Personal Data

VIETNAM: First Personal Data Protection Decree passed – What you need to know

Authors: Carolyn Bigg, Amanda Ge, Venus Cheung, and Gwyneth To. Vietnam’s long-awaited, first-ever Personal Data Protection Decree (“PDPD”) has finally been passed and is scheduled to take effect from 1 July 2023 (save limited grace period exceptions). The PDPD is the first comprehensive data protection regulation consolidating Vietnam’s existing data protection regulatory framework (which is …

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Europe: Opinion of the Advocate General on presumed fault of the controller in case of unlawful third-party access to personal data

Authors: Verena Grentzenberg, Andreas Rüdiger, Ludwig Lauer In his Opinion of 27.04.2023 (C 340/21), the Advocate General of the European Court of Justice (“ECJ”) commented on the interpretation of the civil non-material right to damages pursuant to Article 82 (1) GDPR as well as on the requirements and the duty of disclosure of the technical …

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UK: New Data Protection and Digital Information Bill

Authors: Alexa Smith, James Clark, Robyn Palmer, Jamie Sanderson The UK Government has published its long-awaited ‘Data Protection and Digital Information Bill’. The Bill will reform areas of UK data protection and electronic privacy law, and will also introduce new regulatory frameworks, most notably in the field of digital identity verification. By amending the UK …

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CHINA: Navigating China Episode 15: Comprehensive New E-Commerce Rules Introduced

Authors: Carolyn Bigg, Venus Cheung Operators of e-commerce platforms, websites and apps in China, and those using third party e-commerce, social media or livestreaming platforms to sell their products and services in China, must update their operations, services and systems in advance of wide-ranging new rules. The Measures for the Supervision and Administration of Online …

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Hong Kong: Right to be Forgotten is declared “not a thing” in Hong Kong

Author: Carolyn Bigg Unlike Europe, the Personal Data (Privacy) Ordinance (“PDPO”) in Hong Kong does not have a stand-alone “right to be forgotten” (“RTBF”). However, over the past few years, there were commentaries suggesting that there is some basis under Hong Kong law that RTBF exists. This uncertainty has finally been resolved recently in a …

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Ireland: Irish Court of Appeal Clarifies Boundaries of Concept of Personal Data

Summary The Irish Court of Appeal has clarified the scope of the definition of personal data – noting that, while the definition is deliberately very broad, it does not facilitate access by an individual to reports stemming from a complaint for the sole reason that the complaint was made by that individual. On 1 July …

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Russia: Penalties for Violation of Data Localization Rules are Dramatically Increased

Many companies have scrambled to comply with Russia’s peculiar Data Localization Rules since their enactment in 2015.  While these rules apply to a wide range of companies handling Russian personal data both in Russia and abroad, the penalties for non-compliance were traditionally limited only to blocking of the data operator’s websites.  This somewhat abstract penalty, …

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