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EDPB publishes its first guidelines
The European Data Protection Board has published the final version of Guidelines on derogations in the context of international data transfers and Guidelines on certifications under the GDPR. Derogations under Article 49 of the GDPR are exemptions from the general principle that personal data may only be transferred to countries outside of the European Economic Area if an adequate level of data protection is provided for, or if appropriate safeguards have been adduced. Certification mechanisms are accountability tools that companies may choose to implement to demonstrate compliance with the GDPR. Further detail on the guidance will be published in the upcoming edition of Privacy & Data Protection.
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Directors could be made personally liable for nuisance calls in UK
Company directors could be made personally liable for nuisance calls leading to potential fines of up to £500,000 under new plans by the UK government and currently out for consultation. The ICO can currently only fine organisations for breaches of the Privacy and Electronic Communications Regulations. "For too long a minority of company directors have escaped justice by liquidating their firms and opening up again under a different name," said Digital Minister Margot James. "We want to make sure the Information Commissioner has the powers she needs to hold rogue bosses to account and put an end to these unwanted calls" she added. The consultation is open until 21st August.
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Barnier rejects UK Brexit position on data protection
The UK government's proposal for a special agreement with the EU on data protection has been rejected by the EU's chief Brexit negotiator. The UK's proposed agreement went beyond the standard adequacy approach that the EU has adopted with third countries for ensuring the free flow of personal data to those locations. It also provided for an ongoing role for the ICO on the European Data Protection Board, and the ICO's participation in the EDPB's 'one stop shop' framework for resolving data protection disputes of a cross border nature. The EU found this to be unacceptable. Michel Barnier said: "What is sometimes hard for the British to understand is that we don't want to negotiate, we don't want to compromise on who we are. They want to leave, it is their choice to leave."
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Facebook denies privacy breach claim
Facebook has rejected claims by the New York Times that its sharing of personal data with smartphone firms represented a breach of privacy pledges made to its members and a US regulator. The newspaper reported that the social network had given at least 60 device-makers access to users' friends' data without obtaining explicit consent. It added that in some cases, the details were stored on the firms' own servers. Facebook said that this was only done to help offer a mobile service, and that the circumstances were "very different" from those involved in the Cambridge Analytica scandal in which user data were used for different purposes.
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EDPB calls for adoption of e-Privacy Regulation
The European Data Protection Board is asking the European Commission, Parliament and Council to join forces to enact new e-Privacy rules as soon as possible now that the EU General Data Protection Regulation has gone into effect. The Board has offered advice on handling parts of the proposed e-Privacy Regulation, including the enforcement of consent requirements for cookies, ensuring privacy protections are in place for all forms of electronic communications including by "over-the-top" services, and obtaining user consent in an efficient manner before any data are processed.
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GDPR lacks clarity and threatens transatlantic trade, says US official
A lack of clarity around how new EU data protection laws apply poses a threat to EU-US trade, the US Secretary of Commerce has said. Writing in the Financial Times, Wilbur Ross criticised the guidance produced on the General Data Protection Regulation as being "too vague" and made an urgent call to EU authorities for "clearer rules and a more predictable regulatory environment to support investment and innovation". "As currently envisioned, GDPR's implementation could significantly interrupt transatlantic co-operation and create unnecessary barriers to trade, not only for the US, but for everyone outside the EU," Ross said.
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More in depth data protection news and articles...
Subscribe to two or more titles at the same time and receive a 15% discount off the cheapest journal.
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Keynote:
How the ICO will exercise its New Powers
James Dipple-Johnstone
Infomation Commissioner's Office (ICO)
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This year, the conference is dedicated to reviewing the practical implications of the General Data Protection Regulation, and to help organisations ensure they are compliant.
 The Long Term Viability of the Privacy Shield and Model Clauses
Eduardo Ustaran - Partner, Hogan Lovells
Some of the most commonly used methods to legitimise international data transfers are under serious scrutiny. For data exports to the United States, the Privacy Shield is an attractive option. But the constant challenges to the legality of the Shield, as well as the political climate, are questioning its survival. Commonly used tools like model clauses have also been challenged and will likely need to be revised. How can companies proceed in the uncertain world of data globalisation?
For more information and to book your place:
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Our professional and practical Training Courses enable delegates to understand the legal requirements in key areas of information and data protection compliance. Courses run throughout the year around the United Kingdom.
Here is a selection of courses taking place shortly:
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Organisations are legally required to notify a personal data breach to the national data protection authority unless the breach is unlikely to negatively impact individuals. Organisations are additionally obligated to inform affected, and potentially affected, individuals where the breach is likely to result in a high risk for the rights and freedoms of those individuals. This highly practical training session looks at the breach notification obligations in detail, including:
- the types of incidents that will trigger the requirement to notify
- actions that organisations should be taking now in order to prepare for a possible security breach
- incident response plans and opportunities to mitigate risk
- implications for data processors
- what the ICO, and other relevant regulators, expect organisations to do
- the requirement for an internal breach register and how to maintain it
- consequences of failing to notify breaches
It is recommended that delegates attending this session have a basic knowledge of current data protection legal requirements. Delegates with no existing knowledge may find it helpful to attend Data Protection Essential Knowledge Level 1 before attending this training course.
The next available dates for this course are:
- London Monday, 25th June 2018
- London Monday, 3rd December 2018
For further information and to make a booking,
- Visit PDP's website
- Telephone PDP at +44 (0)207 014 3399
- Download the PDF Training Catalogue
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Records Management 1
Organisations face increasing pressure to manage their records according to statutory and business requirements. As the use of electronic records and the deployment of electronic document and records management systems continue to increase, the core skills of the person responsible for records management become ever more important to the organisation. In many cases, appropriate data protection and FOI compliance will depend upon a good records management system.This invaluable training session, led by John Wilson, examines core concepts of good records management practice.Records Management 1 is an introductory level session that provides delegates with a thorough grounding in the fundamentals of records management, including:
- introduction - basic concepts
- records management tools
- records lifecycle approach
- designing a file plan
- records destruction
- legal framework / compliance
- management of electronic records and email
Upcoming dates for this training course are:
- London Tuesday, 17th July 2018
- Manchester Wednesday, 5th September 2018
- Edinburgh Thursday, 4th October 2018
For further information and to make a booking,
- Visit PDP's website
- Telephone PDP at +44 (0)207 014 3399
- Download the PDF Training Catalogue
Records Management 2
This course examines how to implement good records management practice. Led by John Wilson, Records Management 2 is an intermediate level session that provides a grounding in the fundamentals of records management, including:
- introduction - initiating a records management project
- records audit
- process mapping
- building a business classification scheme
- measuring performance
- EDRMS
- sustaining a records management programme
Delegates are encouraged to share their own experiences at the session. The day will be a mixture of presentation and practical exercises. There will be plenty of opportunity for questions.Upcoming dates for this training course are:
- London Wednesday, 18th July 2018
- Manchester Thursday, 6th September 2018
- Edinburgh Friday, 5th October 2018
A discount is available for delegates attending both the Level 1 and Level 2 sessions, as well as for multiple delegates attending from the same organisation.For further information and to make a booking,
- Visit PDP's website
- Telephone PDP at +44 (0)207 014 3399
- Download the PDF Training Catalogue
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Breaches of information security are consistently one of the top two reasons for data protection regulator enforcement action. And fines for breaches of security are usually higher than for other types of breaches.With mandatory breach notification under the GDPR and the significant uplift in potential monetary penalties, compliance professionals need to be suitably empowered with cybersecurity knowledge and awareness to assist their organisations to both mitigate ongoing data security risks and to deal with personal data breaches. It is also useful for compliance professionals to have a basic knowledge of cybersecurity terminology to facilitate effective communications with IT Team members.This session is prepared specifically in the context of the GDPR and the objective of compliance professionals dealing more assuredly and knowledgeably with cybersecurity within their organisations. Find out more...The course is taking place on the following dates:
- London Monday, 2nd July 2018
- Manchester Tuesday, 13th November 2018
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