European Commission publishes new draft Article 28 clauses for consultation

Alongside, and perhaps in the shadow of, the European Commission publishing its long-awaited draft new Standard Contractual Clauses (the “New SCCs”) to address the restrictions imposed by the GDPR in relation to making international transfers of personal data  (for further details see our blog post here), the European Commission has also published a set of … Read more

China Cybersecurity and Data Protection: What you need to know about China’s draft Personal Information Protection Law

Mid-October marked the start of the formal legislative approval process for China’s proposed new law on personal information protection. The milestone draft Personal Information Protection Law (PIPL) underwent is first reading by the Standing Committee of the 13th National People’s Congress and was released for public consultation on 22 October 2020. For further details on … Read more

European Commission publishes new draft Standard Contractual Clauses for consultation

Hot on the heels of the EDPB’s guidance on ‘supplementary measures’ with respect to international data transfers as a result of the Schrems II judgment (for further details see our blog post here), the European Commission has now published its long-awaited draft new Standard Contractual Clauses (the “New SCCs”) for consultation. Legal Background Chapter V … Read more

EDPB ISSUES SCHREMS II GUIDANCE ON ENSURING COMPLIANCE FOR DATA TRANSFERS

The Schrems II judgment from the Court of Justice of the European Union (read our blog post here) raised the bar for transfers of personal data to third countries by making clear that where Standard Contractual Clauses (“SCCs”) are being used, a level of due diligence needs to take place before any transfer can be … Read more

A change in approach to subject access? ICO Publishes Updated DSAR Guidance

Summary The ICO (the UK privacy regulator) has updated its guidance on data subject access rights, and the revised guidance appears to be aimed at giving organisations practical advice on managing and responding to subject access requests by including further detail and examples. Although the revised guidance has not changed dramatically, it is fair to … Read more

HOW TO CALCULATE A GDPR FINE – THE PROPOSED ICO WAY

The Information Commissioner’s Office in the UK (the “ICO”) has published for consultation its draft statutory guidance setting out how it will regulate and enforce data protection legislation in the UK. The document explains all of the ICO’s key powers (including information notices, assessment notices, enforcement notices and penalty notices). Perhaps most interestingly for organisations, … Read more