707 Publications

What is changing in each member's jurisdiction — enforcement, case law, new obligations.

707 articles

New white paper on the general data protection regulation from the danish ministry of justice

On May 24, 2017, the Danish Ministry of Justice published their long-awaited report on the Personal Data Regulation, which will establish the framework for the regulation of personal data in Denmark.

16 September 2017

The Greek Data Protection Authority issues an announcement on the need of certification of DPOs

As we get closer to May 2018 when the GDPR will enter into force, the discussions on whether organisations should appoint a DPO and what qualifications such person should meet have significantly increased.

14 September 2017

A Call for a European “Civil Code” of Digital Data

Amid the rush to be GDPR-ready, the former European Commissioner for Digital Economy and Society was campaigning for a comprehensive European “Civil Code” compiling EU rules on digital data. This call is as relevant today as ever.

12 September 2017

Cloud & vendors

Cloud Service Provider – processor, controller or both?

Cloud service providers (hereinafter referred to as the „CSP“) offer nowadays a wide spectrum of cloud computing services. Benefits of services provided by CSP include flexibility, efficiency, cost savings, or security and could be chosen to fulfil full variety of customer’s requirements. One of such a requirement could be processing of personal data.

31 August 2017

Certification and GDPR: Italy’s DPA Clarifications

The GDPR encourages (through the Member States, the supervisory authorities, the Board and the Commission) the adoption of data protection certification mechanisms and data protection seals and markings for the purpose of demonstrating compliance with the Regulation of processing operations by controllers and processors (see Article 42, paragraph 1).

25 August 2017

Cloud & vendors

Cloud Contracts: Impacts of GDPR on Joint Controllers

The GDPR clarifies the concept of “joint controllers”, which is of particular interest for the cloud computing community. Already introduced in Directive 95/46/EC of 24 October 1995 (1) on the protection of personal data, that concept is now further detailed by the General Data Protection Regulation (“GDPR”) (2), which will apply as of 25 May 2018. What does this has to do with cloud computing? The joint controller concept can actually apply to cloud computing more often than you think.

23 August 2017

GDPR implementation in Portugal

While studies show that there is a medium / high degree of awareness of the obligations and impacts of implementing the GDPR, the vast majority of entities affected have not yet begun the process of implementing effective measures to meet the requirements of the GDPR. Such delay occurs both in the private sector and in the public sector.

21 August 2017

Recent decisions of the Austrian Data Protection Office (DSB)

The article presents three interesting decisions on Austrian data protection law, in particular dealing with the scope of the right to access (1. and 2.) and the definition of video surveillance (3.).

19 August 2017

Cloud & vendors

Cloud Contracts: Impacts of GDPR on Processors

The GDPR clarifies the clauses to be contained in a data processing agreement. The new European Regulation does not change the concept of data processing, but impacts on the nature of the related obligations, which must translated into firm commitments in the cloud contract.

7 August 2017

Data protection and Luxembourg

At a time where the General Data Protection Regulation (“GDPR”) has been spoken and written about extensively in all European countries and where many companies are panic-stricken and wondering how to achieve compliance when it comes into force, including Luxembourg, it seems necessary to dedramatise the situation and to recall that the protection of data in Luxembourg is not a novelty.

4 August 2017

Enforcement & fines

Five Key Takeaways from the Recent Report on National Implementation of the GDPR in Finland

Right before the midsummer holidays, the TATTI working group appointed by the Finnish Ministry of Justice published its report on the national implementation of the EU General Data Protection Regulation (the “GDPR”) in Finland. The GDPR will be directly applicable in all EU member states as of 25 May 2018, but it allows certain derogations and additions to be made through national legislation. In its report, the working group proposes the Finnish Personal Data Act (523/1999) to be repealed and replaced by a new Data Protection Act that would complement the GDPR.

31 July 2017

Enforcement & finesLegislation

GDPR-Complementing Regulations Just a Hair’s Breadth Away

Introducing high administrative fines (a maximum of EUR 20 million or 4% of global annual turnover, depending on which is higher) and being surprisingly too close from directly affecting all EU citizens and companies soon, the General Data Protection Regulation (GDPR) has undoubtedly been the key theme of data protection discussions and debates over the past years. To apply as early as of 25 May 2018, the GDPR further introduces a number of new terms, concepts, rights and obligations imposed on personal data controllers and processors to be acknowledged and followed.

31 July 2017

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