Big Tech companies are feeling more pressure in Europe with the proposal of two new antitrust policies. Together the "Digital Markets Act" and "Digital Services Act" would limit use of personal and business data.
Data Protection
Certain types of personal data are very valuable to criminals, and can be very damaging to an individual or business if it falls into the wrong hands. As the world becomes more digital and more connected, more of this sort of data is generated and passed between various sources on a regular basis.
Government regulations and supervisory authorities aren’t just about keeping irresponsible parties in line. They also provide vital security guidance to every type of organization that handles sensitive personal, business or government information.
Data protection regulations also ensure that the end user has a transparent view of and a say in the processing of personal data. These safeguards play a significant role in everything from the preservation of civil rights to ensuring that democratic institutions function properly.
Some types of personal data are clear candidates for regulation: medical records, banking information, national ID numbers and so on. But some of these regulations also cover items that might seem relatively innocuous at first glance: home addresses, email addresses, website profile information and so on. For example, the European Union General Data Protection Regulation (GDPR) has stipulations about anything that is unique to an individual to include phone numbers and social media accounts. People have varying levels of privacy preference with these items, but they are often protected by regulation because they can be used for targeted scams and attempts at identity theft.
Given that regulations often take the size and customer count of businesses into consideration in terms of penalties and the scope of protection of personal data, compliance is particularly important for enterprise-scale organizations. You do not necessarily have to have an active business presence in a country or region; simply storing data on or moving it through servers there may subject you to their data protection rules.
While the proposed EU privacy law changes seem almost entirely like concessions to big tech desires at first glance, the European Commission is selling them as removement of onerous restrictions on smaller businesses. Critics such as noyb are calling this a "side-show" meant to pass changes that are instead really tailored to the tech industry.
The Data Act would make data sharing terms more easily accessible to end users, allowing them direct access to stored data and controls to limit its use and movement.
European Commission has approved a new version of the Standard Contractual Clauses (SCCs) for data transfer agreements in line with the Schrems II decision.
The UK data adequacy decision was slated to expire this month, but recently received a six-month extension approval from the EDPB. The civil society groups are calling for withdrawal of this extension if the UK government does not ensure an equivalent level of data protection.
The investigation is scrutinizing major cloud services that are widely used by EU agencies, such as Amazon AWS and Microsoft Azure, to determine if they are GDPR-compliant.
EDPB guidance on cross-border data transfers post Schrems II ruling highlights a number of things that have changed that organizations will need to keep in mind when thinking about how to comply.
The central objection raised is a predictable one, and one that some analysts believe will inevitably cause the EU-US data transfer proposal to fail yet another court challenge if it makes it to implementation: the lack of a federal-level data privacy law in the US.
A new report from DLA Piper shows that GDPR fines are being handed out more frequently, with a jump of 39% in 2020 but there remains a strong disparity in the willingness of individual regulators to issue them.
With fines and breach notifications seeing double digit growth year after year, what do organizations need to know as the GDPR approaches its third anniversary?










