Data protection authorities set out guidelines for the application of the new EU General Data Protection Regulation. The European Data Protection Board is the joint coordination body of the EU data protection authorities. The EDPB provides guidance on the application of the EU Data Protection Regulation. With the GDPR having come into force, the EDPB thus replaces the Art. 29 Data Protection Working Party which was established under the EU Data Protection Directive and other previously applicable data protection laws.
No one could accuse the EU Article 29 Working Party of not delivering as promised. Following its recently held December plenary meeting, the WP29 has released three separate guidelines with their interpretation of some key aspects of the General Data Protection Regulation, namely: data portability, data protection officers, and lead supervisory authorities. At the same time, the WP29 has confirmed its role as the “EU centralised body” for handling individual complaints under the Privacy Shield and the re-establishment of its enforcement subgroup in charge of coordinating cross-border enforcement actions. We explore the three guidelines in this post.
On 14 October, the Article 29 Working Party of EU data protection commissioners published a Working Document providing guidance on obtaining consent for cookies, some eighteen months after the effective date of the so-called “cookie consent law” which required EU websites to obtain consent from Internet users before before placing cookies on their devices. The document analyses, to some extent, the practices more commonly used by website operators to obtain the required consent, and attempts to answer the question as to what measures would “be legally compliant for a website operating across all EU Member States.”
The Article 29 working party of European data protection authorities published a roadmap listing areas of future reform of privacy legislation in the EU. “Privacy by design,” increased accountability and a reduction in administrative filing obligations are among the WP29’s proposals.