Cyber Risk & Data Privacy

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The Government has published its legislation programme for Autumn 2020. The programme includes: 30 priority Bills; 50 Bills that are expected to undergo pre-legislative scrutiny; 87 Bills where preparatory work is underway, and 14 Bills which are currently before the Oireachtas.

Key Bills of relevance to the data protection, commercial and technology sector include:

Priority Legislation 

  • Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill – This Bill will provide for the legislative needs that will arise at the end of the Brexit transition period.

Bills expected to undergo pre-legislative scrutiny  

  • Online Safety and Media Regulation Bill – This Bill will provide for the establishment of a Media Commission (including an Online Safety Commissioner), the dissolution of the Broadcasting Authority of Ireland, a regulatory framework to tackle harmful online content, and implementation of the revised Audiovisual Media Services (AVMS) Directive 2018/1808. The general scheme of the Bill was published in January 2020, and the  legislative programme indicates that further heads are in preparation. Member States are expected to implement the AVMS Directive in national law by 19 September 2020, so Ireland will miss this deadline.
  • Consumer Rights Bill– This Bill will give effect to EU Directive 770/2019 on consumer contracts for the supply of digital content and digital services, EU Directive 771/2019 on consumer contracts for the sale of goods, and to update and consolidate the statutory provisions on consumer rights and remedies in relation to contracts for the supply of non-digital services, unfair contract terms, and information and cancellation rights.


Continue Reading Government publishes Legislation Programme for Autumn 2020

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On the 23 July 2020, the European Data Protection Board (EDPB) adopted FAQs on the Schrems II judgment. The FAQs provide answers to questions received by EU data protection authorities (DPAs) and will be developed and complemented by the EDPB in due course.

In brief, the EDPB clarifies:

  • No grace period – The Court of Justice of the European Union (CJEU) has invalidated the Privacy Shield with immediate effect. The judgment does not provide any grace period during which companies can keep transferring personal data to the US without assessing the legal basis for the transfer.
  • Use of SCCs for EEA-US transfers – US law (i.e. Section 702 FISA and EO 12333) does not ensure an essentially equivalent level of protection. Whether or not you can transfer personal data to the US based on the Standard Contractual Clauses (SCCs) will depend on the result of your adequacy assessment, taking into account the circumstances of the transfers, and supplementary measures you could put in place. The supplementary measures, along with SCCs, would have to ensure that US law does not impinge on the adequate level of protection they guarantee.


Continue Reading EDPB publish FAQs on Schrems II

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The Court of Justice of the European Union has delivered its eagerly awaited decision, in Schrems II (Case C-311/18).

Why is the case important?

Schrems II calls into the question the ability of companies to lawfully transfer data from the EU to the United States (US) and other countries.

The GDPR contains strict rules on transferring data from the EU to third countries, and this case deals with the compatibility of these rules with surveillance laws in other countries.

What has the Court decided?

The headline outcome is that:

  • The Privacy Shield decision is invalid with immediate effect – this means that companies can no longer rely on a Privacy Shield certification when transferring personal data to the US.
  • Standard contractual clauses (SCCs) are valid – but their use is subject to certain pre-conditions and ongoing obligations.


Continue Reading Schrems II – The Verdict

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In recent weeks, employers have been busy implementing the recommendations set out in the Government’s Return to Work Safely Protocol, in preparation for employees returning to the workplace.  Somewhat surprisingly, the Protocol makes no reference to the need to comply with data protection law, yet the measures recommended by the Protocol involve the processing personal

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​The register of one-stop-shop decisions is now live on the EDPB website. It contains access to summaries and final decisions adopted by the Lead Supervisory Authorities (LSAs), working together with other concerned authorities. The decisions concern a range of data protection compliance issues, in particular, data subject rights; lawfulness of processing, data breaches, security, and transparency requirements. In many cases, the LSAs concluded there was no violation of the GDPR. In the event there was a violation, the LSAs, for the most part, issued reprimands or compliance orders, rather than fines.

Continue Reading EDPB’s register of one-stop-shop decisions now live

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The Data Protection Commission (DPC) has published a two year Regulatory Activities Report, which reviews the range of its regulatory tasks from 25 May 2018 to 25 May 2020.

​The Report notes that the purpose of the two-year assessment is “to provide a wider-angled lens through which to assess the work of the DPC since the implementation of the GDPR; in particular, to examine wider datasets and annual trends to see what patterns can be identified.” 


Continue Reading DPC publishes Regulatory Activities Report for 2018-2020

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As part of their lockdown exit strategy, governments around the world are launching Apps with contact tracing functions. The idea behind these Apps is that users will be alerted when another App user has tested positive to Covid-19, thereby enabling them to take appropriate action, such as self-isolating or undergoing testing.

It remains to be

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The European Data Protection Board (EDPB), the body tasked with ensuring consistent application of the GDPR across Europe, has published its annual report for 2019. As we approach the two year anniversary of the GDPR, the EDPB Chair refers to a “common data protection culture” emerging as a result of the continued cooperation between European Data Protection Authorities (DPAs).

The following are some of the key points from the EDPB’s activities in 2019.


Continue Reading EDPB publishes Annual Report for 2019

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The threat to global health caused by Covid-19 has led to unprecedented collaboration from the global scientific research community to urgently develop a vaccine. Given the prevalence of data sharing and open science, combined with the sensitive nature of the data involved, data protection concerns have quickly emerged.

The GDPR provides special rules for processing health data for scientific research purposes that are also applicable in the context of the Covid-19 pandemic. The European Data Protection Board (EDPB) recently published Guidelines 03/2020 on the processing of data concerning health for scientific research purposes in the context of Covid-19. The EDPB acknowledges the challenges faced by researchers operating with urgency, and using health data that is not always obtained directly from the data subject for the specific purpose of scientific research. The guidelines provide clarity on issues such as: the legal basis for processing health data; data subjects’ rights, and how health data can be lawfully transferred to a third country outside the EEA for scientific research purposes connected to the Covid-19 pandemic.


Continue Reading EDPB publishes guidelines on processing health data for Covid-19 research

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The Data Protection Commission (DPC) has issued its first fine under the GDPR.  Tusla, the child and family state agency, has been fined €75,000 for three data breaches.  It has been reported that the DPC has filed papers in the Circuit Court, in order for the court to confirm the fine. The purpose of this confirmation mechanism, which is required by the Data Protection Act (DPA) 2018, is to ensure that the DPC’s decision to impose a fine has due regard to fair procedures and constitutional justice.

Continue Reading Irish Data Protection Commission issues first GDPR fine