Multiple ways in which the GDPR will be “enforced” abroad (spoiler alert: market is one of those)

The GDPR (the General Data Protection Regulation) has started its application on May 25, 2018[i]and applies “extraterritorially. Privacy practitioners and EU regulators alike have highlighted the advantages of GDPR compliance for organizations, such as better data management, enhanced protection against cyber-risks, competitive advantages, etc. Many companies share the same positive view. Some others see the GDPR […]

US discovery rules will likely override your EU privacy obligation: Plan ahead!

The E.D. Michigan held that despite European data protection laws that might restrict disclosure of personal information, a US litigant must comply with federal discovery rules even if that means producing documents stored in the EU.  Under EU Directive 46/1995 and the national implementation legislation,[i] personal information can only be processed according to privacy rules. Disclosure in […]

The (E)Discovery of Things: Privacy in Internet-Connected Devices

The Internet of Things has created discoverable data repositories not only out of cell phones but many other household items.  Smart watches calculate our steps and heart rates, and can contradict a claim of disability or injury.  Smart home devices track internal temperature and may contradict a spouse’s claim to have been home on a […]

What data controllers should do before receiving a subject access request

What data controllers should do before receiving a possible subject access request  As a data controller, you obviously know it: one day you may receive an access request from a data subject. Being available to promptly comply with the request when you receive it is far from being enough. Indeed, there is much more that […]

La disciplina di Google Analytics a cavallo tra Italia e Germania

Nel giugno del 2016, l’Autorità per la protezione dei dati personali (di seguito anche DPA) di Amburgo, in accordo con le altre presenti in Germania, si è occupata della compatibilità di Google Analytics con la normativa nazionale sulla protezione dei dati. Le indicazioni che sono emerse dal provvedimento dell’Autorità di Amburgo  appaiono a un primo […]

Privacy Shield certification does not mean compliance needs to extend beyond European data

When a US organization decides to self-certify under the EU-U.S. Privacy Shield, compliance with Privacy Shield principles becomes compulsory. This may be a problem for many US organizations because certain processing activities that they perform – which are perfectly lawful under American law — are unlawful under a Privacy Shield’s perspective. Why? And what to do? Let’s step […]

Who should you appoint as a DPO? The legal/tech/organizational savvy unicorn?

Article 37(5) General Data Protection Regulation (GDPR) does not list with particularity the professional skills that should be considered when designating the Data Protection Officer (“DPO”). It provides: The data protection officer shall be designated on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and the ability […]