What’s New? On 5 September 2018, the EU Commission commenced proceedings to adopt an Adequacy Decision in relation to Japan’s protection of personal data by issuing a draft ‘Commission Implementing Decision’. This is an important step towards the culmination of discussions between the EU and Japan that were initiated in January 2017, with the aim of permitting the free flow of personal data between the parties. These discussions were part of the broader free trade…

On 12 December 2017, Article 29 Working Party (WP29) published its draft guidelines on transparency under the GDPR. As with the draft guidance on consent, published on the same day, WP29 invites comments to be submitted by 23 January 2018.…

On 12 December 2017, Article 29 Working Party (WP29) published its long-awaited draft guidelines on consent under the GDPR. The guidelines build on WP29’s ‘Opinion on the definition of consent’, adopted in July 2011. As with the draft guidance on transparency, published the same day, WP29 invites comments to be submitted by 23 January 2018. The guidelines state that generally, in order to use consent as an appropriate lawful basis the data subject should…

Nearly a year ago, on 10 January 2017, the EU Commission released the proposed ePrivacy Regulation (ePR). The three main areas covered by the legislation are the use of electronic communications data by telecommunications operators and other specified entities, the use of tracking applications, and unsolicited direct marketing communications. The ePR aims to ensure a coherent, up-to-date framework capable of balancing economic interests and privacy rights of natural persons reflected in the Article 7 of…

The Article 29 Working Party has adopted Guidelines on Data Protection Impact Assessments (DPIAs), following its consultation on a draft version published in April 2017.  The final version provides additional guidance in a number of areas without materially changing the position. Further guidance is provided on the trigger for mandatory DPIAs – whether the processing is likely to result in a “high risk to the rights and freedoms of natural persons.” Additional emphasis is placed…