The European Court of Justice recently published plans to issue its much awaited decision in CJEU case C-311/18 on July 16. The ruling will impact how organizations lawfully transfer personal data from the EEA to jurisdictions not providing an “adequate” level of data protection in accordance with the GDPR. The ruling will specifically address the validity of the European Commission’s standard contractual clauses and it may also affect operation of the EU-US Privacy Shield. On May 18, the European Data Protection Board published a report on its 2019 activities that may signal whether it plans to influence further development of this area.
Many companies have been struggling with GDPR implementation over the past two years, putting much effort into new roles, privacy concepts, and workflows. Now that the dust of the immediate GDPR compliance rush is settling, the first details of fines imposed under the GDPR and the number of cases pending with Data Protection Authorities (DPAs) in Europe are being made public. In Germany, DPAs are investigating a broad range of non-compliance issues and showing a tendency toward increasing their enforcement activities, to the point that we expect an announcement of increasing GDPR sanctions and fines in Germany in the near future.
In the first fine issued by a German data protection authority under the GDPR, on 21 November 2018 the authority of the German state of Baden-Württemberg (“LfDI”) imposed a fine of Euro 20,000 on a social media provider for a violation of its data security obligations under Art. 32 of the GDPR. The company’s very good cooperation with the LfDI was key to avoiding a higher level of fines.
In our previous post we outlined the key issues regarding mHealth devices and services from a privacy law perspective. Now, we go further into the details and discuss the scope of the personal data involved, especially relating to sensitive health data. We introduce the relevant statutory requirements in the EU and the legal opinions of the Article 29 Working Party and the European Data Protection Supervisor as well as having a look at the upcoming European General Data Protection Regulation. Against this legal background, one core question we will examine is whether information collected and processed by lifestyle apps and devices must be classified as health data and fall under the strict requirements of European data protection laws.
The mobile Health sector is rapidly developing and revolutionising the healthcare market. More and more consumers share information such as medical and physiological conditions, lifestyles, daily activity and geolocation via all kinds of health-related mobile applications and devices. The growing success of mHealth, however, inevitably casts a spotlight on compliance with privacy protection laws. Data protection agencies and supervisory bodies in the EU recently raised concerns about the collection, processing and use of customers’ data by mHealth apps and mobile devices. This blog introduces the key hot spots involving mHealth and data protection laws, before we dig deeper on other issues in a series of consecutive posts on this blog in the upcoming weeks.