Privacy & Information Security Law Blog

On September 19, 2017, the French Data Protection Authority (“CNIL”) launched an online public consultation on two topics identified by the Article 29 Working Party (“Working Party”) in its 2017 action plan for the implementation of the EU General Data Protection Regulation (“GDPR”). These two topics are transparency and international data transfers.

On September 14, 2017, the UK Government introduced a new Data Protection Bill (the “Bill”) to Parliament. The Bill is intended to replace the UK’s existing Data Protection Act 1998 and enshrine the EU General Data Protection Regulation (the “GDPR”) into UK law once the UK has left the European Union. The GDPR allows EU Member States to enact, via national law, exemptions from the various provisions of the GDPR, which the Bill also seeks to implement.

On July 25, 2017, the French Data Protection Authority (“CNIL”) published their decision on the adoption of several amendments to its Single Authorization AU-004 regarding the processing of personal data in the context of whistleblowing schemes (the “Single Authorization”). The amendments reflect changes introduced by French law on December 9, 2016, regarding transparency, the fight against corruption and the modernization of the economy, also known as the “Sapin II Law.”

This post has been updated. 

The Belgian Privacy Commission (the “Belgian DPA”) recently released a Recommendation regarding the requirement to maintain internal records of data processing activities (the “Recommendation”) pursuant to Article 30 of the EU General Data Protection Regulation (“GDPR”).

The Recommendation aims to provide guidance to data controllers and data processors in establishing and maintaining internal records by May 25, 2018. As of that date, the internal records requirement must be complied with, and the Belgian DPA must be able to request that such records are made available to it.

As reported in BNA Privacy Law Watch, on July 1, 2017, a new law took effect in Russia allowing for administrative enforcement actions and higher fines for violations of Russia's data protection law. The law, which was enacted in February 2017, imposes higher fines on businesses and corporate executives accused of data protection violations, such as unlawful processing of personal data, processing personal data without consent, and failure of data controllers to meet data protection requirements. Whereas previously fines were limited to 300 to 10,000 rubles ($5 to $169 USD), under the new law, available fines for data protection violations range from 15,000 to 75,000 rubles ($254 to $1,269 USD) for businesses and 3,000 to 20,000 rubles ($51 to $338 USD) for corporate executives.

Recently, the Belgian Privacy Commission (the “Belgian DPA”) released a Recommendation (in French and Dutch) regarding the requirement to appoint a data protection officer (“DPO”) under the EU General Data Protection Regulation (“GDPR”).

On May 26, 2017, the Belgian Privacy Commission (the “Belgian DPA”) published its Annual Activity Report for 2016 (the “Annual Report”) highlighting its main accomplishments from the past year.

On May 24, 2017, the Bavarian Data Protection Authority (“DPA”) published a questionnaire to help companies assess their level of implementation of the EU General Data Protection Regulation (“GDPR”).  

On April 13, 2017, the North Rhine-Westphalia State Commissioner for Data Protection and Freedom of Information published an English translation of the draft Standard Data Protection Model (“SDM”). The SDM was adopted in November 2016 at the Conference of the Federal and State Data Protection Commissioners. 

On April 12, 2017, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP issued a discussion paper on Certifications, Seals and Marks under the GDPR and Their Roles as Accountability Tools and Cross-Border Data Transfer Mechanisms (the “Discussion Paper”). The Discussion Paper sets forth recommendations concerning the implementation of the EU General Data Protection Regulation’s (“GDPR’s”) provisions on the development and use of certification mechanisms. The GDPR will become effective on May 25, 2018. The EU Commission, the Article 29 Working Party, individual EU data protection authorities (“DPAs”) and other stakeholders have begun to consider the role of GDPR certifications and how to develop and implement them. CIPL’s Discussion Paper is meant as formal input to that process.

On April 4, 2017, the Article 29 Working Party (“Working Party”) adopted its draft Guidelines on Data Protection Impact Assessment and determining whether processing is “likely to result in a high risk” for the purposes of Regulation 2016/679 (the “Guidelines”). The Guidelines aim to clarify when a data protection impact assessment (“DPIA”) is required under the EU General Data Protection Regulation (“GDPR”). The Guidelines also provide criteria to Supervisory Authorities (“SAs”) to use to establish their lists of processing operations that will be subject to the DPIA requirement.

On April 5, 2017, the Article 29 Working Party (“Working Party”) adopted the final versions of its guidelines (the “Guidelines”) on the right to data portability, Data Protection Officers (“DPOs”) and Lead Supervisory Authority (“SA”), which were first published for comment in December 2016. The final publication of these revised guidelines follows the public consultation which ended in February 2017.

On March 28, 2017, the French Data Protection Authority (“CNIL”) published its Annual Activity Report for 2016 (the “Report”) and released its annual inspection program for 2017.

On March 15, 2017, the French data protection authority (the “CNIL”) published a six step methodology and tools for businesses to prepare for the EU General Data Protection Regulation (“GDPR”) that will become applicable on May 25, 2018.

Hunton & Williams LLP, in coordination with the U.S. Chamber of Commerce, recently issued a series of recommendations to enhance the effectiveness of data privacy regulators. The report, Seeking Solutions: Attributes of Effective Data Protection Authorities, identifies seven key attributes of data protection authorities (“DPAs”) that contribute to effective data protection governance. The report also explores how the level of effectiveness varies based on differences in the structure, roles and resources of a DPA.

On February 21, 2017, Sweet & Maxwell published a Guide to the General Data Protection Regulation, written by Hunton & Williams senior consultant attorney Rosemary Jay. The book was released as a companion to Data Protection Law and Practice.

On February 23, 2017, the French Data Protection Authority (“CNIL”) launched an online public consultation on three topics identified by the Article 29 Working Party (“Working Party”) in its 2017 action plan for the implementation of the EU General Data Protection Regulation (“GDPR”). The three topics are consent, profiling and data breach notification.

On February 20, 2017, the Article 29 Working Party (“Working Party”) issued a template complaint form and Rules of Procedure that clarify the role of the EU Data Protection Authorities (“DPAs”) in resolving EU-U.S. Privacy Shield-related (“Privacy Shield”) complaints.

On February 15, 2017, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP submitted two sets of formal comments to the Article 29 Working Party (the “Working Party”). CIPL commented on the Guidelines for identifying a controller or processor’s lead supervisory authority (“Lead Authority Guidelines”), and on the Guidelines on the right to data portability (“Data Portability Guidelines”). Both were adopted by the Working Party on December 13, 2016, for public consultation. 

As previously published on the Data Privacy Laws blog, Pablo A. Palazzi, partner at Buenos Aires law firm Allende & Brea, provides the following report.

Earlier this month, the Argentine Data Protection Agency (“DPA”) posted the first draft of a new data protection bill (the “Draft Bill”) on its website. Argentina’s current data protection bill was enacted in December 2000. Argentina was the first Latin American country to be recognized as an adequate country by the European Union.

On January 25, 2017, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP submitted formal comments to the Article 29 Working Party’s (“Working Party’s”) Guidelines on Data Protection Officers (DPOs) (“DPO Guidelines”) that were adopted on December 13, 2016. CIPL’s comments follow its November 2016 white paper on Ensuring the Effectiveness and Strategic Role of the Data Protection Officer under the General Data Protection Regulation, which CIPL submitted as formal initial input to the Working Party’s development of DPO implementation guidance under the EU General Data Protection Regulation (“GDPR”).

On January 16, 2017, the Article 29 Working Party (“Working Party”) published further information about its Action Plan for 2017, which sets forth the Working Party’s priorities and objectives in the context of implementation of the EU General Data Protection Regulation (“GDPR”) for the year ahead. The Action Plan closely follows earlier GDPR guidance relating to Data Portability, the appointment of Data Protection Officers and the concept of the Lead Supervisory Authority, which were published together by the Working Party on December 13, 2016.

On January 3, 2017, Bloomberg Law: Privacy and Data Security reported that Chilean legislators are soon expected to consider a new data protection law (the “Bill”) which would impose new privacy compliance standards and certain enforcement provisions on companies doing business in Chile. 

On December 15, 2016, the Article 29 Working Party (“Working Party”) issued a press release announcing its December 13, 2016, adoption and release of three sets of guidelines and FAQs on key implementation issues under the EU General Data Protection Regulation (“GDPR”):

On November 30, 2016, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP issued a white paper on The One-Stop-Shop and the Lead DPA as Co-operation Mechanisms in the GDPR (the “White Paper”). The White Paper sets forth guidance and recommendations concerning the interpretation and implementation of the GDPR’s provisions relating to the One-Stop-Shop (“OSS”) and lead DPA, which will become effective on May 25, 2018.

On November 23, 2016, Bloomberg BNA reported that the Hague Administrative Court in the Netherlands upheld a decision by the Dutch Data Protection Authority that WhatsApp was in breach of the Dutch Data Protection Act (the “Act”) on account of its alleged failure to identify a representative within the country responsible for compliance with the Act, despite the processing of personal data of Dutch WhatsApp users on Dutch smartphones. WhatsApp reportedly faces a fine of €10,000 per day up to a maximum of €1 million ...

On November 18, 2016, the Argentina Data Protection Agency (“DPA”) announced that it had issued DNPDP Disposition 60 –  a new regulation on international transfers of personal data (the “Regulation”). 

This post has been updated. 

On November 10, 2016, the Court of Appeal for Moscow’s Taginsky District upheld an August 2016 decision by the district’s lower court that LinkedIn had violated Russian data protection laws. Access to the professional networking site is now set to be blocked across Russia.

On October 20, 2016, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP hosted a side workshop at the International Conference of Data Protection & Privacy Commissioners focused on transparency and risk assessment, entitled “The Role of Risk Assessment and Transparency in Enabling Organizational Accountability in the Digital Economy.” The workshop was led by Bojana Bellamy, CIPL’s President, and featured contributions from many leaders in the field, including the UK ICO, Belgium and Hong Kong’s Privacy Commissioners, and counsel and privacy officers from several multinational companies.

On October 7, 2016, the French Digital Republic Bill (the “Bill”) was enacted after a final vote from the Senate. The Bill aligns the French legal data protection framework with the EU General Data Protection Regulation (“GDPR”) requirements before the GDPR becomes applicable in May 2018.

Earlier this month, at a meeting of the Article 31 Committee, the European Commission (“Commission”) unveiled two draft Commission Implementing Decisions that propose amendments to the existing adequacy decisions and decisions on EU Model Clauses.

On October 7, 2016, the Article 29 Working Party (the “Working Party”) published a summary of the discussions that took place at its “Fablab” workshop entitled GDPR/from concepts to operational toolbox, DIY, which took place on July 26, 2016, in Brussels.

Recently, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP, a privacy and information policy think tank based in Brussels, London and Washington, D.C., and Telefónica, one of the largest telecommunications company in the world, issued a joint white paper on Reframing Data Transparency (the “white paper”). The white paper was the outcome of a June 2016 roundtable held by the two organizations in London, in which senior business leaders, Data Privacy Officers, lawyers and academics discussed the importance of user-centric transparency to the data driven economy.

In September, the Centre for Information Policy Leadership (“CIPL”) held its second GDPR Workshop in Paris as part of its two-year GDPR Implementation Project. The purpose of the project is to provide a forum for stakeholders to promote EU-wide consistency in implementing the GDPR, encourage forward-thinking and future-proof interpretations of key GDPR provisions, develop and share relevant best practices, and foster a culture of trust and collaboration between regulators and industry.  

On September 27, 2016, the French Data Protection Authority (“CNIL”) announced the adoption of two new decisions, Single Authorizations AU-052 and AU-053, that will now cover all biometric access control systems in the workplace. These two new decisions repeal and replace the previous biometric decisions adopted by the CNIL and lay down the CNIL’s new position on biometric systems used to control access to the premises, software applications and/or devices in the workplace.  

On September 23, 2016, the French Data Protection Authority ("CNIL") published the results of the Internet sweep on connected devices. The sweep was conducted in May 2016 to assess the quality of the information provided to users of connected devices, the level of security of the data flows and the degree of user empowerment (e.g., user’s consent and ability to exercise data protection rights).

On September 16, 2016, the Belgian Data Protection Authority (the “Privacy Commission”) published a 13-step guidance document (in French and Dutch) to help organizations prepare for the EU General Data Protection Regulation (“GDPR”).

The 13 steps recommended by the Privacy Commission are summarized below.

On July 20, 2016, the French Data Protection Authority (“CNIL”) announced that it issued a formal notice to Microsoft Corporation (“Microsoft”) about Windows 10, ordering Microsoft to comply with the French Data Protection Act within three months.

Background

Following the launch of Microsoft’s new operation system, Windows 10, in July 2015, the CNIL was alerted by the media and political parties that Microsoft could collect excessive personal data via Windows 10. A group composed of several EU data protection authorities was created within the Article 29 Working Party to examine the issue and conduct investigations in their relevant EU Member States. The CNIL initiated its investigation and carried out seven online inspections in April and June 2016. The CNIL also questioned Microsoft on certain points of its privacy statement.

On July 12, 2016, the EU Commissioner for Justice, Consumers and Gender Equality, Věra Jourová, and U.S. Secretary of Commerce Penny Pritzker announced the formal adoption of the EU-U.S. Privacy Shield (the “Privacy Shield”) framework, composed of an Adequacy Decision and accompanying Annexes.

On July 6, 2016, the Bavarian Data Protection Authority (“DPA”) issued a short paper on video surveillance under the EU General Data Protection Regulation (“GDPR”).

This paper is part of a series of papers that the Bavarian DPA will issue periodically on specific topics of the GDPR to inform the public about what topics are being discussed within the DPA. The DPA emphasized that these papers are non-binding.

On June 30, 2016, a joint committee composed of representatives from both chambers of the French Parliament (“Joint Committee”) reached a common position on the French ‘Digital Republic’ Bill that rejects the data localization amendment previously approved by the French Senate, but significantly amends other aspects of the French Data Protection Act.

On June 22, 2016, the Bavarian Data Protection Authority (“DPA”) issued a short paper on certifications under Article 42 of the General Data Protection Regulation (“GDPR”). The GDPR will become effective on May 25, 2018.

This paper is part of a series of papers that the Bavarian DPA will be issuing periodically on specific topics of the GDPR to inform the public about what topics are being discussed within the DPA. The DPA emphasizes that these papers are non-binding.

On June 16, 2016, the French Data Protection Authority (“CNIL”) launched a public consultation on the four priority topics identified by the Article 29 Working Party (“Working Party”) in its February 2016 action plan for the implementation of the EU General Data Protection Regulation (“GDPR”).

On June 9, 2016, the Belgian Privacy Commission (the “Belgian DPA”) published its Annual Activity Report for 2015 (the “Annual Report”) highlighting its main accomplishments.

On June 13, 2016, the U.S. government expressed its wish to join the legal proceedings brought by Max Schrems concerning the validity of international data transfers under EU Standard Contractual Clauses.

Along with the U.S. government, the Irish Business and Employers Confederation and the Business Software Alliance, an industry trade group, also informed Ireland’s High Court of their desire to be added to the case as amici curiae, or "friends of the court."

On June 1, 2016, a new do-not-call list (the “BLOCTEL list”) was implemented in France. French residents who do not wish to receive marketing phone calls may register their landline or mobile phone number online at www.bloctel.gouv.fr.

On May 25, 2016, Max Schrems stated that the Irish Data Protection Commissioner (the “DPC”) is expected to bring legal proceedings before the Irish courts concerning international data transfers under EU Standard Contractual Clauses.

In an unofficial statement to the Irish press, a representative of the DPC confirmed the DPC’s intention to seek declaratory relief in the Irish High Court and to recommend that the case be referred to the Court of Justice of the European Union (“CJEU”) for a preliminary ruling.

Read our previous entry on the Schrems ruling of the CJEU.

Hunton ...

On March 16, 2016, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP co-hosted a one-day workshop in Amsterdam, Netherlands, together with the Dutch Ministry of Security and Justice, to kick off CIPL’s new long-term project on the implementation of the EU General Data Protection Regulation (“GDPR”).

On April 12, 2016, the French Data Protection Authority (“CNIL”) announced that it will participate in a coordinated online audit to analyze the impact of everyday connected devices on privacy. The audit will be coordinated by the Global Privacy Enforcement Network (“GPEN”), a global network of approximately 50 data protection authorities (“DPAs”) from around the world.

On March 24, 2016, the Grand National Assembly of Turkey approved the Law on Personal Data Protection, which is Turkey’s first comprehensive data protection legislation. The law will become effective once it is ratified by Turkey’s President and published in the Official Gazette of the Republic of Turkey.

On March 22, 2016, the UK government confirmed Elizabeth Denham as its preferred candidate to replace Christopher Graham as Information Commissioner. Subject to a pre-scrutiny hearing by the Culture, Media and Sports Select Committee and final approval from Her Majesty the Queen, Denham would begin her five-year term in mid-2016.

On March 14, 2016, the UK Information Commissioner’s Office (“ICO”) published a guide, Preparing for the General Data Protection Regulation (GDPR) – 12 Steps to Take Now. The guide, which is a high-level checklist with accompanying commentary, sets out a number of points that should inform organizations’ data privacy and governance programs ahead of the anticipated mid-2018 entry into force of the GDPR.

On March 16, 2016, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP will co-host a one-day workshop in Amsterdam, Netherlands, together with the Dutch Ministry of Security and Justice, to kick off a new long-term CIPL project on the implementation of the EU General Data Protection Regulation (“GDPR”).

On February 29, 2016, the European Commission issued the legal texts that will implement the EU-U.S. Privacy Shield. These texts include a draft adequacy decision from the European Commission, Frequently Asked Questions and a Communication summarizing the steps that have been taken in the last few years to restore trust in transatlantic data flows.

The agreement in support of the new EU-U.S. transatlantic data transfer framework, known as the EU-U.S. Privacy Shield, was reached on February 2, 2016, between the U.S. Department of Commerce and the European Commission. Once adopted, the adequacy decision will establish that the safeguards provided when transferring personal data pursuant to the new EU-U.S. Privacy Shield are equivalent to the EU data protection standards. In addition, the European Commission has stated that the new framework reflects the requirements that were set forth by the Court of Justice of the European Union (the “CJEU”) in the recent Schrems decision.

On February 24, 2016, President Obama signed the Judicial Redress Act (the “Act”) into law. The Act grants non-U.S. citizens certain rights, including a private right of action for alleged privacy violations that occur in the U.S. The Act was signed after Congress approved an amendment that limits the right to sue to only those citizens of countries which (1) permit the “transfer of personal data for commercial purposes” to the U.S., and (2) do not impose personal data transfer policies that “materially impede” U.S. national security interests.

On February 19, 2016, the French Data Protection Authority (“CNIL”) made public its new Single Authorization Decision No. 46 (“Single Authorization AU-46”). This decision relates to the data processing activities of public and private organizations with respect to the preparation, exercise and follow-up regarding disciplinary or court actions, and the enforcement of those actions.

On February 11, 2016, the Article 29 Working Party (the “Working Party”) issued a statement on the 2016 action plan for the implementation of the EU General Data Protection Regulation (the “Regulation”). The action plan outlines the priorities for the Working Party in light of the transition to a new legal framework in Europe and the introduction of the European Data Protection Board (the “EDPB”). Accompanying the statement is a document, Work Program 2016-2018, detailing the tasks of the Working Party’s subgroups during the transitional period between the adoption of the Regulation and its implementation.

On February 3, 2016, the Article 29 Working Party (the “Working Party”) issued a statement on the consequences of the ruling of the Court of Justice of the European Union (the “CJEU”) in the Schrems case invalidating the European Commission’s Safe Harbor Decision.

On February 2, 2016, a new EU-U.S. transatlantic data transfer agreement was reached. Věra Jourová, European Commissioner for Justice, Consumers and Gender Equality, presented the new agreement to the European Commission (the “Commission”) today. According to the Commission’s press release, the new agreement will be called the EU-U.S. Privacy Shield.

On February 1, 2016, Věra Jourová, European Commissioner for Justice, Consumers and Gender Equality, told the European Parliament that an agreement on a new U.S.-EU Safe Harbor agreement has not yet been reached. Jourová indicated that an agreement is close, but additional work is needed to finalize it.

On January 28, 2016, the Centre for Information Policy Leadership (“CIPL”) held a special roundtable at Hunton & Williams’ Brussels office to examine the “essential equivalence” requirement for protection of data transfers to non-EU countries set by the Court of Justice of the European Union’s (“CJEU's”) Schrems decision. The roundtable brought together leading lawyers, corporate privacy officers, legal experts, regulators and policymakers to discuss the critical issues and impact of the new “essential equivalence” requirement for global data transfers set by the CJEU, and its relevance to the current EU-U.S. negotiations of a new Safe Harbor agreement.

According to Bloomberg BNA, Paul F. Nemitz, Director for Fundamental Rights and Union Citizenship at the Directorate-General Justice of the European Commission, said at a privacy conference that he hoped a new U.S.-EU Safe Harbor agreement would be reached by the evening of Monday, February 1, 2016.

On January 13, 2016, the Russian Data Protection Authority (Roscommandzor) released its plan for audits this year to assess compliance with Russia’s data localization law, which became effective on September 1, 2015. The localization law requires companies to store the personal data of Russians in databases located in Russia. The audit plan indicates that the Roscommandzor will audit large, multinational companies doing business in numerous jurisdictions and processing the personal data of Russian citizens ...

On January 28, 2016, the Senate Judiciary Committee passed the Judicial Redress Act (the “Act”), which would give EU citizens the right to sue over certain data privacy issues in the U.S. The Act passed after an amendment was approved which would condition EU citizens’ right to sue on EU Member States (1) allowing companies to transfer personal data to the U.S. for commercial purposes and (2) having personal data transfer policies which do not materially impede the national security interests of the U.S. The vote was initially set to take place on January 21, 2016, but was delayed.

On January 21, 2016, the Israeli Law, Information and Technology Authority (“ILITA”) announced that it would postpone for the time being any review or enforcement actions on data transfers from Israel to the United States that are based on the U.S.-EU Safe Harbor framework.

On January 21, 2016, a Senate Judiciary Committee vote on the Judicial Redress Act, which would give EU citizens the right to sue over certain data privacy issues in the U.S., has reportedly been postponed. As reported by Forbes, the vote may have been delayed due to amendments to the fifth paragraph of the bill, which deals with litigation pursuant to the act. The vote was initially scheduled for today.

On January 1, 2016, a Dutch law became effective that (1) includes a general obligation for data controllers to notify the Data Protection Authority (“DPA”) of data security breaches, and (2) authorizes the DPA to impose direct fines for violations of the Data Protection Act.

On December 17, 2015, after three years of drafting and negotiations, the European Parliament and Council of the European Union reached an informal agreement on the final draft of the EU General Data Protection Regulation (the “Regulation”), which is backed by the Committee on Civil Liberties, Justice and Home Affairs.

On November 19, 2015, the French Data Protection Authority (“CNIL”) published guidance, including a set of frequently asked questions, to assist companies that are transferring personal data to the U.S. pursuant to the Safe Harbor framework.

On November 13, 2015, the French Data Protection Authority (“CNIL”) announced its decision in a case against Optical Center, imposing a fine of €50,000 on the company for violations related to the security and confidentiality of its customers’ personal data.

On November 6, 2015, the European Commission published a communication and a Q&A document addressed to the European Parliament and European Council on the transfer of personal data from the EU to the U.S. under EU Data Protection Directive 95/46/EC (the “Directive”), following the decision by the Court of Justice of the European Union invalidating the European Commission’s Safe Harbor Decision.

On Monday, October 26, 2015, EU Commissioner for Justice, Consumers and Gender Equality, Věra Jourová, gave a speech before the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (“LIBE Committee”) on the recent ruling by the Court of Justice of the European Union (the “CJEU”) that invalidated the European Commission’s Safe Harbor Decision. The EU Commissioner welcomed the Article 29 Working Party’s statement and, in particular, its support for a new Safe Harbor framework by January 31, 2016. However, the EU Commissioner called for more clarity in the meantime. Accordingly, she announced that the European Commission will soon issue an explanatory document on the consequences of the CJEU’s ruling to provide guidance for businesses on international data transfers.

On October 26, 2015, the German federal and state data protection authorities (the “German DPAs”) published a joint position paper on Safe Harbor and potential alternatives for transfers of data to the U.S. (the “Position Paper”).

On October 20, 2015, at a hearing in the Irish High Court, Irish Data Protection Commissioner Helen Dixon confirmed that she will investigate allegations made by privacy activist Max Schrems concerning Facebook’s transfer of personal data to the U.S. in reliance on Safe Harbor. Dixon welcomed the ruling of the High Court and noted that she would proceed to “investigate the substance of the complaint with all due diligence."

On October 16, 2015, the Article 29 Working Party (the “Working Party”) issued a statement on the consequences of the recent ruling of the Court of Justice of the European Union (the “CJEU”) invalidating the European Commission’s Safe Harbor Decision.

On October 14, 2015, the data protection authority (“DPA”) in the German state of Schleswig-Holstein (Unabhängiges Landeszentrum für Datenschutz) issued a position paper (the “Position Paper”) on the Safe Harbor Decision of the Court of Justice of the European Union (the “CJEU”).

On October 6, 2015, the Court of Justice of the European Union (the “CJEU”) issued its judgment in the Schrems v. Facebook case, following the Opinion of the Advocate General published on September 23, 2015. In its judgment, the CJEU concluded that:

• The national data protection authorities (“DPAs”) have the power to investigate and suspend international data transfers even where the European Commission (the “Commission”) has adopted a decision finding that a third country affords an adequate level of data protection, such as Decision 2000/520 on the adequacy of the protection provided by the Safe Harbor Privacy Principles (the “Safe Harbor Decision”).
• The Safe Harbor Decision is invalid.

On October 6 and 7, 2015, the Centre for Information Policy Leadership at Hunton & Williams LLP (“CIPL”), a global privacy policy think-tank based in Washington D.C. and London, and the Instituto Brasiliense de Direito Publico, a legal institute based in Brazil, will co-host a two-day Global Data Privacy Dialogue in Brazil, at the IDP’s conference facilities.

On October 1, 2015, the Court of Justice of the European Union (the “CJEU”) issued its judgment in Weltimmo v Nemzeti (Case C-230/14). Weltimmo, a company registered and headquartered in Slovakia, runs a website that allows property owners in Hungary to advertise their properties. The CJEU stated that, in some cases, Weltimmo had failed to delete the personal data of the advertisers upon request, and also had sent debt collectors to some advertisers despite their earlier attempts to cancel their accounts. The advertisers complained to the Hungarian Data Protection Authority (“DPA”), which investigated the matter and issued a fine of HUF 10 million (approximately 36,500 USD) against Weltimmo.

On September 23, 2015, Advocate General of the European Court of Justice Yves Bot issued his Opinion in the case of Max Schrems, which is currently pending before the Court of Justice of the European Union (the “CJEU”). In the opinion, the Advocate General provided his views concerning two key issues related to the U.S.-EU Safe Harbor Framework: (1) the powers of national data protection authorities to investigate and suspend international data transfers made under the Safe Harbor Framework and (2) the ongoing validity of the European Commission’s Safe Harbor adequacy decision (Decision 2000/520).

On August 20, 2015, the Bavarian Data Protection Authority (“DPA”) issued a press release stating that it imposed a significant fine on a data controller for failing to adequately specify the security controls protecting personal data in a data processing agreement with a data processor.

On September 2, 2015, the French Data Protection Authority (“CNIL”) published the results of an Internet sweep of 54 websites visited by children and teenagers. The sweep was conducted in May 2015 to assess whether websites that are directed toward, frequently used by or popular among children comply with French data protection law. As we previously reported, the sweep was coordinated by the Global Privacy Enforcement Network (“GPEN”), a global network of approximately 50 data protection authorities (“DPAs”). The CNIL and 28 other DPAs that are members of the GPEN participated in the coordinated online audit. A total of 1,494 websites and apps were audited around the world.

On August 14 and August 26, 2015, the Conference of the Data Protection Commissioners of the Federal Government and the Federal States (Länder) issued a detailed position paper (“Position Paper”) and a press release on the main issues for the trilogue negotiations on the proposed EU General Data Protection Regulation (the “Regulation”). In the Position Paper and press release, the participating German Data Protection Commissioners (“German DPAs”) request the trilogue partners to focus on the following issues:

On July 30, 2015, the Bavarian Data Protection Authority (“DPA”) issued a press release stating that it imposed a significant fine on both the seller and purchaser in an asset deal for unlawfully transferring customer personal data as part of the deal.

The Council of the European Union has agreed on a general approach to the proposed EU General Data Protection Regulation (the “Regulation”). This marks a significant step forward in the legislative process, and the Council’s text will form the basis of its “trilogue” negotiations with the European Parliament and the European Commission. The aim of the trilogue process is to achieve agreement on a final text of the Regulation by the end of 2015. The first trilogue meeting is expected to take place on June 24, 2015.

On June 11 and 12, 2015, Asia Pacific Privacy Authority (“APPA”) members, invited observers and guest speakers from the government, private sector, academia and civil society, met in Hong Kong to discuss privacy law and policy issues at the 43rd APPA Forum. At the end of the open session on day two, APPA issued its customary communiqué, setting forth the highlights of the discussions of the open and closed sessions. The Hong Kong Privacy Commissioner, who hosted the APPA meeting, also hosted a conference on big data and privacy on June 10.

On May 22, 2015, the Article 29 Working Party published an update to its explanatory document regarding the use of Binding Corporate Rules (“BCRs”) by data processors (“WP204”). The original explanatory document was published on April 19, 2013 and identified two scenarios in which a non-EU processor, processing personal data received under BCRs, should notify the controller and the relevant data protection authorities (“DPAs”) in the event of a legally binding request for the personal data.

On May 29, 2015, Article 29 Working Party Chairwoman Isabelle Falque-Pierrotin sent a letter to APEC Data Privacy Subgroup (“DPS”) Chair Danièle Chatelois, expressing the Working Party’s continued support for the collaboration between the two groups.

On June 1, 2015, the Group of the European People’s Party in the European Parliament released an updated timetable for agreeing on the proposed EU General Data Protection Regulation (the “Regulation”). The European Commission, European Parliament and the Council of the European Union will soon enter multilateral negotiations, known as the “trilogue,” to agree on the final text of the proposed Regulation.

On May 26, 2015, the Upper House of the Dutch Parliament passed a bill that introduces a general obligation for data controllers to notify the Dutch Data Protection Authority (“DPA”) of data security breaches and provides increased sanctions for violations of the Dutch Data Protection Act. A Dutch Royal Decree still needs to be adopted to set the new law’s date of entry into force. According to the Dutch DPA, the new law is likely to come into force on January 1, 2016.

On May 25, 2015, the French Data Protection Authority (“CNIL”) released its long-awaited annual inspection program for 2015. Under French data protection law, the CNIL may conduct four types of inspections: (1) on-site inspections (i.e., the CNIL may visit a company’s facilities and access anything that stores personal data); (2) document reviews (i.e., the CNIL may require an entity to send documents or files upon written request); (3) hearings (i.e., the CNIL may summon representatives of organizations to appear for questioning and provide other necessary information); and (4) since March 2014, online inspections.

On May 13, 2015, the Belgian Data Protection Authority (the “DPA”) published a recommendation addressing the use of social plug-ins associated with Facebook and its services (the “Recommendation”). The Recommendation stems from the recent discussions between the DPA and Facebook regarding Facebook’s privacy policy and the tracking of individuals’ Internet activities.

On May 11, 2015, the French Data Protection Authority (“CNIL”) and the UK Information Commissioner’s Office (”ICO”) announced that they will participate in a coordinated online audit to assess whether websites and apps that are directed toward children, and those that are frequently used by or popular among children, comply with global privacy laws. The audit will be coordinated by the Global Privacy Enforcement Network (“GPEN”), a global network of approximately 50 data protection authorities (“DPAs”) from around the world.

On April 15, 2015, the Federal Communications Commission (“FCC”) announced that it has joined the Asia Pacific Privacy Authorities (“APPA”), the principal forum for privacy authorities in the Asia-Pacific Region. APPA members meet twice a year to discuss recent developments, issues of common interest and cooperation. The FCC now joins the Federal Trade Commission as the U.S. representatives to APPA.

On April 16, 2015, the French Data Protection Authority (the “CNIL”) published its Annual Activity Report for 2014 (the “Report”) highlighting its main accomplishments in 2014 and outlining some of the topics it will consider further in 2015.

On April 14, 2015, the American Chamber of Commerce in China (“AmCham”) published a report, entitled Protecting Data Flows in the US-China Bilateral Investment Treaty (the “Report”). The Report is part of AmCham’s Policy Spotlight Series. While in principle addressed to the U.S. and Chinese teams that are currently negotiating the Bilateral Investment Treaty, the Report has been made public. It thereby provides insight into the emerging issue of data localization for the benefit of a much wider audience.

On March 26, 2015 the United Nations Human Rights Council (the “Council”) announced that it will appoint a new position as special rapporteur on the right to privacy for a term of three years. The position, which is part of the Council’s resolution, is intended to reaffirm the right to privacy and the right to the protection of the law against any interference on a person’s privacy, family, home or correspondences, as set out in Article 12 of the Universal Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights.

On March 9, 2015, the Federal Trade Commission announced that it has entered into a Memorandum of Understanding (the “Memorandum”) with the Dutch Data Protection Authority (the “Dutch DPA”).

On February 3, 2015, the Article 29 Working Party (“Working Party”) published a report on a sweep of 478 websites across eight EU Member States (Czech Republic, Denmark, France, Greece, the Netherlands, Slovenia, Spain and the United Kingdom). The sweep was conducted to assess compliance with Article 5.3 of the e-Privacy Directive 2002/58/EC, as amended by 2009/136/EC.

On February 12, 2015, the Office of the Privacy Commissioner of Canada released a research report entitled Privacy and Cyber Security - Emphasizing privacy protection in cyber security activities (the “Report”). The Report explores the interconnected relationship among cybersecurity, privacy and data protection, including common interests and challenges.