With the end of the Brexit transition period rapidly approaching and the United Kingdom (UK) poised to become a “third country” after it leaves the European Union (EU), the UK and the EU have yet to reach any “deal” on how the transfer of personal data should be dealt with starting January 1, 2021. With the negotiations deep into their final phase, the advice from regulators, including the UK’s Information Commissioner’s Office (ICO), is that organisations should be taking steps to prepare for the UK becoming a third country (for the EU data protection regime) after Brexit.
When British Airways (“BA”) suffered a significant personal data breach in September 2018, just months after the coming into force of the EU General Data Protection Regulation (“GDPR”), all eyes were on the UK’s Information Commissioner’s Office (“ICO”). Would the ICO use the UK’s flagship airline as a “poster child” for post GDPR enforcement? Was this the moment that much-hyped fines of up to 4% of global turnover come to pass? READ MORE
Whatever the outcome of Schrems 2.0, the key takeaway is, don’t panic.
Tomorrow, July 16, 2020, the European Court of Justice (CJEU) is expected to rule in the case of Data Protection Commissioner Ireland v Facebook Ireland Limited, Maximillian Schrems, colloquially known as “Schrems 2.0”.
The main ingredients haven’t changed much for this long-awaited sequel to the decision that invalidated the Safe Harbor regime in 2015: Austrian data protection activist Max Schrems, Facebook Ireland, Ltd, and another commonly used international personal data transfer mechanism on the chopping block for invalidation.
This time around the court is considering the validity of the Standard Contractual Clauses (SCC) adopted by the European Commission, which goes beyond EU-U.S. transfers and could affect most agreements governing data sharing between the EU and the rest of the world. Regardless of the outcome, tomorrow’s decision is going to have a profound impact on the way international data transfers are treated for years to come – but the key takeaway is not to panic. In this blog post, we have set out the three potential rulings open to the CJEU and what steps you can take to following such a ruling. READ MORE
Over the past few days, commentators and, in some cases, government ministers have stated that the GDPR (and by association the Data Protection Act 2018) are preventing some organisations from providing a comprehensive response to the COVID-19 crisis. READ MORE
The decision to appeal a regulatory finding is never taken lightly. By the time a regulator has completed its investigation and notified a company of its intention to fine, the company will have invested significant time and money in responding to the regulatory investigation. As such, there is a real temptation to accept the fine and the accompanying statement from the regulator and move on.
However, in the case of recent regulatory findings, fines and intentions to fine issued by the UK’s Information Commissioner’s Office (the “ICO”) against British Airways, Marriott and Dixons Carphone, all three companies have appealed or indicated an intention to appeal despite the significant difference in the levels of the fines/intentions to fine. In our view, this is related to the spectre of an emerging class action litigation culture in the UK that increases the stakes for any company facing negative regulatory findings.
In this UK-focused blog we explore the potential motivation behind these decisions to appeal, why we expect to see more companies taking this approach in the future, and the steps to be taken in order to appeal decisions by the ICO and we also consider whether the companies that have failed to appeal and are now facing class actions made the right decision when they elected not to appeal.
Chinese: GDPR 执法措施的德国生存指南—如何评估和减低违反GDPR的罚款
Since the first enforcement actions have been initiated, some with significant fines, many companies may find themselves somewhat at a loss as they may not fully know how to assess the risks involved and how to react should an enforcement action be initiated against them. Here we will give a high-level overview on risks and strategies in enforcement actions. READ MORE
At the beginning of this month, more than 4,000 privacy professionals from around the globe gathered in Washington, D.C. for the International Association of Privacy Professionals’ Global Privacy Summit 2019. The conference focused on lessons learned from the first year of GDPR enforcement in Europe, the expansion of European-style rights to more jurisdictions around the world, plans for addressing new obligations imposed by the CCPA in California, and the future of privacy law in the United States including whether federal legislature is likely or desired – especially in light of the CCPA and similar proposed legislation in states throughout the nation. READ MORE
On January 21, 2019, the French data protection supervisory authority (“CNIL”) fined Google €50 million (approximately $57 million) for violating the European General Data Protection Regulation (“GDPR”). The fine penalizes Google for failing to comply with the GDPR’s transparency and notice requirements, and for failing to properly obtain consent from users for ads personalization. This is the largest GDPR fine imposed to date and the first action against a major global tech player. The CNIL’s decision sends an important message to companies that tough enforcement actions are not just a theoretical threat. Companies should look closer at data protection compliance and particularly work on their notices and consent forms. READ MORE