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

On 12 February 2019, the European Data Protection Board (EDPB) adopted an information note “on data transfers under the GDPR in the event of a no-deal Brexit.” According to the note, as of 30 March 2019, transfers of personal data from the European Economic Area (EEA) to the UK must be based either on Standard or ad hoc Data Protection Clauses, Binding Corporate Rules, Codes of Conduct, Certification Mechanisms or Derogations.
Continue Reading EDPB Issues Note on Data Transfers to the UK in the Event of a No-Deal Brexit

On 23 January 2019, the European Commission (the “EU Commission”) authorized the free flow of personal data to Japan. This “adequacy decision,” issued jointly with a mirroring decision by the Japanese government, allows personal data to transfer between the European Union (the “EU”) and Japan freely and under strong guarantees of protection. The outcome of lengthy negotiations resulting in Japan strengthening its privacy rules to follow EU standards,
Continue Reading Free Flow of Personal Data Between the European Union and Japan Starts Now

Foi publicada hoje a Medida Provisória 869/2018, emitida ontem pelo Presidente Michel Temer. A Medida Provisória cria a Autoridade Nacional de Proteção de Dados e aumenta o prazo de vacatio legis para a entrada em vigor da Lei Geral de Proteção de Dados (“LGPD”) de 18 para 24 meses após a sua publicação, ocorrida em 15 de agosto de 2018 (alteração do artigo 65 da LGPD pela Medida Provisória 869/2018).
Continue Reading Presentes de Natal tardios: uma Autoridade Nacional de Proteção de Dados e mais tempo para se adequar à LGPD

Breaking news: the Brazilian President Michel Temer issued yesterday and had published today the so-called “Provisory Measure” No. 869/2018 (Medida Provisória, a norm issued by the President alone, usually reserved for urgent and relevant matters) to amend the New Brazilian Data Privacy Law (Lei Geral de Proteção de Dados, “LGPD”). With this measure, the President created a National Data Protection Authority and determined that the LGPD shall
Continue Reading Late Christmas Gifts from Brazil’s President: A National Data Protection Authority and 6 Additional Months to Get Compliant with Brazil’s Privacy Law

The year 2018 is coming to a close. Among other things, it has brought us a new FIFA world champion, royal weddings and some other joyful things like the EU General Data Protection Regulation (GDPR). The latter could arguably cool one’s Holiday spirit—at least in some cases. For example, reportedly, the annual wish list campaign of the City of Roth, Germany, was intitally cancelled due
Continue Reading Corporate Holiday Cards: The GDPR Nightmare Before Christmas?