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The European Commission has published an infographic on compliance with and enforcement of the GDPR since from May 2018 to January 2019. The infographic reveals some interesting statistics, including:

  • 95,180 complaints have been made to EU national data protection authorities (DPAs) by individuals who believe their rights under the GDPR have been violated. The majority of these complaints concerned telemarketing, promotional emails, and video surveillance/CCTV.


Continue Reading European Commission publishes statistics on GDPR enforcement activities

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The UK Court of Appeal has dismissed an appeal against the High Court’s decision that Morrisons is vicariously liable to 5,000 employees for misuse of their personal data by a rogue employee.

The decision is causing shockwaves amongst businesses, as it shows that a company may be held vicariously liable for a data breach caused

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Speaking at A&L Goodbody’s breakfast seminar, ‘GDPR The Last Lap‘, Anna Morgan, Deputy Data Protection Commissioner, has warned that companies who ‘over-report’ and adopt an overly conservative approach to the GDPR’s breach notification requirements may risk enforcement action from the Data Protection Commission (DPC).

Continue Reading Over-Reporting Data Breaches to Data Protection Commission may result in enforcement action, warns Deputy Data Protection Commissioner

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The European Commission (EC) has issued a notice reminding stakeholders that due to the UK’s intention to leave the EU, they will be considered a ‘third country’ for the purposes of data transfers from 10 March 2019 (available here).

Continue Reading European Commission reminds stakeholders that UK is a third country for data transfers from 10 March 2019

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In its recent Report on the Privacy Shield, the Article 29 Working Party (WP29) recognised the progress of the Privacy Shield in comparison with the invalidated Safe Harbour, and the efforts made by the U.S. authorities and the Commission to implement the Privacy Shield. However, the WP29 identified a number of concerns. Like the European Commission (EC), in its first annual review of the EU-US Privacy Shield, the WP29 called for the appointment of a permanent Privacy Shield Ombudsperson (and further explanation of the rules of procedure including by declassification), and filling the remaining positions on the Privacy and Civil Liberties Oversight Board (PCLOB).  The WP29 requested these concerns to be prioritised and addressed prior to 25 May 2018, when the GDPR comes into force.

The WP29 further called for clear guidance on the Privacy Shield Principles, HR data and onward transfers, and increased supervision of compliance with the Privacy Shield principles.  The US authorities are also requested to clearly distinguish the status of processors from that of controllers both at the time of their self-certification and at the time of further check.  The WP29 demands these remaining issues to be resolved, at the latest, at the time of the next annual review of the Privacy Shield. If no remedies are brought to address the concerns raised by the WP29 within these time frames, the WP29 warned it will bring the Privacy Shield adequacy decision to the national courts for them to make a reference to the Court of Justice of the European Union (CJEU) for a preliminary ruling.


Continue Reading What’s the current status of the Privacy Shield?

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We have updated our GDPR Guide for Businesses to take account of new EU regulatory guidance. The guide is a ‘living document‘, which we will expand as more regulatory guidance is published.

The EU Article 29 Working Party has published guidance on a number of key changes introduced by the GDPR, including: administrative fines,

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At its plenary meeting this month, the WP29 adopted the final version of its Data Protection Impact Assessment (DPIA) guidelines.

It also adopted draft guidelines on data breach notification and profiling, and administrative fines, which will be open for public consultation for 6 weeks before their final adoption. The guidelines are expected to be

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The UK Information Commissioner’s Office (ICO) is consulting on draft GDPR guidance on contracts and liabilities between controllers and processors. The guidance seeks to help organisations understand what must be included in contracts under the GDPR, and the new responsibilities and liabilities of processors.

Continue Reading ICO opens consultation on draft guidance on controller/processor contracts and liabilities

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The EU Council has proposed amendments to the draft ePrivacy Regulation (the Regulation). The Presidency points out that work on the text will be incremental and this is only its first redraft.

Proposed amendments include:

Scope – The Presidency clarifies the precise material and territorial scope of the Regulation, as including:

  • the processing of electronic communications content in transmission, and of electronic communications metadata carried out in connection with the provision of electronic communications services to end-users in the EU;
  • information related to, processed by, or stored in the terminal equipment of end users located in the EU;
  • the placing on the market of software permitting electronic communications, including the retrieval and presentation of information on the internet;
  • the offering of a publicly available directory of end-users of electronic communications services located in the EU, and
  • the sending or presenting of direct marketing communications to end users located in the EU.


Continue Reading EU Council proposes revisions to the draft ePrivacy Regulation

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Employee monitoring versus privacy rights is back in the spotlight due to today’s decision by the Grand Chamber of the European Court of Human Rights (ECHR) in Bărbulescu v. Romania.  The Grand Chamber held there had been a violation of Article 8 of the European Convention on Human Rights, where an employer monitored and accessed personal emails sent by an employee during work hours from his Yahoo Messenger account, using a company computer, without notifying the employee in advance of such monitoring.

Continue Reading ECHR rules employees must receive prior notice of email monitoring