There is a lot of uncertainty as to when the Brazilian Data Protection Law (No. 13,709 – “LGPD”) will come into force. Such uncertainly has been significantly increased due to the current scenario of Covid-19. However, data protection compliance projects should not be postponed or implemented superficially, especially considering (i) their direct impact in a company’s reputation towards its employees, suppliers, partners and customers and (ii) their relevance in business relations outside of Brazil, since several countries
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Brexit is finally here. The United Kingdom leaves the European Union on 31 January 2020. The EU and the UK will now enter a transition period which is scheduled to last until 31 December 2020. During this time, the UK will continue to abide by the EU laws, be subject to the rulings of EU courts, and contribute to the EU budget. Hence, the status quo will essentially remain unchanged during the transition period. The aim of the transition period is to provide enough time for the final wave of negotiations between the UK and EU to
Continue Reading Brexit – What Does it Mean for Businesses from an IP, Tech and Privacy Perspective?

On 1 October 2019, the Court of Justice of the European Union (CJEU) ruled on a number of questions which, inter alia, relate to the validity of consent to cookies “by way of a pre-checked checkbox” (Case C 673/17). Although the questions referred to the CJEU primarily related to provisions of the Privacy and Electronic Communications Directive (2002/58/EG), the CJEU stated that the questions  must be answered also in regard to the EU General Data Protection Regulation (GDPR).
Continue Reading Court of Justice of the EU: A “Pre-Checked Checkbox” Is Not Valid Consent to Cookies under the GDPR

According to recent press reports, the German data protection authorities have agreed on a new way to calculate administrative fines under the General Data Protection Regulation (“GDPR”). The new scoring model, which has not yet been officially published, could make fines of tens of millions of euros a reality in Germany. In contrast to their French and UK counterparts, Germany’s data protection authorities have so far been more restrictive in imposing GDPR fines.
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On 2 January 2018, the Standardization Administration of China (“SAC”) released the final draft of “Information Technology – Personal Information Security Specification” (National Standard GB/T 35273-2017) (GB/T 35273-2017 信息安全技 术个人信息安全规范) (“Specification”). The Specification came into effect on 1 May 2018. The Specification sets out the recommended practices on personal information protection. Although the Specification is not legally binding, compliance is expected by the PRC authorities and may be taken into account when assessing a company’s compliance with related laws (e.g. China’s Cybersecurity Law).
Continue Reading Safe As Houses – The PRC Issues Revised Draft of the Personal Information Security Specification

In its second statement of intent of the week, on 9 July 2019, the UK’s Information Commissioner’s Office (“ICO”) announced its intention to fine Marriott International, Inc (“Marriott”) £99.2m under the General Data Protection Regulation (“GDPR”) for a personal data breach that occurred in relation to the Starwood guest reservation database system.
Continue Reading UK ICO Intends to Fine Marriott over £99m for Personal Data Breach under the GDPR

The UK’s Information Commissioner’s Office (“ICO”) today (8 July 2019) announced its intention to fine British Airways (“BA”) £183.39m under the General Data Protection Regulation (“GDPR”) for a personal data breach. This is the highest fine issued so far by a European Union data protection supervisory authority for a personal data breach under the GDPR.
Continue Reading British Airways Fined over £183m for Personal Data Breach Under the GDPR

On 21 March 2019, Advocate General (AG) Maciej Szpunar delivered his opinion on a number of questions which, inter alia, relate to the validity of consent to cookies “by way of a pre-checked checkbox” (Case C 673/17). While the questions referred to the Court of Justice of the European Union (CJEU) primarily related to provisions of the Privacy and Electronic Communications Directive (2002/58/EG), the AG stated that the principles established in his opinion were equally valid for the EU General Data Protection Regulation (GDPR).
Continue Reading CJEU Advocate General Opinion: A “Pre-Checked Checkbox” Is Not Valid Consent to Cookies under the GDPR

On 13 February 2019, the data protection officer for the German state of Baden-Wuerttemberg published a guideline on password security under the EU General Data Protection Regulation (GDPR). The guideline aims to advise data controllers (e.g., service providers, administrators) on how to set up effective password policies and securely store passwords, and data subjects (users) on how to choose secure passwords.
Continue Reading German Data Protection Authority Publishes Guideline on GDPR Requirements for Passwords

According to recent press reports, since the EU General Data protection Regulation (GDPR) came into force in May 2018, German data protection authorities have issued 41 GDPR-related fines. The highest fine in a single case is reported to have been EUR 80,000, and the majority of fines (33) originated from the state of North-Rhine Westphalia.
Continue Reading 41 GDPR Fines Issued by German Data Protection Authorities