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Data Protection Leader

Volume: 11 Issue: 10
(October 2014)


The Justice and Home Affairs Council (‘the Council’) agreed - on 10 October 2014 - on a partial general approach on Chapter IV of the General Data Protection Regulation (GDPR), which sets out the obligations of data controllers and processors. Notably, the Council recommended that controllers inform competent authorities of a data breach ‘which may result in physical, material or moral damage [...] without undue delay and where feasible, within 72 hours.’ In instances where the affected data is encrypted, the Council advised that notification would not be required. / read more

The Annual International Data Protection and Privacy Commissioners’ conference, which took place in Mauritius - on 13-16 October 2014 - released a resolution on international enforcement cooperation (‘the Resolution’), as well as resolutions on the Internet of Things, accreditation, Big Data, and privacy in the digital age. / read more

Judge Lucy H. Koh of the Northern District of California concluded - on 4 September 2014 - that plaintiffs suing Adobe Systems Inc. had standing to bring claims against Adobe arising from data breach 2013. The class action accuses of failing to protect users’ private information when hackers stole millions of credit card records. / read more


Assuming a fair amount of hard work and that the EU institutions are able to put their political skills to good use, 2015 may be the year that sees the culmination of a legal modernisation process that has been running for the best part of four years. It was in 2010 when the European Commission (‘the Commission’) formally acknowledged that the 1995 Data Protection Directive was ready for a makeover to address the privacy and data protection needs of the 21st century. Since then, stakeholders covering a whole spectrum of views have participated in a process that is approaching a decisive stage. In early 2014, the European Parliament (‘the Parliament’) came forward with a bold proposal to amend the Commission’s original draft and put the ball firmly in the Council of the EU’s court (‘the Council’). As the Council finalises its own proposal, a picture of what the new framework will look like is starting to emerge. / read more

Nina Barakzai, Group Head of Data Protection and Privacy at BSkyB, comments on her obligations, challenges and concerns as a Data Protection Officer (‘DPO’). This article forms the first in a new monthly feature for Data Protection Law & Policy, which provides an in-house perspective on privacy. / read more

It comes as a surprise to many that an agency that this year celebrated its centennial is among those most relevant to the technology industry in the US. Since 1914, the US Federal Trade Commission (‘FTC’) has used its power under Section 5 of the Federal Trade Commission Act (‘FTCA’) to regulate ‘unfair and deceptive acts or practices.’ Yaron Dori and Ani Gevorkian, Partner and Law Clerk respectively at Covington & Burling LLP, examine the development of the FTC in recent decades and the interpretation that Section 5 authorises the agency to regulate consumer privacy and data security. And in the absence of a comprehensive federal privacy or data security law in the US, and amidst a patchwork of state laws, the FTC has emerged as the leading enforcement agency in the privacy and data security realm. / read more

On 3 October 2014, the European EC (‘EC’) gave unconditional clearance for Facebook to acquire WhatsApp, a deal worth $19 billion. The EC’s decision was expected to provide a detailed consideration of the potential impact of privacy concerns in the context of a merger assessment. Some felt, and hoped, that such concerns might even be sufficient to jeopardise the deal. Richard Craig, Senior Associate at Taylor Wessing LLP, examines the decision and its ramifications on the future of privacy and competition dichotomy. / read more

Whilst technology enabling payments and transactions using smartphones and other mobile devices are well established, new regulatory developments have occurred, and more are on the horizon. Sophie Lessar, Neil Westwood and Alexander Brown, of Simmons and Simmons LLP, discuss the changing legal landscape in the payments field and assess whether a new security standard should become a mandatory requirement. / read more

Charlotte Davies, Lead Healthcare Analyst at Ovum, explains the need to effectively share digitised health information between the various providers involved in healthcare delivery, and why there is now a case for dynamic consent. / read more

A series of recent investigations and audits by national data protection regulators have confirmed that cookies are once again under the compliance spotlight. Sylvie Rousseau, Matthias Vierstraete, and Jean Louviaux of Olswang LLP, provide an overview of the cookie related regulatory activity in Europe, and urge companies to the reassess their cookie compliance in light of these developments. / read more

About Data Protection Leader:

The monthly law publication which covers all aspects of data protection and data privacy. Topics covered include data transfers and outsourcing, data localisation and retention, the EU General Data Protection Regulation (GDPR), the e-Privacy Directive, data security, marketing and behavioural advertising, consent, employee monitoring, privacy compliance, risk management, DPO responsibilities, accountability, Privacy by Design, acquisition and mergers, the Internet of Things, cloud computing and Big Data / read more

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