Polish DPA imposes first GDPR fine for breach of duty to inform data subjects

On March 26, 2019, Urzędu Ochrony Danych Osobowych (UODO), the Polish Data Protection Agency (DPA) imposed a fine of around $250,000 on a company for failure to fulfill its information obligation as a controller. The UODO explained that the controller did not meet the information obligation (Art. 14 (1) – (3), GDPR) in relation to […]

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Dutch DPA is the first European DPA to publish fining policy under GDPR

On March 14, 2019, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, DPA) published on Netherlands Official Gazette its own General Data Protection Regulation (GDPR) fining policy. It is the first European Union (EU) country to do so. Article 83, GDPR, provides that DPAs can issue to controllers and processors “effective, proportionate and dissuasive” administrative fines […]

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Spanish DPA publishes survey on device fingerprinting

  On February 2, 2019, the Spanish Data Protection Agency (AEPD) published a Survey on Device Fingerprinting. (“Survey“) “Device fingerprinting is the systematic gathering of information on a specific remote device with the aim of identifying, singling out and, thus being able to monitor its user’s activity for the purpose of profiling.” The data set […]

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Italian law defines blockchain and smart contracts

  On February 12, 2019, Law no. 12/2019, converting into law the so called Decreto Semplificazioni (“Simplification Decree”), Legislative Decree No. 135/2018 was published on the Italian Official Gazette no. 36/2019. Among other provisions, the Simplification Decree defines the concept of “technologies based on distributed ledgers (blockchain)” and “smart contracts”. “Technologies based on distributed ledgers” are technologies and […]

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European Commission’s update on GDPR after 8 months of its application (with list of member states’ harmonization laws)

  On January 25, 2015, the European Commission released a statement with an update about the effects of the adoption of Regulation 2016/679/EU (GDPR). See: Joint Statement by First Vice-President Timmermans, Vice-President Ansip, Commissioners Jourová and Gabriel ahead of Data Protection Day Since its entry into force on May 25, 2018, “citizens have become more […]

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After Alabama passed its data breach law, there is no American jurisdiction without a data breach statute

On March 28, 2018, Alabama was the last State, after South Dakota, to adopt a data breach notification statute. The Alabama Data Breach Notification Act of 2018 (S.B. 318) went into effect on June 1, 2018. According to the Alabama Statute, any “covered entity” and “third-party agent” must comply. Written notification must be made to all affected […]

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NY A.G. settled with five companies whose mobile apps were not secure

On December 14, 2018, New York Attorney General Barbara D. Underwood announced settlements with Western Union Financial Services, Inc., Priceline.com, LLC, Equifax Consumer Services, LLC, Spark Networks, Inc., and Credit Sesame, Inc., “for having mobile apps that failed to keep sensitive user information secure when transmitted over the Internet.” No fraud had happened with those […]

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CNIL publishes guidance on data transfer to third parties for electronic prospecting

On December 28, 2018, the French Data Protection Agency, the Commission Nationale de l’informatique et des Libertés (CNIL) published several principles to help companies comply with the General Data Protection Regulation (GDPR) while transferring personal data to their commercial partners for electronic prospecting. Particularly, the CNIL highlights how: the data subject must give consent before the […]

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