It has been almost two years since the Privacy Shield was struck down as a valid data transfer mechanism in Schrems II. Many have been wondering “what’s next”? Will there be a replacement framework? When will that be released? Will the replacement be invalidated? Well, the European Commission and US recently announced an “agreement in principle” to replace the EU-US Shield Privacy Shield. The EDPB also recently released a statement welcoming the announcement, but reminding companies that the announcement is not actually a legal framework. Thus, nothing has changed… yet.

Continue Reading Waiting on a new EU-US Privacy Shield

The Belgian Data Protection Authority (APD) recently released a draft decision imposing a €250,000 fine ($285,000) on the provider of a consent mechanism that operates within a real-time ad bidding program. The ad bidding program, OpenRTB, allows advertisers to place online ads through an automated online auction of available ad space. Thousands of advertisers can bid on space in real time, through a fairly complex process involving many different entities (a schematic of the process was included by the ADP in its decision on page 9). The case first arose in 2019, and after several interim decisions the ADP has now held in this draft decision, among other things, a two month deadline for IAB Europe to present a remediation plan to the ADP. The case was one with cross-Europe impact, and thus the ADP’s decision has been sent to its European counterparts for feedback.

Continue Reading Interactive Advertising Bureau of Europe Fined By Belgian DPA for GDPR Violation

Following a similar case from Austria, the French data protection authority recently concluded that certain use of cookies placed by US data analytics tools violated GDPR. The case came before the CNIL as the result of a complaint filed by “None of Your Business,” the non-governmental organization created by Max Schrems.

Continue Reading CNIL Recommends Using US Analytics Tools Only for Anonymous Statistical Data

The Portuguese data protection authority issued a recent resolution ordering the Portuguese National Institute of Statistics (or INE) to stop sending personal census information to any countries outside of the EU that do not provide “adequate” levels of data protection. Among those countries are the United States.
Continue Reading Portugal Puts Halt on Data Transfers Between INE and Cloudflare

Throughout 2020, companies have been negotiating with their business partners the issue of “selling” under CCPA. Is the partner a service provider? A third party? Is there an exchange of consideration? These issues will not likely go away in 2021, especially as we turn to addressing the CCPA modification, CPRA.
Continue Reading 2020 In Review: Exchanging Data With Business Partners

The EDPB has provided input about consent in its recent FAQs responding to the Schrems II invalidation of Privacy Shield. As we wrote about previously in this series, Schrems II impacted how companies transfer data from the EU to the U.S..  As background, under GDPR, consent from the individual can be relied on to transfer information from the EU to an entity outside of the EU’s borders if three conditions exist. The EDPB reminded companies of these three conditions in its FAQs, drawing on prior guidance about consent:
Continue Reading Schrems II Fallout Continued: Can Companies Rely on Consent?

As many who have been tracking CCPA are aware, the law requires training employees who handle consumer inquiries, and ensuring that employees understand how to help consumers exercise their rights. Since most of those rights requests are arriving by web page, email, and phone, it is unlikely that rights requests will slow in the face of COVID-19. Indeed, it is possible that they may increase. Employees will thus still need training, something many companies had anticipated doing in-person.

Coronavirus

Continue Reading Turn On the Camera Part Three: Fulfilling CCPA Training Obligations in the Face of COVID-19

As we get settled into the reality of living with both CCPA and GDPR, companies are looking for new approaches for keeping their privacy houses in order. CCPA reminds us that there is no end to new legislation: proposals are already coming in from states as varied as Nebraska, New Hampshire and Virginia. Similar legislative trends exist around the globe. How can companies be prepared to address this ever shifting legislative landscape? There are a few essential steps privacy officers can take, including (1) aligning the privacy team’s efforts with the underlying corporate mission, (2) having a clear understanding of both the company’s data and its use practices, and (3) having infrastructure in place that will allow for updates to notices and rights.
Continue Reading Getting Prepared for a Decade of Privacy

The European Data Protection Board is seeking comment about proposed guidelines that impact websites that provide online services. This might include services a user pays for, or where the fee is indirect (the services being funded through advertising dollars, for example). The EDPB guidance points out that these services typically fall under the provision of GDPR that permits processing of personal information when it is “necessary to perform a contract.” In that regard, the guidance attempts to scope out processing that is necessary in the contractual realm. Information might be processed under one of the other legal basis that exists under GDPR, as the EDPB highlights throughout the guidance, including legitimate interest and consent. This guidance thus provides businesses with ideas about when processing might fall under the “necessary for a contract” basis as opposed to another legal basis.
Continue Reading EDPB Seeks Comment On Online Services Guidance

The Washington Privacy Act (SB 5376) is making its way through that state’s House after gaining nearly unanimous approval in the state Senate just weeks after being introduced. This bill promises to overhaul how Washington protects the personal information of its residents. The proposed Act closely mirrors the California Consumer Privacy Act of 2018 (CCPA) and is expressly modeled around the European General Data Privacy Regulation (GDPR) that went into effect last May. Despite borrowing heavily from these current regimes, the Washington Act is adding its own twists on privacy standards.
Continue Reading Washington State’s Comprehensive Privacy Law Bill Continues to Navigate Through State Legislature

It’s hard to believe that it has been a month since GDPR took effect. Since May 25, the sky has not fallen, nor have we seen widespread lawsuits or regulatory scrutiny. For those companies who are still working towards compliance with this new EU law, a round up of guidance from various EU regulators may be helpful. In the UK, the ICO maintains information on its site, including an assessment toolkit. In France, the CNIL also has useful tools in English for companies, including updates to its privacy impact assessment software. In Spain, the data protection agency has issued guides (in Spanish), including for breaches, impact assessments, and risk assessments.
Continue Reading GDPR Celebrates One Month Anniversary