The United Arab Emirates (UAE) federal government has issued Federal Law No. 2 of 2019 on the Use of Information and Communication Technology (ICT) in Health Fields (“ICT Health Law”). The objectives of this law are to: ensure the optimal use of ICT in health fields; ensure safety and security of health data and information. […]
The European Data Protection Board (EDPB) last week adopted a paper clarifying the position in relation to data transfers between the EU and UK in the event of a no deal Brexit. The EDPB confirmed that if the UK exits the EU without a deal, then with effect from 30 March 2019 the UK will […]
Given the potential financial exposure under GDPR, it is no surprise that a great deal of time is being spent working out how to allocate the risk and liability when negotiating commercial contracts. Here is our take on the underlying law and the recent trends. Obligations – the source of liability Before we look at […]
On 23 January 2019, the European Commission adopted its decision finding that the level of data protection in the EU and Japan are equivalent. In parallel, Japan adopted its equivalent decision. It is the first time ever that such reciprocal adequacy decisions are adopted. These adequacy decisions create the world’s largest data area of safe […]
On 6 December 2018, the Australian Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 (Cth) (the Act) was rushed through both houses of Federal Parliament without amendment and received royal assent on 8 December 2018. According to its Explanatory Memorandum, the Act is intended to ‘introduce measures to better deal with the challenges posed […]
In a recent case, the Austrian Data Protection Authority (ADPA) decided for the first time on the permissibility of a consent for the use of cookies, as well as the concept of freely given consent under the GDPR. The case involves the cookie consent on the website of an Austrian newspaper. In this decision, the […]
The Local Court (Amtsgericht) Diez (in a final decision dated 7 November 18, case number 8 C 130/18) was the first German court – and as far as we know the first court EU-wide – to decide on a claim for immaterial damages under Art. 82 (1) GDPR. The main question was how to calculate […]
The Belgian DPA has released a first status update six months after the GDPR became applicable. Some interesting statistics relate to the number of data breach notifications and complaints received. In the six months since May 25th, the Belgian Data Protection Authority was notified of 317 data breaches (compared to last year when only 13 […]
