On September 30, 2018, the U.S., Mexico and Canada announced a new trade agreement 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 to each “adopt or maintain a legal framework that provides for the protection of the personal information of the users.” In adopting such a framework, the USMCA directs the Parties to consider the principles and guidelines of relevant international bodies, and formally recognizes the APEC Cross-Border Privacy Rules as “a valid mechanism to facilitate cross-border information transfers while protecting personal information.”
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On September 25, 2018, the French Data Protection Authority published the first results of its factual assessment of the implementation of the EU General Data Protection Regulation 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.
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On July 31, 2018, the Supreme Court of Ireland granted Facebook, Inc.’s leave to appeal a lower court’s ruling sending a privacy case to the Court of Justice of the European Union. In granting Facebook leave to appeal, the Supreme Court noted that “[i]t is in the interest of justice” that the Court hear its arguments. The hearing will take place within the next five months.
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On July 10, 2018, the Centre for Information Policy Leadership at Hunton Andrews Kurth LLP submitted formal comments to the European Data Protection Board on its draft guidelines on certification and identifying certification criteria in accordance with Articles 42 and 43 of the GDPR. The Guidelines were adopted by the EDPB on May 25, 2018, for public consultation.
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On July 12, 2018, British Prime Minister Theresa May presented her Brexit White Paper, “The Future Relationship Between the United Kingdom and the European Union,” to Parliament. The White Paper outlines the UK’s desired future relationship with the EU post-Brexit, and includes within its scope important data protection-related issues, including digital trade, data flows, cooperation for the development of Artificial Intelligence, and the role of the Information Commissioner’s Office.
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