Act. The two proposals are part of a set of measures announced in the 2020 European Strategy for Data and have two main goals: (1) creating a safer digital space in which the fundamental rights of all users of digital services are protected, and (2) establishing a level playing field to foster innovation, growth and competitiveness in the European Single Market and globally.
Continue Reading EDPS Publishes Opinion on Digital Services Act and Digital Markets Act

On February 5, 2020, the Centre for Information Policy Leadership at Hunton Andrews Kurth submitted a response to the European Commission’s public consultation on the Commission’s Proposal for a Regulation on European Data Governance. This proposal is the first set of initiatives announced under the broader European Data Strategy.
Continue Reading CIPL Submits Response to European Commission’s Proposal for a Regulation on European Data Governance

On January 28, 2021, international Data Privacy Day, the newly formed Brazilian data protection authority published its regulatory strategy for 2021-2023 and work plan for 2021-2022 (in Portuguese). This post includes an overview of both strategies, as well as details about the newly formed authority.
Continue Reading Brazilian Data Protection Authority Publishes Regulatory Strategy for 2021 – 2023

On February 4, 2021, the French Data Protection Authority announced that it sent letters and emails to approximately 300 organizations, both private and public, to remind them of the new cookie law rules and the need to audit their sites and apps to comply with those rules by March 31, 2021.
Continue Reading CNIL Calls Organizations to Audit their Sites and Apps for Cookie Compliance

On January 27, 2021, the French Data Protection Authority announced that it imposed a fine of 150,000 Euros on a data controller, and a fine of 75,000 Euros on its data processor, for failure to implement adequate security measures to protect customers’ personal data against credential stuffing attacks on the website of the data controller. The CNIL decided not to make its decisions public, thereby not disclosing the name of the companies sanctioned.
Continue Reading CNIL Fines a Data Controller and Its Processor 225,000 Euros for Security Violation in Connection with Credential Stuffing

On January 19, 2021, the UK Information Commissioner’s Office published its analysis of the application of the UK General Data Protection Regulation to transfers from UK-based firms or branches that are registered, required to be registered or otherwise regulated by the U.S. Securities and Exchange Commission.
Continue Reading ICO Confirms UK Firms May Rely on Public Interest Derogation for SEC Transfers

On January 26, 2021, BBB National Programs announced that it has been endorsed as an Accountability Agent for the APEC Cross-Border Privacy Rules and Privacy Recognition for Processors systems. This makes BBB National Programs the seventh CBPR and PRP Accountability Agent worldwide and the first ever U.S. non-profit to be approved by APEC.
Continue Reading APEC Endorses the First U.S. Non-Profit Accountability Agent

On January 18, 2021, the European Data Protection Board released draft Guidelines 01/2021 on Examples regarding Data Breach Notification. The Guidelines aim to assist data controllers in deciding how to handle data breaches, including by identifying the factors that they must take into account when conducting risk assessments to determine whether a breach must be reported to relevant supervisory authorities and/or the affected data subjects.
Continue Reading EDPB Publishes Guidelines on Examples regarding Data Breach Notification

On January 15, 2020, the European Data Protection Board and European Data Protection Supervisor adopted joint opinions on the draft Standard Contractual Clauses released by the European Commission in November 2020, both for international transfers and for controller-processor relationships within the EEA.
Continue Reading EDPB and EDPS Adopt Joint Opinions on Draft SCCs