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In its plenary meeting held in April 2017, Working Party 29 (WP29) examined certain critical matters regarding the implementation of Regulation 2016/679, the s.c. General Data Protection Regulation (GDPR). In that occasion, WP29 approved the Revised Guidelines on the right to “data portability”, wp242rev.01 (Revised Guidelines), substituting the Guidelines on the right to “data portability” (Guidelines). Data portability […]

Among the consequences of a data breach for an organization is the risk of personal liability for board members. Besides the prevention measures that can/must be taken to avoid hacking, directors and management should invest in training, procedures, detection, and response. Going in the specific, the following can help directors in case their company suffers […]

Among the consequences of a data breach for an organization is the risk of personal liability for board members. Besides the prevention measures that can/must be taken to avoid hacking, directors and management should invest in training, procedures, detection, and response. Going in the specific, the following can help directors in case their company suffers […]

What is this all about? The EU is in the process of reforming its existing data protection rules. These reforms have been moving slowly through the EU legislative pipeline but we seem now to be getting closer to a final agreement. Even though the expected implementation date of these rules is still likely to be […]

On 28 April 2020, the Belgian DPA sanction Proximus SA (previously Belgacom) for €50,000 on two basis:  non-cooperation under Article 31 of the GDPR and violation of Article 38(6) of the GDPR by appointing as DPO the director of one of its departments (Head of Compliance, Risk and Audit). The problem with the latter was conflict […]

    On January 25, 2019, the Illinois Supreme Court found that data subjects do not need to allege a concrete injury in order to sue under the Biometric Information Privacy Act (Act) (740 ILCS 14/1 et seq., BIPA). Contrary to the appellate court’s view, the Illinois Supreme Court found that “actual injury or adverse […]

On November 2, 2016, the Federal Communications Commission (“FCC”) published a Report and Order entitled “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” (“Order”) as a final rule in the Federal Register. The Order applies the privacy requirements of the Communications Act of 1934 as amended (“Act”) to broadband Internet access service (BIAS) […]

The US Court of Appeals for the Third District confirmed that the Federal Trade Commission (FTC), does have authority to bring an unfairness claim involving data security breach without formally issuing regulations before bringing such claims. Background. As reported here, after several data breaches the FTC alleged that Wyndham “failed to provide reasonable and appropriate […]

The recent decision of the European Court of Justice in Google Spain SL v Agencia Española de Protección de Datos is a good opportunity to compare the obligation of search engines with reference to the search results in Europe and United States. The ruling of May 13, 2014, holds that all European citizens have a […]

The recent decision of the European Court of Justice in Google Spain SL v Agencia Española de Protección de Datos is a good opportunity to compare the obligation of search engines with reference to the search results in Europe and United States. The ruling of May 13, 2014, holds that all European citizens have a “right to […]