Thursday, April 15, 2021

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UK’s National Cyber Security Centre Offers Small Businesses Free Customized Cybersecurity Recommendations

Small businesses can receive customized advice on improving their cybersecurity from the “Cyber Action Plan,” a new free online service from the UK’s National Cyber Security Centre. The tool uses a short questionnaire to assess a company’s current cybersecurity strategy and to customize its recommendations. Potential advice includes building a backup strategy and regularly updating […]
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Measuring the Reach of GDPR, How Far Is Far Enough?

It’s generally recognized that the General Data Protection Regulation (GDPR) can apply to entities outside the European Union. However, scant court rulings guide non-European controllers and processors on this question. The English High Court’s recent decision in Soriano v. Forensic News LLC and others (2021) helps fill the gap. In the case of Soriano, the English High […]
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UK High Court Imparts GDPR Risk Insight For US Companies

On January 15, the High Court of England and Wales issued a decision in Soriano v. Forensic News LLC interpreting and applying Article 3 of the EU General Data Protection Regulation — the provision that gives the EU’s strict data protection law its extraterritorial reach and sets it apart from similar laws around the globe. […]
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A New Day for GDPR Damages Claims in Germany?

Until now, damages claims awarded by German courts pursuant to Article 82 of the General Data Protection Regulation (“GDPR”) – in particular, claims for non-material damages – have been relatively low.  This restrained approach thus far has been predicated primarily on the position that German law requires a serious violation of personality rights to justify […]
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GDPR Trends in 2020 Offer Lessons for 2021

Nick Palmieri of Baker Botts notes that after a relatively low number of enforcement actions in 2019, there was a drastic increase by DPAs across the EU in 2020, issuing 318 fines out of the total of 471 fines overall so far. Looking at other patterns and trends from 2020, Palmieri warns that firms need […]
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New European Data Protection Board (EDPB) Guidance Highlights – But Leaves Unresolved – Several...

Last week, the European Data Protection Board released new guidance on the application of the General Data Protection Regulation to health research. The guidance was issued in the form of answers to questions posed by the European Commission, the executive branch of the European Union. The EDPB did not answer substantively many of the questions […]
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EDPB Publishes Draft Guidelines on Data Breach Notification Examples

On January 18, 2021, the European Data Protection Board (“EDPB”) published its draft Guidelines 01/2021 on Examples regarding Data Breach Notification (“Guidelines”) (available here).  The Guidelines aim to assist data controllers in responding to and assessing the risk of personal data breaches, providing “practice-oriented, case-based guidance” which draws from the experiences of European supervisory authorities […]
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Kazakhstan Strengthens Data Privacy Toward GDPR Model

Kazakhstan has made a number of changes to its data privacy regulations. Effective in January: Companies most notify the Ministry of Digital Development, Innovations and Aerospace Industry about any data breaches giving access to personal data, analogous to a requirement of the EU’s GDPR. Personal data should be stored locally within the borders of Kazakhstan. […]
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Ireland Reportedly Planning €50 Million Penalty Against WhatsApp

If it passes review by other EU agencies, Ireland’s data protection agency could fine WhatsApp as much as €50 million ($60 million), potentially one of the largest-ever fines under the General Data Protection Regulation. Whatsapp also could be required to change how it handles its users’ data, as the case relates to whether the messaging […]
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EU Has Imposed Fines of €272.5 million for GDPR Breaches Since 2018

DLA Piper reports that EU regulators have imposed a total of €272.5 million (about $330 million) in GDPR fines since implementation in May 2018. Almost €160 million of that has been imposed since January 2020, an increase of 39 percent over the longer period from May 2018 through December 2019. The largest single fine was […]
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