UK: The perils of indirect marketing consents

A credit broker has been fined £120,000 by the Information Commissioner’s Office (“ICO”) under section 55A of the Data Protection Act 1998 for sending millions of marketing texts, all of which were sent without proper consent. The news was released on the ICO’s website on 15 February 2017 as an investigation had revealed that Digitonomy …

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CHINA: new Cybersecurity watchdog suggests greater compliance challenges ahead for overseas companies in China

Developments this month continue to signpost a more challenging compliance environment ahead for non-Chinese technology companies and those operating online in China. The Chinese Government’s continued scrutiny over cyberspace continues apace, with the announcement of a new cybersecurity watchdog. As well as monitoring cybersecurity threats and co-ordinating national cyberspace policy and practices, of greatest significance …

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Permanent link to this article: http://blogs.dlapiper.com/privacymatters/china-new-cybersecurity-watchdog-suggests-greater-compliance-challenges-ahead-for-overseas-companies-in-china/

AUSTRALIA: Mandatory data breach reporting comes to Australia

By Peter Jones (Partner, Sydney) and Josephine Gardiner (Associate, Sydney) After a gestation period that would make African Bush Elephants proud, it is finally here… It would be an understatement to say that data breach notification laws have been on the table for some years in Australia. The long-awaited mandatory data breach laws, which passed …

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Permanent link to this article: http://blogs.dlapiper.com/privacymatters/australia-mandatory-data-breach-reporting-comes-to-australia/

POLAND: GIODO special team publishes the “Proposed procedures before the Inspector General”

By Damian Karwala (Senior Associate, Warsaw) The Polish Data Protection Authority, GIODO (Generalny Inspektor Ochrony Danych Osobowych), as well as data controllers and data processors in Poland are currently preparing for the General Data Protection Regulation (GDPR). Among other things, GIODO has recently proposed that Administrators of Information Security (so-called “ABIs”, or Administratorzy Bezpieczeństwa Informacji – the Polish …

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Permanent link to this article: http://blogs.dlapiper.com/privacymatters/poland-giodo-special-team-publishes-the-proposed-procedures-before-the-inspector-general/

JAPAN: Supreme Court rules on “right to be forgotten”

Despite signs in recent years that a so-called “right to be forgotten” had been introduced in Japan, the Supreme Court of Japan has recently refused to enforce such a right against a search engine in Japan, thus questioning just how far this right exists and extends in Japan. In a landmark case in October 2014, …

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Permanent link to this article: http://blogs.dlapiper.com/privacymatters/japan-supreme-court-rules-on-right-to-be-forgotten/

UK: Implementation of the Network and Information Security Directive

By Ross McKean (Partner, London) and Linzi Penman (Associate, Edinburgh) With the annual cost of cybercrime and cyber espionage to the world economy estimated in the hundreds of billions of dollars and accusations from various Western governments and law enforcement agencies that a sustained campaign of cyber-attacks targeting democracy and critical infrastructure is being carried out …

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Permanent link to this article: http://blogs.dlapiper.com/privacymatters/uk-implementation-of-the-network-and-information-security-directive/

HONG KONG: new guidance on privacy protections for IoT

Those involved in the IoT industry in Asia should take note that data protection compliance can no longer be ignored in favour of rapid technological and market opportunities. Even though many data protection laws – including in Hong Kong – were drafted in the days of filing cabinets, cutting edge technologies in today’s digital world …

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DLA Piper Italy and AIGI event on the General Data Protection Regulation

DLA Piper Italy and AIGI will run an event on how the General Data Protection Regulation will impact the business of companies on 16 February 2017.

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Europe: Artificial Intelligence, what can we learn from the GDPR?

Connected devices that exchange substantial volumes of data come with some obvious data protection concerns. Such concerns increase when dealing with artificial intelligence or other devices/robots that autonomously collect large amounts of information and learn though experience. Although there are not (yet) specific regulations on data protection and artificial intelligence (AI), certain legal trends can …

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UK: Government Outlines Strategy for Post-Brexit Data Transfers and Privacy Standards

The UK Government has today published a white paper setting out its approach to the forthcoming negotiations on exiting the European Union, and its vision for a ‘post-Brexit’ settlement.  In a chapter entitled ‘Ensuring free trade with European markets’, the white paper outlines the Government’s intention to retain data protection standards in the UK which …

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