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Data Protection Leader

Volume: 14 Issue: 7
(July 2017)


News

The Spanish data protection authority (‘AEPD’) announced, on 13 July 2017, that it had instituted a data protection officer (‘DPO’) certification scheme (‘the Scheme’) in collaboration with the National Accreditation Entity (‘ENAC’) in light of the GDPR. Under the Scheme, DPO certification will be granted by agencies accredited by ENAC following criteria elaborated by the AEPD. / read more

The Cyberspace Administration of China (‘CAC’) published, on 10 July 2017, draft regulations on security requirements pertaining to critical information infrastructure (‘CII’) (‘the Draft Regulations’) for consultation. The Draft Regulations are the latest CAC rules aimed at implementing the Cybersecurity Law 2016 (‘the CSL’), which entered into force on 1 June 2017. Inter alia, the Draft Regulations expand on and clarify a number of definitions and requirements regarding CII introduced by the CSL. / read more


Features

Hidden towards the middle of the much talked-about General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’), occupying less than two pages, there is a legal measure that is likely to emerge as one of the most influential of the entire new framework. The GDPR is Europe's great white hope to preserve the right to data protection in the 21st century. It contains an array of obligations and rights that are meant to act as a protective shield while enabling the digital economy to prosper. Some of these will be more successful than others in achieving this goal, but judging by the efforts of many organisations to prepare for the new law, the role of the data protection officer (‘DPO’) is seen as the cornerstone in the strategy to achieve the best of all possible worlds: benefiting from the immense value of personal data in a lawful, responsible and sustainable way. And rightly so. / read more

In March 2017, after almost two years of preparation, the Chilean Government submitted a bill (‘the Bill’) before the Senate, which aims to significantly amend Law No. 19.628 on the Protection of Private Life 1999 (‘the Law’), increase the protection of privacy, and fulfil international data processing standards, while balancing individuals’ right to privacy with the free circulation of information. Paulina Silva, Counsel at Carey, discusses the main changes that will be introduced to the Chilean legal framework, if the Bill is passed. / read more

Reform of data protection legislation is happening across the globe and Israel is not going to be left behind. Recently, Israel enacted new legislation regarding the security of personal data, and the Israeli Law, Information and Technology Authority (‘ILITA’) issued guidelines on the interpretation of direct mailing. Dalit Ben-Israel and Efrat Artzi, Partner and Senior Associate respectively at Naschitz, Brandes, Amir & Co., Advocates, discuss these latest developments. / read more

The Court of Justice of the European Union (‘CJEU') issued, on 4 May 2017, its ruling in Valsts policijas Rigas regiona parvaldes Kartibas policijas parvalde v. Rigas pašvaldibas SIA ‘Rigas satiksme’ (C 13/16), on the interpretation of Article 7(f) of the Data Protection Directive (95/46/EC) (‘the Directive’), which held that this must be interpreted as not imposing the obligation to disclose personal data to a third party in order to enable him to bring an action for damages before a civil court for harm caused by the person concerned by the protection of that data, but that Article 7(f) of the Directive does also not preclude such disclosure on the basis of national law. Francis Aldhouse, Consultant at Bird & Bird, provides his thoughts on the judgement and an examination of the conclusions made by the CJEU as well as the Advocate-General. / read more

The Federal Law of 7 February 2017 No. 13-FZ on Amendments to the Code of Administrative Offences (‘the Personal Data Violations Law’), which significantly reforms the procedure and circumstances in which the Federal Service for Supervision of Communications, Information Technology, and Mass Media (‘Roskomnadzor’) can impose sanctions on companies for violations of data protection legislation, entered into force on 1 July 2017. Sergey Medvedev and Ilya Goryachev of Gorodissky & Partners analyse the background to, and implications of, the Personal Data Violations Law for data controllers in Russia. / read more

On 11 May 2017, the Spanish data protection authority (‘AEPD’) and ISMS Forum Spain released a jointly elaborated document named Best Practice Code on Data Protection Matters for Big Data projects (‘the Code’). Rafael García del Poyo, Partner at Osborne Clarke, discusses the challenges posed by the use of Big Data and outlines the aims and content of the Code. / read more

In 2012, Nicaragua established its data protection framework, though the supervisory authority tasked with the oversight of the legislation has yet to be created. In this article, Ivania Paguaga Cuadra, Associate at Arias, provides an overview of Nicaraguan data protection law as well as the provisions regulating data transfers. / 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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