EU

The start of a new year always brings New Year’s resolutions. If privacy by design is one of yours (just months after the Irish watchdog announced a €265 million fine for a breach of this concept, it seems reasonable to have it on your radar), 2023 is off to a good start with a new

The IAPP has gathered predictions from privacy professionals in 56 nations across six continents in their publication 2023 Global Legislative Predictions. Charles Helleputte and Diletta De Cicco provide their predictions for Belgium.
Continue Reading 2023 Global Legislative Predictions – Belgium

Congratulations to Privacy World’s Kristin Bryan and Stephanie Faber, recognized as Legal Influencers (Q3 and Q4, respectively) by Lexology. Both lawyers were recognized regionally in the Technology, Media and Telecommunications category (TMT), with Kristin being acknowledged for the US and Stephanie for Europe. Lexology Legal Influencers recognizes industry thought leaders each quarter who

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

SEC Accused of Violating FOIA Deadlines for Documents on Improper Database Access | Consumer Privacy World

LinkedIn’s Data Scraping

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Third Time Lucky or Schrems III? The European Union Data Pact with the US Moves One Step Closer (To

The European Commission (the “Commission”) published today its draft adequacy decision for the US (the “Draft Decision”). This paves the way for an institutionalized personal data transfer mechanism across the Atlantic to emerge (and already raises the prospects of it being under scrutiny again).

If your pre- holidays’ workload (that also includes the transition of your old SCCs to the new ones, another transfer duty, does not allow you to read the full 134-page Draft Decision, here is a little tour of what you need to know before it becomes final (and this might still take some time).
Continue Reading Third Time Lucky or Schrems III? The European Union Data Pact with the US Moves One Step Closer (To Be Challenged – Again)

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

English Courts’ Stance on Low-Value Data Breach Claims Continues to Harden, But There May be Hiccups Along the Way

In a decision on October 27, 2022, the European Court of Justice has clarified the operators’ obligations regarding consent and the right to object in relation to public directories and information services.

Legal Context

The ePrivacy Directive contains several provisions relating to public directories and information services of telecommunications operators.

In particular, EU Member States

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Still Time to Register – Webinar: Update Your Standard Contractual Clauses Before the Festive Season: Practical Tips to Generate

In December 2016, the “Sapin II” law introduced comprehensive mandatory whistleblowing schemes (amongst other things) for certain private and public sector organizations in France. This law became effective in 2018 and was amended in 2022 to transpose the “EU Whistleblower Directive.” The legal changes came into effect on 1 September 2022, and the implementation decree of 3 October 2022 took effect on 5 October 2022.

Scope

On 21 March 2022, France enacted a law (the Law) “aiming to improve the protection of whistleblowers” by making numerous amendments to the Sapin II law, as well as to the labor code, the public service code, the criminal code and other laws.

Consistent with the previous version of the Sapin II law, the new Law is not restricted to breaches of EU law, as provided for in the EU Whistleblower Directive, but extends to breaches of French law or a “threat or prejudice to the general interest.” The Sapin II law also separately provides for reporting on breaches to the company’s anti-corruption code of conduct.

The Law does not apply in cases where French or EU law establishes specific reporting regulations (notably as set out under Part II of the Annex to the EU Whistleblower Directive, covering EU law in the fields of financial services, AML-CFT, transport and environment).

Moreover, transposing the EU Directive, the new Law expands the types of information falling outside its scope to include information protected by the secrecy of judicial deliberations and judicial investigations, in addition to information protected by national defense secrecy, medical secrecy, and lawyers’ professional secrecy.

Continue Reading France Updates its Whistleblower Protection to Transpose the EU Whistleblower Directive