On October 11, 2018, the French data protection authority (the “CNIL”) announced that it adopted two referentials (i.e., guidelines) on the certification of the data protection officer (“DPO”). View the announcement (in French). As a practical matter, both referentials are intended to apply to DPOs located in France or who speak French. The referentials include: Continue Reading CNIL Adopts Referentials on DPO Certification
On October 5, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP hosted a workshop on how to implement, demonstrate and incentivize accountability under the EU General Data Protection Regulation (“GDPR”), in collaboration with AXA in Paris, France. In addition to the workshop, on October 4, 2018, CIPL hosted a Roundtable on the Role of the Data Protection Office (“DPO”) under the GDPR at Mastercard and a pre-workshop dinner at the Chanel School of Fashion, sponsored by Nymity. Continue Reading CIPL Hosts Workshop on Accountability Under the GDPR in Paris
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
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 U.S. Senate Committee on Commerce, Science, and Transportation convened a hearing on Examining Consumer Privacy Protections with representatives of major technology and communications firms to discuss approaches to protecting consumer privacy, how the U.S. might craft a federal privacy law, and companies’ experiences in implementing the EU General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”). Continue Reading Senate Commerce Committee Holds Hearing on Examining Consumer Privacy Protections
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
The Information Commissioner’s Office (“ICO”) in the UK has issued the first formal enforcement action under the EU General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018 (the “DPA”) on Canadian data analytics firm AggregateIQ Data Services Ltd. (“AIQ”). The enforcement action, in the form of an Enforcement Notice served under section 149 of the DPA, requires AIQ to “cease processing any personal data of UK or EU citizens obtained from UK political organizations or otherwise for the purposes of data analytics, political campaigning or any other advertising purposes.” Continue Reading ICO Issues First Enforcement Action Under the GDPR
On September 5, 2018, the Law of 30 July 2018 on the Protection of Natural Persons with regard to the Processing of Personal Data (the “Law”) was published in the Belgian Official Gazette.
This is the second step in adapting the Belgian legal framework to the EU GDPR after the Law of 3 December 2017 Creating the Data Protection Authority, which reformed the Belgian Data Protection Authority.
The Law is available in French and Dutch.
On August 28, 2018, plaintiffs filed a class action lawsuit against Nielsen Holdings PLC (“Nielsen”) and some of its officers and directors for making allegedly materially false and misleading statements to investors about the impact of privacy regulations and third-party business partners’ privacy policies on the company’s revenues and earnings. The case was filed in the United States District Court for the Southern District of New York. Continue Reading Plaintiffs File Class Action Lawsuit Against Nielsen Over Alleged False and Misleading Statements
On July 19, 2018, the French Data Protection Authority (“CNIL”) announced that it served a formal notice to two advertising startups headquartered in France, FIDZUP and TEEMO. Both companies collect personal data from mobile phones via software development kit (“SDK”) tools integrated into the code of their partners’ mobile apps—even when the apps are not in use—and process the data to conduct marketing campaigns on mobile phones. Continue Reading CNIL Serves Formal Notice to Marketing Companies to Obtain User’s Consent for Processing Geolocation Data for Ad Targeting