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?

On 1 November 2018, Hong Kong’s Securities and Futures Commission (“SFC”) issued a statement and circular that expanded its regulatory reach over virtual asset activities. Previously, the SFC’s position was that any activities related to virtual assets (e.g. cryptocurrencies, assetbacked tokens, virtual commodities, etc.) would only be subject to the Securities and Futures Ordinance (Cap. 571) if Continue Reading Hong Kong: Tightening the Reins on Cryptocurrency

A political agreement was reached between the European Parliament, the Council of the European Union (EU) and the European Commission on the EU Cybersecurity Act (Act) and announced on December 10, 2018. The pace of the adoption of the Act (with less than three months of discussions among the EU institutions) confirms that cybersecurity is high on the EU political agenda. Continue Reading The EU Cybersecurity Act is (Almost) There

Although the EU General Data Protection Regulation (the “GDPR”) entered into force on 25 May 2018, and the obligations under the GDPR have since taken effect, there remain significant uncertainties as regards enforcement. In particular, the application of the GDPR’s fining provisions – arguably the key concern for companies commercially – raises several issues, Continue Reading GDPR Fines – Lessons from Competition Law

On 13 November 2018, the Court of Justice of the European Union (CJEU) ruled that the taste of a food product could not be classified as a ”work” within the meaning of Directive 2001/29/EC and that national member state legislation could not be interpreted differently (Case C-310/17). While the CJEU did not deny the copyrightability of tastes in principle, it Continue Reading Court of Justice of the EU: No Copyright Protection for the Taste of Food – For Now

On 21 November 2018, the data protection authority of Baden-Württemberg, Germany (the “authority”) imposed a fine of EUR 20,000 against a German social media provider (the “company”) for failing to encrypt user passwords. The authority’s decision marks the first time that a fine was imposed on a company for violating the European General Data Protection Regulation Continue Reading Data Protection Authority Imposes First GDPR Non-Compliance Fine in Germany

On 7 November 2018, the data protection authority of the Free State of Bavaria, Germany, issued a press release that, now that the European General Data Protection Regulation (GDPR) has been in effect for six months, the authority will intensify its GDPR compliance monitoring. The Bavarian data protection authority is responsible for monitoring GDPR compliance in the state of Continue Reading Data Protection Authority of Bavaria, Germany, Intensifies GDPR Compliance Monitoring