Category Cyber Security

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Data Protection in 2016: Who was naughty and who was nice?

The Information Commissioner knows if you’ve been bad or good, so be good for goodness’ sake. With 2016 coming to an end, we review who has complied with their data protection obligations and who has found their way onto the Information Commissioner’s naughty list. The season of giving Despite it being…

EU Commission publishes findings on personal information management services

PIMS present opportunities for individuals to regain control of their own data. The European Commission has published a report (Report) of its findings from a consultation carried out on personal information management services (PIMS). What are PIMS? PIMS are a new emerging technology that generally allows users to store personal…

Privacy Shield challenged in EU courts

Privacy advocacy groups in Ireland and France have filed legal challenges calling for the Privacy Shield agreement to be annulled, shortly after it was introduced. Since Privacy Shield was adopted in July 2016, hundreds of companies have signed up to the data transfer scheme. Privacy Shield was created to replace…

Model Clauses: EU puts forward proposals for ensuring lawfulness after Schrems

Commission aims to save Model Clauses. At October’s Article 31 Committee meeting, the European Commission (Commission) presented two draft Commission Implementing Decisions (Draft Decisions). The Draft Decisions aim to “cure the illegality” of the existing adequacy decisions on standard contractual clauses (Model Clauses) and countries where the Commission has made…

Data Protection: Establishing the establishment

In a case concerning Amazon, the CJEU confirms that there is a low threshold to find an “establishment” in a member state, so that national data protection laws apply. The Court of Justice of the European Union (CJEU) has reaffirmed its previous decisions on the meaning of “establishment” in the…