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Data Protection Leader

Volume: 8 Issue: 1
(January 2011)


Mobile Marketing The Association (MMA), the global non-profit association for the mobile marketing industry, will discuss plans to develop 'a comprehensive set of mobile privacy guidelines' at its Consumer Best Practices Forum, on 26 January. / read more

Data Protection Officers (DPOs) will have a key role to play in demonstrating companies' accountability for data protection compliance, as EU data protection authorities encourage firms to appoint DPOs. / read more

The European Data Protection Supervisor (EDPS), Peter Hustinx, has called for a revision of the legal instruments regulating data protection in the EU, recommending that the new framework be shaped by a Regulation - which is immediately binding and does not require Member State implementation - rather than a Directive. / read more


Legislators, regulators and privacy professionals are set for a very busy year ahead. Serious legislative developments are always likely to bring with them some uncertainty and turmoil. But when these changes are directly affected by an ongoing technological transformation and complemented by the relentless actions of keen regulators, we know we face something just short of a revolution. That's precisely what the year ahead looks like. So, here's a brief guide to 2011 - the year without holidays. / read more

2011 is shaping up to be a decisive year for privacy, as data protection tops most governments' agendas. In this article, lawyers from around the globe have joined forces and shared their hopes and predictions with us. Lisa Sotto and Aaron Simpson, Partners at Hunton & Williams, highlight the crucial data protection issues that they expect will dominate the US in 2011. Martin Colombo and Martin Pesce of Ferrere discuss a number of important developments in Latin America, where compliance has proved a major challenge, while Tanguy Van Overstraeten, Partner and Global Head of Data Protection and Privacy at Linklaters LLP, suggests how data protection legislation can improve in the EU. / read more

The Information Commissioner's Office issued the first fines under its new enforcement powers at the end of 2010 - imposing on two companies whose data practices revealed clear shortcomings sanctions totaling £160,000. Laura Acreman, Associate at Bird & Bird, analyses the Commissioner's decisions and explains why companies should take time to review them. / read more

As the deadline for implementing the European Citizen Rights Directive approaches, the Netherlands introduced a bill which contains important provisions on two hotly debated topics: cookies and data breach notification. Gerrit-Jan Zwenne and Frank Simons, lawyers at Bird & Bird in The Hague, discuss how the implementation of these provisions is shaping up. / read more

As the proliferation of spam persists, governments around the world continue to struggle with policy and enforcement measures to curtail the frustration and costs associated with it. Canada is the last G8 member to have passed anti-spam legislation, in the form of Bill C-28. Maureen Murphy, Martin Lapner, and Roland Hung, of Gowlings, analyse the legislation and explain how its provisions will affect businesses with a connection to Canada. / read more

The consultation period on the Information Commissioner's Office Data Sharing Code of Practice ended earlier this month. We now await the publication of a summary of the responses received. Subject to procedure, the Code could come into force later in 2011, affecting the public and private sectors. Nicola Fulford, Associate at Bristows, provides a comprehensive analysis of the draft, highlighting the Code's triumphs as well as its flaws. / read more

The Portuguese Data Protection Authority (PDPA) issued a new set of guidelines in November 2010 to address the issues raised by drug and alcohol testing at the workplace. Mónica Oliveira Costa, Partner at Coelho Ribeiro e Associados, analyses the main principles in the guidelines, and advises firms on how to develop internal monitoring policies that are in line with them. / read more

Last month, the US Department of Commerce (DoC) issued its long-awaited report on consumer privacy, proposing a framework with recommendations for addressing online privacy issues in the United States. / 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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