Category: GDPR
24. November 2016
Background information:
Due to the fact that the German Federal Data Protection Act states that companies must appoint a Data Protection Officer if at least ten persons are involved in the automated processing of personal data, companies are asked to appoint an employee as an internal Data Protection Officer or appoint an external Data Protection Officer. In general, the Data Protection Officer needs to have the necessary knowledge of data protection law and must also be reliable and independent. Furthermore, a Data Protection Officer is reliability and independency in case he/she does not have other obligations which could lead to a conflict of interest.
What happened?
A German Data Protection Authority just fined a company as it appointed an internal Data Protection Officer who was also the IT-Manager. The Data Protection Authority argued that the position of an IT-Manager is incompatible with the position of the Data Protection Officer due to the fact that the Data Protection Officer would be required to monitor himself/herself. The Data Protection Authority explained that such self-monitoring is contradictory to the required independency that is necessary.
This is a very important statement as the upcoming GDPR requires the appointment of a Data Protection Officer as well and states further that it is not allowed that any further tasks and oblgations of the Data Protection Officer result in a conflict of interests – Having in mind that a violation of this may result in fines of up to 10.000.000 EUR or up to 2 % of the total worldwide annual turnover, whichever is higher.
22. November 2016
A White Paper on Ensuring the Effectiveness and Strategic Role of the Data Protection Officer under the General Data Protection Regulation was just released by the Centre for Information Policy Leadership at Hunton & Williams LLP.
The White Paper provides guidance and recommendations in terms of the implementation requirements of the GDPR concerning the role of the Data Protection Officer, DPO.
According to the privacy and information Blog of Hunton & Williams, the mentioned White Paper aims
- “to serve as formal input to the Article 29 Working Party’s work on developing further guidance on the proper implementation of the DPO role under the GDPR, which is expected to be finalized by the end of December and
- to provide guidance for companies that must comply with the GDPR’s DPO provisions by May 25, 2018 (i.e., the date the GDPR becomes effective).”
26. October 2016
As Bloomberg reports, the Article 29 WP will provide guidance on the GDPR soon. Isabelle Falque-Pierrotin, Chairwoman of the CNIL as well as of the Article 29 WP, acknowledged that the GDPR text is ambiguous in some aspects. Therefore, these guidelines aim at serving as an operational toolbox.
Amongst others, the guidance to the GDPR shall refer to the following aspects:
- The designation of the leading Supervisory Authority in case of complaints or in relation to other procedures. Moreover, aspects of the bilateral cooperation and competence to resolve disputes by the Supervisory Authorities and the European Data Protection Board shall be clarified.
- Guidance on the figure of Data Protection Officers is one of the priorities of the Article 29 WP, as it will play an essential role in companies on achieving GDPR compliance.
- The right to data portability has been regulated for the first time in the GDPR. This right will allow data subjects to access their data and transfer data to other data controllers, for example upon the change of telephone provider. The guidance should focus on its scope and implementation.
- The standard by which the proof of consent will take place, will have to be specified. This is especially important for small and medium-sized companies, for which a “simple pedagogical tool” will be developed.
- A formal guidance on the Privacy Shield will not take place until the EU Commission has reviewed its functioning after the first year, this is summer or early fall 2017.
At the moment, the Article 29 WP remains neutral with regard to the Brexit. However, Falque-Pierrotin remarked that the Privacy Shield may be also useful in UK regarding international data flows with the U.S.A.
Further guidance is also expected in 2017, especially regarding topics such as the EU-U.S. Privacy Shield and the implication of the Brexit in privacy issues.
12. October 2016
Dell just published the results of a global survey about the GDPR perceptions and readiness. Among other findings, the main result is the lack of awareness of the requirements, the preparation and the impact:
- More than 60 % answered that they are aware that something is going on with the GDPR. However, they said that they do not know what exactly is happening.
- Just 4 % outside of Europe commented that they are very knowledgeable about the details of the GDPR. Nevertheless, only 6 % of those in Europe answered that they are very familiar with the requirements.
- On top of this, less than 1 of 3 companies feel that they are prepared for the GDPR.
- Furthermore, about 70 % said that their company is definitely not, or do not know if their company is, prepared for the GDPR today. However, only 3 % of them have a plan in order to get ready.
- Fewer than 50 % commented that they feel confident to be ready in time when the GDPR comes into effect in 2018. Nevertheless, just 9 % expect to be fully prepared.
6. October 2016
Last month, the CIPL held its second workshop in Paris as part of its two-year GDPR implementation project.
During this workshop almost 120 business delegates as well as 12 data protection authorities, four European Member State governments both the European Commission and the European Data Protection Supervisor, a non-DPA regulator and several academics and on top of all of the named above the IAPP participated in order to develop best practices and to build a bridge between authorities and economy.
This time, the workshop mainly focused both on the role of the data protection officers and on the privacy impact assessment, also called PIA.
In this context it was also announced that the Article 29 Working Party is going to release its first guidelines concerning the GDPR either before the end of the year or at the beginning of 2017. These guidelines will include advise on data portability and the role of the DPO. Furthermore, the Article 29 Working Party will also release guidance on risk, PIAs and certifications later on.
5. October 2016
The Cloud Infrastructure Services Providers in Europe, CISPE, published a Data Protection Code of Conduct for Cloud Infrastructure Service Providers.
CISPE is a relatively new accosiation including more than 20 cloud infrastructure providers that operate within Europe.
The CISPE Code of Conduct focuses on transparency and compliance with EU data protection laws. Therefore, the CISPE Code of Conduct has been designed in such a way that it will be compliant with the GDPR coming into force in May 2018. The CISPE Code of Conduct has been built on internationally recognised state-of-the-art of security measures increasing the data security for cloud customers.
In the press release, Axelle Lemaire, French Minister for Digital Affairs and Innovation, commented that “The CISPE Code of Conduct show that the European cloud computing industry is capable to provide secure and compliant services for all personal and technical data in Europe and improve trust in digital services.”
Last week, Elizabeth Denham, held her first speech as UK Information Commissioner (ICO). In this speech she referred, amongst others, to the effects of the Brexit with regard to the application of the GDPR.
Denham remarked that the GDPR involves the modernization of European Data Protection and the necessity of these new rules in order to ensure cross-border commerce and the protection of individuals. As the GDPR may be applicable before the UK has left the EU, she ensured that the ICO will keep on providing guidance and advice on the GDPR.
Furthermore, she stated that even after the UK has formally left the EU, flows of personal information will be still necessary, so that the level of data protection in the UK should be essentially equivalent to the one in the EU. Therefore, she encourages businesses to improve and adapt their practices to the GDPR.
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