Posts tagged Data Processor.
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October 12, 2023, the French Data Protection Authority (the “CNIL”) announced a €600,000 fine for mass media company Groupe Canal+ for failing to comply with its commercial prospecting obligations applicable under the French Post and Electronic Communications Code and several obligations of the EU General Data Protection Regulation (“GDPR”).

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On October 11, 2023, the French Data Protection Authority (the “CNIL”) published a new set of guidelines addressing the research and development of AI systems from a data protection perspective (the “Guidelines”).

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On June 30, 2023, the Delaware House of Representatives passed the Delaware Personal Data Privacy Act (H.B. 154) (the “DPDPA”), a day after the Delaware Senate passed the legislation. The DPDPA heads to Governor John Carney for a final signature. This could make Delaware the 13th U.S. state to enact comprehensive privacy legislation.

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On June 22, 2023, the Oregon House of Representatives passed the Oregon Consumer Privacy Act (S.B. 619) (the “OCPA”), which was previously passed by the Oregon Senate on June 20, 2023. The OCPA has been sent to the Oregon governor’s desk for signature. If signed, the OCPA would make Oregon the 12th state to have enacted comprehensive privacy legislation.

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On May 24, 2023 Google LLC (“Google”) announced its recently updated privacy terms providing that, for many of Google’s advertising services, it will no longer act as a service provider for the purposes of the California Privacy Rights Act of 2020 (“CPRA”). The change may affect businesses’ prior determinations of whether they “sell” personal information under the California Consumer Privacy Act of 2018 (“CCPA”). The updated terms take effect on July 1, 2023, the day CPRA enforcement begins.

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On May 10, 2023, the Texas Senate passed H.B. 4, also known as the Texas Data Privacy and Security Act (“TDPSA”). The TDPSA now heads to a conference committee between the Texas Senate and House to rectify the differences between the Senate and House versions. If the TDPSA is signed into law, Texas could become the tenth state to enact comprehensive privacy legislation.

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On April 21, 2023, the Montana and Tennessee legislatures voted to enact comprehensive consumer privacy bills in their respective states. If signed by their governors, Montana’s Consumer Data Privacy Act (S.B. 384) (“MCDPA”) and Tennessee’s Information Protection Act (H.B. 1181) (“TIPA”) could make these states the eighth and ninth U.S. states to enact comprehensive privacy legislation.

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On March 28, 2023, the French Data Protection Authority (the “CNIL” or “French DPA”) announced a €125,000 fine on the e-scooter rental company Cityscoot for breaching EU and French data protection rules, in particular in the context of geolocation and use of Google reCAPTCHA. The fine was imposed on March 16, 2023.

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On February 9, 2023, the Court of Justice of the European Union (“CJEU”) issued its judgment in the X-FAB Dresden case (C-453/21). In this decision, the CJEU clarified the criteria for assessing whether a conflict of interest exists between the Data Protection Officer (“DPO”) position, and other tasks or duties assigned to the DPO.

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On January 10, 2023, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth  responded to a call for public comments from the European Data Protection Board (“EDPB”) regarding their Recommendations 1/2022 on the Application for Approval and on the elements and principles to be found in Controller Binding Corporate Rules (Art. 47 GDPR) (“Recommendations 1/2022”). The Recommendations 1/2022 are intended to bring existing Controller Binding Corporate Rules (“BCR-C”) in line with the GDPR and the Schrems II ruling.

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On November 25, 2022, Ireland’s Data Protection Commission (“DPC”) released a decision fining Meta Platforms, Inc. (“Meta”) €265 million for a 2019 data leak involving the personal information of approximately 533 million Facebook users worldwide.

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Kochhar & Co. reports that, on November 18, 2022, the Government of India (“Government”) released the long-awaited fourth draft of India’s proposed privacy law, now renamed the Digital Personal Data Protection Bill.

Terms and Application

The draft law uses terminology similar to past versions: the data controller is called the “data fiduciary,” the data subject is called the “data principal,” and personal information is referred to as “personal data.” There is no separate category of sensitive personal data.   

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On May 12, 2022, the European Data Protection Board (“EDPB”) adopted Guidelines 04/2022 on the calculation of administrative fines under the EU General Data Protection Regulation (“GDPR”) (the “Guidelines”). The Guidelines are intended  to harmonize the methodology supervisory authorities (“SAs”) use when calculating the amount of a GDPR fine and provide illustrative examples to help organizations understand the calculation method.

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On June 1, 2022, Thailand’s Personal Data Protection Act (“PDPA”) entered into force after three years of delays. The PDPA, originally enacted in May 2019, provides for a one-year grace period, with the main operative provisions of the law originally set to come into force in 2020. Due to the COVID-19 pandemic, however, the Thai government issued royal decrees to extend the compliance deadline to June 1, 2022. 

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On March 29 and March 30, 2022, the California Privacy Protection Agency (“CPPA”) will hold public pre-rulemaking informational sessions regarding the California Privacy Rights Act (“CPRA”) via video conference. As we previously reported, the CPPA, which has rulemaking authority under the CPRA and will be responsible for implementing and enforcing the CPRA, recently estimated that it will not publish final CPRA regulations until the third or fourth quarter of 2022.

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On February 22, 2022, the European Data Protection Board (the “EDPB”) adopted its final Guidelines 04/2021 on Codes of Conduct as tools for transfers (the “Guidelines”), following a public consultation that took place in 2021.

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On November 14, 2021, the Cyberspace Administration of China (“CAC”) released for public comment its draft Regulations on Network Data Security Management (the “Draft Regulations”). The Draft Regulations are intended to implement portions of three existing laws – the Cybersecurity Law (“CSL”), the Data Security Law (“DSL”) and the Personal Information Protection Law (“PIPL”) (together, the “Three Laws”) – by providing guidance on certain provisions and establishing specific requirements for implementing certain principles contemplated in the Three Laws. In addition, the Draft Regulations add new requirements related to data processing activities. Once effective, the Draft Regulations will impose even greater compliance obligations on companies than the PIPL.

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On January 12, 2022, the French Data Protection Authority (the “CNIL”) published guidelines on the re-use of personal data by data processors for their own purposes (such as product improvement or the development of new products and services) under the EU General Data Protection Regulation (“GDPR”) (the “Guidelines”). This post outlines key takeaways from the Guidelines.

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On November 19, 2021, the European Data Protection Board (“EDPB”) published its draft Guidelines 05/2021 (the “Guidelines”) on the interplay between the application of Article 3 of the EU General Data Protection Regulation (“GDPR”), which sets forth the GDPR’s territorial scope, and the GDPR’s provisions on international data transfers. The Guidelines aim to assist organizations subject to the GDPR in identifying whether a data processing activity constitutes an international data transfer under the GDPR, as the GDPR does not define the term.

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On July 8, 2021, Colorado Governor Jared Polis signed SB21-190, the Colorado Privacy Act (“the Act”), into law, making Colorado the third state to have a comprehensive data privacy law on the books, following California and Virginia. The Colorado House voted 57-7 in favor of the Act on June 7 after it had previously passed the Senate unanimously on May 26. The Senate voted unanimously to adopt the House’s amendments to the Act on June 8. The Act will go into effect on July 1, 2023, with some specific provisions going into effect at later dates.

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On June 21, 2021, following a public consultation, the European Data Protection Board (“EDPB”) published the final version of its recommendations on supplementary measures in the context of international transfer safeguards, such as Standard Contractual Clauses (“SCCs”) (the “Recommendations”).

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After two rounds of public comments, the Data Security Law of the People’s Republic of China (the “DSL”) was formally issued on June 10, 2021, and will become effective on September 1, 2021.

Compared to previous drafts of the law, the final version of the DSL differs with respect to:

  • establishing a work coordination mechanism and clarifying the duties of each governmental authority;
  • establishing an administration system for state core data;
  • encouraging data development and use to make public service more intelligent and requiring consideration of the needs of the elderly and people with disabilities when providing intelligent public services;
  • protecting the security of government data; and
  • increasing the punishment dynamics for violations of the law. 
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On June 15, 2021, the Court of Justice of the European Union (the “CJEU”) released its judgment in case C-645/19 of Facebook Ireland Limited, Facebook Inc., Facebook Belgium BVBA v. the Belgian Data Protection Authority (“Belgian DPA”). We previously reported on the background of the case and the Advocate General’s opinion.

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On June 4, 2021, the European Commission published the final version of the implementing decision on standard contractual clauses for transfers of personal data to third countries under the EU General Data Protection Regulation (“GDPR”), as well as the final version of the new standard contractual clauses (the “SCCs”). The European Commission had previously published draft versions of the implementing decision and the SCCs in November 2020.

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On May 20, 2021, the Belgian Data Protection Authority (“Belgian DPA”), as the lead authority (in collaboration with two co-reviewing authorities), announced that it had approved the EU Data Protection Code of Conduct for Cloud Service Providers (the “EU Cloud CoC”). The EU Cloud CoC is the first transnational EU code of conduct since the entry into force of the EU General Data Protection Regulation (the “GDPR”).

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On May 2, 2021, the Norwegian data protection authority, Datatilsynet, notified Disqus Inc. (“Disqus”), a U.S. company owned by Zeta Global, of its intention to issue a fine of 25 million Norwegian Krone (approximately 2.5 million Euros). The preliminary fine was issued for failure to comply with the General Data Protection Regulation’s (“GDPR”) accountability, lawfulness and transparency requirements, primarily due to Disqus’ tracking of website visitors.

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On April 29, 2021, China issued a second version of the draft Personal Information Protection Law (“Draft PIPL”). The Draft PIPL will be open for public comments until May 28, 2021.

While the framework of this version of the Draft PIPL is the same as the prior version issued on October 21, 2020, below we summarize the material changes in the second version of the Draft PIPL.

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On April 29, 2021, China issued a second draft version of the Data Security Law (“Draft DSL”). The Draft DSL will be open for public comments until May 28, 2021.

While the framework of this version of the Draft DSL is the same as the prior version issued on July 3, 2020, below we summarize the material changes in the second version of the Draft DSL.

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On March 15, 2021, the state Data Protection Authority of Bavaria (“Bavarian DPA”) declared the use of U.S. e-mail marketing service Mailchimp by a fashion magazine (acting as controller) in Bavaria impermissible due to non-compliance with Schrems II mitigation steps in relation to the transfer of e-mail addresses to Mailchimp in the U.S.

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On March 12, 2021, France’s highest administrative court (the “Conseil d’État”) issued a summary judgment that rejected a request for the suspension of the partnership between the French Ministry of Health and Doctolib, a leading provider of online medical consultations in Europe, for the management of COVID-19 vaccination appointments.

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The concept of regulatory sandboxes has gained traction in the data protection community. Since the UK Information Commissioner’s Office (the “ICO”) completed its pilot program of regulatory sandboxes in September 2020, two European Data Protection Authorities (“DPAs”) have created their own sandbox initiatives following the ICO’s framework.

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On February 5, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted a response to the European Commission’s (the “Commission’s”) public consultation on the Commission’s Proposal for a Regulation on European Data Governance (the “Data Governance Act,” or “DGA”). This proposal is the first set of initiatives announced under the broader European Data Strategy.

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On January 27, 2021, the French Data Protection Authority (the “CNIL”) announced (in French) that it imposed a fine of €150,000 on a data controller, and a fine of €75,000 on its data processor, for failure to implement adequate security measures to protect customers’ personal data against credential stuffing attacks on the website of the data controller. The CNIL decided not to make its decisions public, thereby not disclosing the name of the companies sanctioned.

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On January 26, 2021, BBB National Programs announced that it has been endorsed as an Accountability Agent for the APEC Cross-Border Privacy Rules (“CBPR”) and Privacy Recognition for Processors (“PRP”) systems. This makes BBB National Programs the seventh CBPR and PRP Accountability Agent worldwide and the first ever U.S. non-profit to be approved by APEC.

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The recent UK case of Soriano v Forensic News and Others tested the territorial reach of the General Data Protection Regulation (“GDPR”) and represents the first UK judgment dealing with the territorial scope of the GDPR. This was a “service out” case, where the claimant, Walter T. Soriano, sought the Court’s permission under the UK Civil Procedure Rules to serve proceedings on the defendants, who were all domiciled in the U.S.

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On January 15, 2021, the European Data Protection Board (“EDPB”) and European Data Protection Supervisor (“EDPS”) adopted joint opinions on the draft Standard Contractual Clauses (“SCCs”) released by the European Commission in November 2020, for both international transfers (“International SCCs”) and controller-processor relationships within the EEA (“EEA Controller-Processor SCCs”). 

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On November 23, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its response to the European Data Protection Board (“EDPB”) consultation on draft guidelines on relevant and reasoned objections under the General Data Protection Regulation (“GDPR”) cooperation and consistency mechanisms (the “Guidelines). The consultation on the Guidelines took place a few weeks before the EDPB issued its first binding decision under the Article 65 GDPR dispute resolution mechanism.

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On December 21, 2020, the European Data Protection Board (the “EDPB”) released its 2021-2023 Strategy (the “Strategy”). The Strategy aims at setting out the four main pillars of the EDPB strategic objectives through 2023 and key actions to help achieve those objectives:

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On December 15, 2020, the Irish Data Protection Commission (“DPC”) announced its fine of €450,000 against Twitter International Company (“Twitter”), following its investigation into a breach resulting from a bug in Twitter’s design. The fine is the largest issued by the Irish DPC under the EU General Data Protection Regulation (“GDPR”) to date and is also its first against a U.S.-based organization.

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On December 10, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its response to the European Commission’s invitation for comments on its draft implementing decision on standard contractual clauses (“SCCs”) to be used for the transfer of personal data from a controller or processor subject to the EU General Data Protection Regulation (“GDPR”) (i.e., a data exporter) to a controller or (sub-)processor not subject to the GDPR (i.e., a data importer).

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On December 10, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its response to the European Commission’s invitation for comments on its draft implementing decision on standard contractual clauses (“SCCs”) between controllers and processors for purposes of Article 28 of the EU General Data Protection Regulation (the “GDPR”). Article 28 of the GDPR sets out specific provisions that must be executed between data controllers and processors when personal data is shared.

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On November 26, 2020, the Belgian Data Protection Authority (“Belgian DPA”) signed a cooperation agreement with DNS Belgium, the organization managing the “.be” country code top-level domain name. The purpose of the cooperation agreement is to allow DNS Belgium to suspend “.be” websites that are linked to infringements of the EU General Data Protection Regulation (the “GDPR”).

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On November 25, 2020, the European Commission published its Proposal for a Regulation on European Data Governance (the “Data Governance Act”). The Data Governance Act is part of a set of measures announced in the 2020 European Strategy for Data, which is aimed at putting the EU at the forefront of the data empowered society. The European Commission also released a Questions & Answers document and a Factsheet on European data governance.

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On November 12, 2020, the European Commission published a draft implementing decision on standard contractual clauses for the transfer of personal data to third countries pursuant to the EU General Data Protection Regulation (“GDPR”), along with its draft set of new standard contractual clauses (the “SCCs”).

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On November 11, 2020, the European Data Protection Board (the “EDPB”) published its long-awaited recommendations following the Schrems II judgement regarding supplementary measures in the context of international transfer safeguards such as Standard Contractual Clauses (“SCCs”) (the “Recommendations”). In addition, the EDPB published recommendations on the European Essential Guarantees for surveillance measures (the “EEG Recommendations”), which complement the Recommendations. The Recommendations are subject to a public consultation, which closes on December 21, 2020.

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On September 7, 2020, the European Data Protection Board (“EDPB”) released draft Guidelines 07/2020 on the concepts of controller and processor in the EU General Data Protection Regulation (“GDPR”) (the “Guidelines”). The Guidelines aim to (1) clarify the concepts of controller, joint controllers, processor, third party and recipient under the GDPR by providing concrete examples with respect to each; and (2) specify the consequences attached to the different roles of controller, joint controllers and processor. The Guidelines replace the previous opinion of the Article 29 Working Party on these concepts.

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On July 1, 2020, the Dubai International Financial Centre (“DIFC”) Data Protection Law No. 5 of 2020 came into effect (“New DP Law”). Due to the current pandemic, a three-month grace period, running until October 1, 2020, has been provided for companies to comply. The New DP Law replaces DIFC Law No. 1 of 2007. The release of the New DP Law is, in part, an effort to ensure that the DIFC, a financial hub for the Middle East, Africa and South Asia, meets the standard of data protection required to receive an “adequacy” finding from the European Commission and the United Kingdom, meaning that companies may transfer EU/UK personal data to the DIFC without putting in place a transfer mechanism (such as Standard Contractual Clauses).

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When compared to the EU or the U.S., China has lacked a comprehensive data protection and data security law that regulates in detail requirements and procedures relating to the collection, processing, control and storage of personal data. In recent years, China has seen developments on data protection both in legislation and in practice. Recently, another significant draft law on data security was issued by the Chinese legislative authority. On June 28 to June 30, 2020, the 20th Session of the 13th Standing Committee of the National People’s Congress of China (the “NPC”) deliberated on the draft of the Data Security Law (the “Draft”), and on July 3, published the Draft on the NPC’s official website for public comment. The public comment period for the Draft will end on August 16, 2020. It is expected that the Draft will be finalized within the year and that the regulatory requirements relating to data security eventually will be reflected in law in China.

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Zeyn Bhyat of ENSafrica reports that on June 22, 2020, it was announced that South Africa’s comprehensive privacy law known as the Protection of Personal Information Act, 2013 (the “POPIA”) will become effective on July 1, 2020. POPIA acts as the more detailed framework legislation supporting South Africa’s constitutional right to privacy.

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On June 19, 2020, France’s Highest Administrative Court (the “Conseil d’Etat”) issued a decision partially annulling the guidelines of the French Data Protection Authority (the “CNIL”) on cookies and similar technologies (the “Guidelines”). The Conseil d’Etat annulled the provision of the Guidelines imposing a general and absolute ban on ‘cookie walls’ that prevent users who do not consent to the use of cookies from accessing a site or mobile app. However, the Conseil d’Etat upheld the main part of the Guidelines. On the day of the Conseil d’Etat’s decision, the CNIL published a statement (the “Statement”) announcing that they took note of the decision and will strictly comply with it.

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On July 1, 2020, amendments to Vermont’s data breach notification law, signed into law earlier this year, will take effect along with Vermont’s new student privacy law.

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On June 16, 2020, the European Data Protection Board (the “EDPB”) released a statement on the data protection impact of the interoperability of contact tracing apps within the EU (the “Statement”). The EDPB issued this Statement following the publication of “Interoperability guidelines for approved contact tracing mobile applications in the EU” by the eHealth Network on May 13, 2020. In its guidelines, the eHealth Network calls for an interoperable framework in the EU that would enable users to rely on a single contact tracing application regardless of the Member State or region in which they reside.

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On May 25 and May 26, 2020 respectively, the Belgian Data Protection Authority (the “Belgian DPA”) published two opinions on draft laws introducing COVID-19-related tracking initiatives: (1) the Opinion 42/2020 on the draft law for the creation of a database by Sciensano, a public health institution (“Opinion 42/2020”), and (2) the Opinion 43/2020 on the draft law for the use of contact tracing apps to fight the spread of COVID-19 (“Opinion 43/2020”).

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Pakistan’s Ministry of Information Technology and Telecommunication recently introduced a new draft of Pakistan’s Personal Data Protection Bill, 2020 (the “Bill”) and launched a public consultation regarding the same. The public consultation period will end on May 15, 2020. The Bill, which applies to “any person who processes” or “has control over or authorizes the processing of” any personal data, if the data subject, the controller or processor are located in Pakistan, would establish certain requirements and restrictions related to the processing of personal data, as well as penalties for violating the law. In addition, under the Bill, the federal government would, within six months of coming into force, establish a Personal Data Protection Authority of Pakistan with rulemaking authority to enforce the act.

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On April 9, 2020, the Belgian Data Protection Authority (the “Belgian DPA”) released guidance and a set of frequently asked questions (“FAQs”) regarding the use of cookies and other tracking technologies.

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On April 6, 2020, the Irish Data Protection Commission (the “DPC”) published a report summarizing the DPC’s findings following a cookie sweep of select websites across a range of sectors, as well as a new guidance note on the use of cookies and other tracking technologies.

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On February 10, 2020, the Belgian Data Protection Authority (the “Belgian DPA”) published its Recommendation 1/2020 on data processing activities for direct marketing purposes (the “Recommendation”). With this Recommendation, the Belgian DPA aims to clarify the complex rules relating to the processing of personal data for direct marketing purposes, including by providing practical examples and guidelines to the different stakeholders involved in direct marketing activities. Direct marketing is one of the Belgian DPA’s top priorities for the next few years, as indicated in its 2019-2025 Strategic Plan.

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On January 14, 2020, the French Data Protection Authority (the “CNIL”) published its draft recommendations on the practical modalities for obtaining users’ consent to store or read non-essential cookies and similar technologies on their devices (the “Recommendations”). The CNIL also published a set of questions and answers on the Recommendations (“FAQs”).

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At its 15th plenary meeting, the European Data Protection Board (“EDPB”) adopted the final guidelines on the territorial scope of the EU General Data Protection Regulation (“GDPR”) (the “Guidelines”), taking into account the feedback it received during the public consultation of its draft guidelines published on November 23, 2018.

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On November 13, 2019, the European Data Protection Board (“EDPB”) published its draft guidelines 4/2019 (the “Guidelines”) on the obligation of Data Protection by Design and by Default (“DPbDD”) set out under Article 25 of the EU General Data Protection Regulation (“GDPR”).

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On September 23, 2019, the Office of the Privacy Commissioner of Canada (“OPC”) announced that it completed its consultation on transfers for processing and that the OPC’s current guidelines for processing personal data across borders remain unchanged. Under these guidelines, consent for transfers to data processors generally is not required.

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On September 10, 2019, the French data protection authority (the “CNIL”) updated its existing set of questions and answers (“FAQs”) on the impact of a no-deal Brexit on data transfers from the EU to the UK and how controllers should prepare.

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On August 21, 2019, the Belgian Data Protection Authority (the “Belgian DPA”) published a press release informing of its intention to further investigate a data breach that was notified by Adecco Belgium, a temporary employment agency. The data breach affected thousands of biometric data, including fingerprints and images allowing facial recognition, and was suffered by the company Suprema. The compromised data included approximately 2,000 fingerprints of Adecco Belgium’s employees.

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On August 12, 2019, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, the “Dutch DPA”) announced its intent to approve Nederland ICT’s Data Pro Code (the “Code”), a code of conduct for the ICT sector. Nederland ICT represents data processors from the IT sector. Data processors that process personal data on behalf of and for a data controller can join this code of conduct. The draft decision of the Dutch DPA regarding the Code was published in the Official Journal of the Netherlands (the “Staatscourant”) on August 12 and interested parties have six weeks to submit their opinion on the draft decision.

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On July 16, 2019, the European Data Protection Board (the “EDPB”) published its Annual Report for 2018 (the “Report”). The Report highlights that the EDPB (1) endorsed 16 guidelines previously adopted by the Article 29 Working Party; (2) adopted four additional guidelines to clarify provisions of the GDPR; (3) adopted 26 consistency opinions to guarantee the consistent application of the EU General Data Protection Regulation (“GDPR”) by the EU data protection authorities; and (4) issued two opinions in the context of the legislative consultation process, as well as a statement on its own initiative and on the draft ePrivacy Regulation.

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The European Data Protection Board (the “EDPB”) recently adopted its Guidelines 1/2019 on Codes of Conduct and Monitoring Bodies under Regulation 2016/679 (the “Guidelines”). The Guidelines aim to provide practical guidance with respect to Articles 40 and 41 of the EU General Data Protection Regulation (“GDPR”). In particular, the Guidelines intend to clarify the rules and procedures for the submission, approval and publication of codes of conduct.

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To mark the GDPR’s one-year anniversary, the European Commission recently published the results of two surveys meant to illuminate the public’s awareness of the GDPR and its practical applications.

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On May 31, 2019, the Asia-Pacific Economic Cooperation (“APEC”) endorsed Schellman & Company as the second U.S. “Accountability Agent” overseeing the APEC Cross-Border Privacy Rules (“CBPR”) and Privacy Recognition for Processors (“PRP”) systems. Along with TrustArc, Schellman & Company will now be able to independently assess and certify the compliance of U.S. companies under the APEC CBPR and PRP systems.

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On June 12, 2019, Hunton Andrews Kurth and its Centre for Information Policy Leadership (“CIPL”) hosted a roundtable discussion in the firm’s Brussels office on the update of the EU Standard Contractual Clauses for international data transfers (“SCCs”). More than 30 privacy leaders joined together to discuss the challenges of the current SCCs and provide their insights on the updated versions. Hunton partner David Dumont led the discussion, while CIPL President Bojana Bellamy illuminated CIPL’s work in this area. The session also featured Cristina Monti, Policy Officer in the International Data Flows and Protection Unit of the EU Commission DG Justice and Consumers.

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On May 28, 2019, the Cyberspace Administration of China (“CAC”) released draft Data Security Administrative Measures (the “Measures”) for public comment. The Measures, which, when finalized, will be legally binding, supplement the Cybersecurity Law of China (the “Cybersecurity Law”) that took force on June 1, 2017, with detailed and practical requirements for network operators who collect, store, transmit, process and use data within Chinese territory. The Measures likely will significantly impact network operators’ compliance programs in China.

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On April 11, 2019, the People’s Republic of China’s Network Security Bureau of the Ministry of Public Security, the Beijing Network Industry Association and the Third Research Institution of the Ministry of Public Security jointly released a “Guide to Protection of Security of Internet Personal Information (the “Guide”). The Guide presents itself as a reference, rather than a legally-enforceable regulation, but how it will interact with cybersecurity-related law, regulations and standards in practice remains to be seen.

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The French Data Protection Authority (the “CNIL”) recently published its Annual Activity Report for 2018 (the “Report”) and released its annual inspection program for 2019.

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On April 12, 2019, the European Data Protection Board (“EDPB”) published draft guidelines 2/2019 on the processing of personal data in the context of the provision of online services to data subjects (the “Guidelines”).

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On April 11, 2019, the French Data Protection Authority (the “CNIL”) launched an online public consultation regarding two new CNIL draft standards (“Referentials”) concerning the processing of personal data for (1) core HR management purposes and (2) the operation of a whistleblowing hotline.

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On January 25, 2019, Nigeria’s National Information Technology Development Agency (“NITDA”) issued the Nigeria Data Protection Regulation 2019 (the “Regulation”). Many concepts of the Regulation mirror the EU General Data Protection Regulation (“GDPR”).

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On March 14, 2019, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, the “Dutch DPA”) published a press release announcing its policy (in Dutch) for calculating administrative fines (the “Policy”).

The Dutch DPA has the power to impose administrative fines for violations of the EU General Data Protection Regulation (“GDPR”), the Dutch law implementing the GDPR, the Police Data Act, the Judicial Data and Criminal Records Act, the Telecommunications Act, the Electronic Identification, Authentication and Trust Services (eIDAS) Regulation and the General Administrative Law Act.

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The Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP has issued a white paper on Ten Principles for a Revised U.S. Privacy Framework (the “White Paper”). CIPL believes that the use of personal information and privacy can most effectively be regulated at the federal level, and puts forward ten principles that should be included in any new federal privacy framework to ensure appropriate protection for consumers while facilitating the digital economy, innovation and the responsible use of data.

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On January 16, 2019, the Dutch Data Protection Authority, the Autoriteit Persoonsgegevens (the “Dutch DPA”), announced that it had requested 30 private organizations provide information about the agreements they have with other entities that process personal data on their behalf. The Dutch DPA indicated that the targeted organizations are mainly in energy, media and trade sectors.

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The Agency of Access to Public Information (Agencia de Acceso a la Información Pública) (“AAIP”) has approved a set of guidelines for binding corporate rules (“BCRs”), a mechanism that multinational companies may use in cross-border data transfers to affiliates in countries with inadequate data protection regimes under the AAIP.

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On November 23, 2018, both Australia and Chinese Taipei joined the APEC Cross-Border Privacy Rules (“CBPR”) system. The system is a regional multilateral cross-border transfer mechanism and an enforceable privacy code of conduct and certification developed for businesses by the 21 APEC member economies.

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On November 9, 2018, Serbia’s National Assembly enacted a new data protection law. The Personal Data Protection Law, which becomes effective on August 21, 2019, is modeled after the EU General Data Protection Regulation (“GDPR”).

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On November 23, 2018, the European Data Protection Board (“EDPB”) published its long-awaited draft guidelines on the extraterritorial application of the EU General Data Protection Regulation (“GDPR”) (the “Guidelines”). To date, there has been a degree of uncertainty for organizations regarding the scope of the GDPR’s application outside of the EU. While the Guidelines provide some clarity on this issue, questions will remain for non-EU controllers and processors. Importantly, these Guidelines are only in draft form and are open for consultation until January 18, 2019, which will give organizations an opportunity to provide comments and raise additional questions in an effort to obtain further clarification from the EDPB on these important scoping questions.

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On November 6, 2018, the French Data Protection Authority (the “CNIL”) published its own guidelines on data protection impact assessments (the “Guidelines”) and a list of processing operations that require a data protection impact assessment (“DPIA”). Read the guidelines.

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The European Data Protection Board (“EDPB”) recently published 22 Opinions on the draft lists of Supervisory Authority (“SAs”) in EU Member States regarding which processing operations are subject to the requirement of conducting a data protection impact assessment (“DPIA”) under the EU General Data Protection Regulation (“GDPR”).

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On July 23, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP issued two new discussion papers on the Central Role of Organizational Accountability in Data Protection. The goal of these discussion papers is to show that organizational accountability is pivotal to effective data protection and essential for the digital transformation of the economy and society, and to emphasize how its many benefits should be actively encouraged and incentivized by data protection authorities (“DPAs”), and law and policy makers around the globe.

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On July 3, 2018, a draft bill (the “Data Protection Bill”) was introduced that would establish a comprehensive data protection regime in Kenya. The Data Protection Bill would require “banks, telecommunications operators, utilities, private and public companies and individuals” to obtain data subjects’ consent before collecting and processing their personal data. The Data Protection Bill also would impose certain data security obligations related to the collection, processing and storage of data, and would place restrictions on third-party data ...
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On May 29, 2018, Bojana Bellamy published a letter on the importance and value of data protection officers (“DPOs”) on the International Association of Privacy Professionals’ Privacy Perspectives blog, entitled A Letter to the Unsung Hero of the GDPR (the “Letter”). The Letter acknowledges the herculean efforts and boundless commitment DPOs and those in a similar role have demonstrated in preparing their organizations for the GDPR.

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On May 16, 2018, the Irish Data Protection Bill 2018 (the “Bill”) entered the final committee stage in Dáil Éireann (the lower house and principal chamber of the Irish legislature). The Bill was passed by the Seanad (the upper house of the legislature) at the end of March 2018. In the current stage, final statements on the Bill will be made before it is signed into law by the President.

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On April 11, 2018, the Article 29 Working Party (the “Working Party”) adopted two Recommendations on the Standard Application for Approval of Data Controller or Processor Binding Corporate Rules for the Transfer of Personal Data (the “Recommendations”). Binding Corporate Rules (“BCRs”) are one of the mechanisms offered to companies to transfer data outside the European Economic Area to a country which does not provide an adequate level of protection for the data according to Article 45 of the GDPR. These Recommendations, in the form of questionnaires, are intended to help BCR applicants demonstrate how they fulfill the requirements of Article 47 of the GDPR.

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The Belgian Privacy Commission (the “Belgian DPA”) recently released a Recommendation (in French and Dutch) on Data Protection Impact Assessment (“DPIA”) and the prior consultation requirements under Articles 35 and 36 of the EU General Data Protection Regulation (“GDPR”) (the “Recommendation”). The Recommendation aims to provide guidance on the core elements and requirements of a DPIA, the different actors involved and specific provisions.

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On March 20, 2018, the Centre for Information Policy Leadership ("CIPL") at Hunton Andrews Kurth LLP issued a factsheet outlining relevant GDPR provisions for negotiations surrounding the proposed ePrivacy Regulation (the "Factsheet").

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On March 26, 2018, the Centre for Information Policy Leadership at Hunton & Williams LLP and AvePoint released its second Global GDPR Readiness Report (the “Report”), detailing the results of a joint global survey launched in July 2017 concerning organizational preparedness for implementing the EU General Data Protection Regulation (“GDPR”). The Report tracks the GDPR implementation efforts of over 235 multinational organizations, and builds on the findings of the first Global GDPR Readiness Report by providing insights on key changes in readiness levels from 2016 to 2017.

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On March 6, 2018, Singapore’s Ministry of Communications and Information announced that Singapore has joined the APEC Cross-Border Privacy Rules (“CBPR”) and Privacy Recognition for Processors (“PRP”) systems. As we previously reported, Singapore submitted its intent to join both systems in July 2017.

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On February 1, 2018, the Singapore Personal Data Protection Commission (the “PDPC”) published its response to feedback collected during a public consultation process conducted during the late summer and fall of 2017 (the “Response”). During that public consultation, the PDPC circulated a proposal relating to two general topics: (1) the relevance of two new alternative bases for collecting, using and disclosing personal data (“Notification of Purpose” and “Legal or Business Purpose”), and (2) a mandatory data breach notification requirement. The PDPC invited feedback from the public on these topics.

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On January 18, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP submitted formal comments to the Article 29 Working Party (the “Working Party”) on its updated Working Documents, which include a table with the elements and principles found in Binding Corporate Rules (“BCRs”) and Processor Binding Corporate Rules (the “Working Documents”). The Working Documents were adopted by the Working Party on October 3, 2017, for public consultation.

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On January 29, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP submitted formal comments to the Article 29 Working Party (the “Working Party”) on its Guidelines on Consent (the “Guidelines”). The Guidelines were adopted by the Working Party on November 28, 2017, for public consultation.

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On January 29, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP submitted formal comments to the Article 29 Working Party (the “Working Party”) on its Guidelines on Transparency (the “Guidelines”). The Guidelines were adopted by the Working Party on November 28, 2017, for public consultation.

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On January 25, 2018, the Standardization Administration of China published the full text of the Information Security Technology – Personal Information Security Specification (the “Specification”). The Specification will come into effect on May 1, 2018. The Specification is voluntary, but could become influential within China because it establishes benchmarks for the processing of personal information by a wide variety of entities and organizations. In effect, the Specification constitutes a best practices guide for the collection, retention, use, sharing and transfer of personal information, and for the handling of related information security incidents.

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