LinkedIn Ireland has been fined 310 million euros by the Irish Data Protection Commission (DPC) for breaching several key provisions of the GDPR. The DPC issued this fine following a two-year investigation, which began in 2021. In particular, the investigation focused on LinkedIn’s processing of personal data for the purposes of behavioural analytics and targeted […]
data protection
Online Proctoring and Data Protection in Germany and France
Online proctoring refers to the use of digital tools and technologies to remotely monitor students during online exams. This technology typically involves video and audio recording capabilities such as screen and web traffic recording, room recording, periodic desk scans and sometimes methods such as biometric recognition to reduce the potential for academic dishonesty and maintain […]
UK Data Protection Commissioner (ICO) launched a Data Protection Audit Framework
The ICO has recently issued an instrument to support organisations in verifying data protection compliance. The online audit toolkits can be used to conduct both consensual and compulsory audits. The toolkits are designed for organization personnel having familiarity with data protection compliance or data protection professionals (for example: senior management, the data protection officer, internal […]
Unsolicited Email Marketing – Ensuring compliance worldwide
In today’s interconnected world, businesses increasingly depend on email marketing to effectively expand and engage their international customer base. However, when sending unsolicited emails internationally, balancing data protection obligations and the requirements of local laws is crucial for maintaining compliance. This article delves into best practices, outlines the most appropriate legal bases, and examines the […]
EDPB publishes opinion on the “Code of Conduct for Service Providers in Clinical Research” submitted by EUCROF
According to Art. 40 GDPR, associations and other bodies representing categories of controllers or processors are encouraged to prepare codes of conduct, or amend or extend such codes, for the purpose of contributing to the proper application of the GDPR in specific sectors. When such codes of conduct – or amendments to existing ones – […]
CJEU Broadens Definition of Health Data in Pivotal GDPR Ruling
The Court of Justice of the European Union (CJEU) has recently issued a landmark decision (C-21/23 “Lindenapotheke”) that expands the interpretation of what constitutes health data under the General Data Protection Regulation (GDPR). This ruling has significant implications for businesses, especially those involved in the sale of medicinal products online. A Wider Scope of Health […]
A Trip to Canada’s Data Protection Landscape
As we are entering into autumn, most people are traveling the world again. Some prefer a few quiet weeks at the beach, while others are seeking adventures climbing mountains and jumping off cliffs. Nerds like me however, like to discover the curiously wild landscape of Canada’s data protection laws. It keeps us lawyers constantly on […]
How to verify the implementation of Binding Corporate Rules? The CNIL published a monitoring tool
A number of multinational companies operating across multiple jurisdictions and sharing personal data between different countries, have adopted Binding Corporate Rules (BCRs) as a transfer mechanism under Art. 47 of the General Data Protection Regulation (GDPR). BCRs are internal data protection compliance rules to ensure that personal data transferred between their entities, particularly from the […]
Case Analysis: A Landmark Cross-Border Data Transfer Dispute in China
In a significant ruling that underscores the growing emphasis on personal data protection in China, the Guangzhou Internet Court recently concluded a case involving cross-border data transfer violations under the Personal Information Protection Law of the People’s Republic of China (PIPL). The case, titled (2022) Yue 0192 Min Chu 6486, saw Mr. Z, a Chinese […]
US Senate passes Kids Online Safety Act
My kids are growing and so are the worries that I have regarding their use of technology and the internet. In my article, Technology and Children – U.S. Courts Place Injunctions on State Laws for Unconstitutionality, in October 2023, I discussed recent U.S. court injunctions against state laws aimed at protecting children online, citing constitutional […]
Understanding the EU AI Act: What Your Company Needs to Know
AI (Artificial Intelligence) is becoming a big part of how businesses operate. But with this technology comes new rules that companies must follow. The EU AI Act, effective since August 1st 2024, is one of these important new rules. If your company uses or develops AI, it’s important to know what this means for you. […]
Swiss-U.S. Data Transfers: New Framework solves Privacy Hassles, finally!
Starting September 15, 2024, transferring personal data from Switzerland to the United States will become significantly easier, thanks to a new framework approved by the Swiss Federal Council. This marks a significant shift, allowing these data transfers to rely on an adequacy decision rather than the more complex Standard Contractual Clauses (SCCs). Until this decision, […]
GDPR Breach due to Health Data Leak results in 80,000 euro fine for Private Clinic
A private clinic specializing in assisted reproductive technology (ART), experienced a significant data breach due to a cyberattack. The breach compromised the personal data of approximately 400 individuals, including patients and employees. The affected data included identity, contact information, financial details, and sensitive health and genetic information. Even though the breach was detected on 21 […]
PIAs and DPIAs: A Two-Step Process to GDPR Compliance
If you work in a company in the European Union or the UK you have probably heard your fair share about data protection. From HR to Sales, personal data infiltrates almost every aspect of a company. One of the biggest tasks under the General Data Protection Regulation (GDPR) is collecting all the information required and […]
Why Canada is facing more Cyberattacks than ever
Ignorance is bliss, they say, but this is definitely not true when it comes to data protection and data security. Our daily lives revolve more and more around the online world (home office with video conferences, online banking, social media and the list goes on). This, most certainly, comes with a lot of amenities. However, […]