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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 invoices.  Continue Reading CNIL Launches Public Consultation on Draft Standards on Data Processing for Managing Business Activities and Unpaid Invoices

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 October 19, 2018, European Commissioner for Justice, Consumers and Gender Equality Věra Jourová and U.S. Secretary of Commerce Wilbur Ross issued a joint statement regarding the second annual review of the EU-U.S. Privacy Shield framework, taking place in Brussels beginning October 18. The statement highlights the following: Continue Reading EU and U.S. Regulators Issue Joint Statement on the Status of the Second Annual EU-U.S. Privacy Shield Review

On September 30, 2018, the U.S., Mexico and Canada announced a new trade agreement (the “USMCA”) aimed at replacing the North American Free Trade Agreement. Notably, the USMCA’s chapter on digital trade recognizes “the economic and social benefits of protecting the personal information of users of digital trade” and will require the U.S., Canada and Mexico (the “Parties”) to each “adopt or maintain a legal framework that provides for the protection of the personal information of the users[.]” The frameworks should include key principles such as: limitations on collection, choice, data quality, purpose specification, use limitation, security safeguards, transparency, individual participation and accountability. Continue Reading APEC Cross-Border Privacy Rules Enshrined in U.S.-Mexico-Canada Trade Agreement

Recently, the French Data Protection Authority (“CNIL”) published its initial assessment of the compatibility of blockchain technology with the EU General Data Protection Regulation (GDPR) and proposed concrete solutions for organizations wishing to use blockchain technology when implementing data processing activities. Continue Reading CNIL Publishes Initial Assessment on Blockchain and GDPR

On September 26, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP submitted formal comments to the Indian Ministry of Electronics and Information Technology on the draft Indian Data Protection Bill 2018 (“Draft Bill”). Continue Reading CIPL Submits Comments on Draft Indian Data Protection Bill

On September 25, 2018, the French Data Protection Authority (the “CNIL”) published the first results of its factual assessment of the implementation of the EU General Data Protection Regulation (GDPR) in France and in Europe. When making this assessment, the CNIL first recalled the current status of the French legal framework, and provided key figures on the implementation of the GDPR from the perspective of privacy experts, private individuals and EU supervisory authorities. The CNIL then announced that it will adopt new GDPR tools in the near future. Read the full factual assessment (in French). Continue Reading CNIL Publishes Initial Assessment of GDPR Implementation

Recently, the UK Information Commissioner’s Office (“ICO”) fined credit rating agency Equifax £500,000 for failing to protect the personal data of up to 15 million UK individuals. The data was compromised during a cyber attack that occurred between May 13 and July 30, 2017, which affected 146 million customers globally. Although Equifax’s systems in the U.S. were targeted, the ICO found the credit agency’s UK arm, Equifax Ltd, failed to take appropriate steps to ensure that its parent firm, which processed this data on its behalf, had protected the information. The ICO investigation uncovered a number of serious contraventions of the UK Data Protection Act 1998 (the “DPA”), resulting in the ICO imposing on Equifax Ltd the maximum fine available. Continue Reading UK ICO Fines Equifax for 2017 Breach