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Weekly Data Privacy Alert - 14 September 2015

EU

EU-US Data Protection “Umbrella Agreement” Finalised

The EU-US “umbrella agreement” has been agreed between EU and US negotiators, providing a data protection framework for personal data transfers for law enforcement and terrorism purposes. This agreement is intended to guarantee a high level of protection to personal data when it is transferred to law enforcement authorities in the US, and, in particular, provides that EU citizens will have the right to enforce their rights in their own personal data in US courts. The umbrella agreement has been initialled and will be formally signed once the US Congress has passed the Judicial Redress Bill.

European Commission’s press release

UK

ICO Provides Guidance on Preparing for the New EU Data Protection Regulations

The Information Commissioner’s Office (ICO) has provided preliminary guidance on the steps that UK businesses can take now to prepare for the forthcoming reforms to the European data protection legislation. The ICO anticipates that the Regulation will be adopted around June 2016 meaning that it will be in force from the latter half of 2018. The ICO recommends that businesses ensure they are compliant with the current legislation now and to start considering the impact to their line of business of the proposed legislation to ensure that they are prepared.

ICO blog

Germany

Conference of German Data Protection Officers Calls for Improvement of General Data Protection Regulation

In a recent statement, the Conference of the Data Protection Officers of the Bund and the Laender called for several improvements of the General Data Protection Regulation. The Conference appealed to the trilogue partners to pay particular attention to the following issues: data economy as a goal, no weakening of the principle of purpose limitation, requirement of express consent, no limitation of information rights, better limitation of profile building, obligatory appointment of data protection supervisors in all European state agencies and private companies as well as better control of data transfers to state agencies and courts in third countries. The General Data Protection Regulation should guarantee better, or at least the same, protection standards compared to now.

Higher Administrative Court: Advertising Calls Under the Pretext of a Satisfaction Survey Are Illegal

The Higher Administrative Court of Berlin-Brandenburg has ruled that surveys of subscriber satisfaction by telephone may not be used for obtaining consent to advertisement of other company products via telephone, email or sms, unless the subscriber consented to such a use of his or her telephone number when concluding the subscription. The Court hereby followed the ruling of the Administrative Court of Berlin and the Berlin Data Protection Officer, Dr. Alexander Dix, who had interdicted a media company from disguising advertising calls as a satisfaction survey.

Bavarian Data Protection Office: Company Sales Are Also About Data Protection

The Bavarian Data Protection Office announced that it has imposed a fine of tens of thousands of euros on the seller and the buyer of a Bavarian company (online shop) for breaching customers’ privacy rights. Thomas Kranig, the Office President, said that in the course of asset deals customers’ personal data was often being sold under breach of privacy law and that the Bavarian Office is going to impose fines also in further suitable cases in order to improve sensitivity on this issue. The Bavarian Office reminded that fines can amount to €300,000.

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About this Author

Mark Gleeson, Data Protection, Privacy, attorney, Squire Patton Boggs law firm
Partner

Mark is a partner in London specialising in data protection, privacy and freedom of information.

Mark has considerable experience of advising leading private and public sector organisations, both nationally and internationally, on information law. He advises on both a compliance and strategic basis. 

He has advised on and managed a large number of multi-jurisdictional data projects. 

He has particular expertise in advising on the exploitation and monetisation of information including the use of data including behavioural and location information....

+44 20 7655 1465
Annette Demmel, Information Technology Attorney, Squire Patton Boggs Law Firm
Partner

Dr. Annette Demmel is a partner in our Data Privacy & Cybersecurity Practice Group in Berlin. For 20 years, Annette has advised national and international businesses in privacy law, technology law, telecommunications law, intellectual property law, media law and competition law.

In particular, she leads the implementation of privacy compliance programs and centralized software systems, and provides advice on policy and regulatory issues arising in the electronic communications and internet sectors. Annette also advises clients on legal issues relating to profiling and online marketing business models.

She often acts as an external data protection officer. She also represents our clients in both in court and out-of-court disputes, often in matters involving cross-country issues.

  • Advising a multinational company on the outsourcing of the group IT services; negotiations with local Works Councils regarding privacy and co-determination rights with regard to cloud services and centrally managed solutions.
  • Project management for a multinational company on the implementation of privacy compliance solutions involving newly acquired companies in 20+ countries.
  • Advising a major international advertising holding on business models based on profiling and behavioral targeting.
  • Implementing cloud-based HR solutions in various international groups in more than 40 countries; leading negotiations with local data protection authorities and Works Councils.
  • Providing ongoing monitoring and analysis for a global communications provider, covering a broad range of telecommunications regulatory and competition law issues, including BNetzA market reviews and implementation of SMP obligations, abuse of dominance proceedings, spectrum policy, net neutrality and e-privacy.
  • Advising a US-based marketing company with one of the world’s largest databases for consumer marketing on data protection and serving as an external data protection officer for their German enterprise.
  • Advising an international electronics group on legal aspects of data security and data breaches.
  • Moderating roundtable discussions for the social media strategy and implementation in one of the world's best-known companies.
  • Structuring innovative e-business and entertainment platforms, and advising on internet-related data protection issues.
  • Defending an architect's copyright on a striking, contemporary building in Germany.
  • Representing a former state-owned company in several judicial IT legal matters.
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