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.
500 German companies will be asked in the coming weeks by 10 German data protection authorities to complete an extensive and detailed questionnaire about their transfers of personal data to third countries. Companies must indicate how they ensure an adequate level of data protection for such data transfers. The questionnaire also covers the use of cloud services provided by U.S. entities. The enquiry and the questionnaire (but not the list of targeted companies) were published by the German DPAs on 3 November 2016.
The EU’s Article 29 Working Party issued a statement today on the recent Schrems decision invalidating the adequacy of the EU-U.S. Safe Harbor framework, emphasizing that affected businesses should start to put in place legal and technical solutions in a timely manner to meet EU data protection standards. The statement gave a January 2016 deadline for companies to come into compliance with the ruling, at which point EU data protection authorities would be “committed to take all necessary and appropriate actions, which may include coordinated enforcement actions.” In response, we publish here a high-level analysis of the possible options available for companies—including the EU Standard Contractual Clauses, Intra-Group Agreements and other ad-hoc contracts, Binding Corporate Rules, Safe Harbor 2.0, and consent—and the pros and cons of choosing each one.
On 6 October 2015, the Court of Justice of the European Union declared the EU-US Safe Harbor framework invalid as a mechanism to legitimize transfers of personal data from the EU to the US. This decision effectively leaves any organisation that relied on Safe Harbor exposed to claims that such data transfers are unlawful. In this post, we outline the effects of the decision and a suggested plan of action, and include details for a webinar we will be hosting on Wednesday, 7 October to discuss the next steps that organisations should take.
The Conference of the German Federal and State Data Protection Authorities during its last meeting on 8 and 9 October adopted the resolution “Data Protection in the Car”. The resolution expresses a concern about what it describes as privacy risks involved in the growing collection and processing of personal data in cars, and the interests of various actors (car manufacturers, service providers, insurance companies, employers) in using those data.
In a new turn to the Maximilian Schrems case in Ireland, the Irish High Court on 18 June 2014 decided to refer several questions to the European Court of Justice, including whether national data protection authorities in Europe may disregard the Safe Harbor decision of the European Commission when assessing whether the U.S. recipient of data ensures an adequate level of data protection required under EU law. Depending on the outcome of the case, European and U.S. companies may not be able to rely on Safe Harbor to legitimise cross-border data transfers in the future.
The EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (“LIBE”) voted on Monday to adopt its report on the draft General Data Protection Regulation and the separate Directive for the law enforcement sector. This vote sets out the Parliament’s position for its negotiations with the Council and Commission (known as the “trialogue” stage). The Committee aims to have a plenary Parliamentary vote in March before the Parliamentary elections.
According to reports by the German business newspaper Handelsblatt, the German data protection commissioners have sent a letter to the German chancellor Angela Merkel, asking her to push the European Union to suspend the U.S. – EU Safe Harbor regime because of the recently disclosed NSA activities. This letter dates from July 23 and is signed […]
Under a new regulation on the notification of personal data breaches, providers of publicly available electronic communication services must provide notices to authorities of breaches within 24 hours. If the provider lacks full information about the data breach, a preliminary notice is required, with a subsequent notification within 3 days after the initial notification. The subscribers […]
The Article 29 Working Party on 6 June 2012 adopted Working Paper WP 195 as a new “toolbox” with recommendations for Binding Corporate Rules (BCRs) for data processors.
The German data protection authorities on September 26, 2011 adopted an “Orientation guide – cloud computing.” The guide sets out mandatory and recommended content for any agreement between German users of cloud computing services and cloud computing serving providers. It highlights the customer’s responsibility for full compliance with German data protection requirements for the cloud. Based on this orientation guide, customers and providers will have to review existing agreements in the German market.
The German Federal Court of Labor ruled on 23 March 2011 that an internal data protection officer’s appointment may not be validly terminated because the employer wants to transfer this function to a service provider as external data protection officer.
With decision of 31 January 2011 (2011/61/EU), Israel has now formally been recognized by the European Commission as a country which provides an adequate level of protection of personal data, permitting cross-border transfers.