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.
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.
Facebook’s new €17 million GDPR fine stems from a failure to demonstrate that adequate security measures were in place to prevent the data breaches in 2018.
Germany set a new precedent with an antitrust ruling against Facebook, forcing the company to make major changes to their data collection practices – German users are to be given a greater degree of notice and choice in how their data is used.
International firms, particularly those big Tech firms with operations in major markets such as China, EU and the US, are facing an increasingly challenging task in the evolving data security and personal information protection regulatory environment.
Coinbase has been sued for collecting biometric data from the photos of ID cards and the "selfies" that it requires when customers set up an account, and from the fingerprint scans that are used to authenticate mobile app users.
A new paper from global law multinational DLA Piper lays out the case for a risk-based approach to GDPR international data transfers, arguing that the status quo is too onerous and that data exporters are suffering.
One of the largest GDPR fines to date, the UK ICO's decision found that the travel giant was negligent due to ‘poor security arrangements’ creating a hole that was exploited for two months.
Privacy act draft proposes a maximum penalty of the greater of $50 million, three times the value of any benefit obtained through the misuse of information stolen in data breaches, or 30% of the company's annual domestic turnover.
The agreement means that WhatsApp will make its privacy policy clearer to end users, in compliance with EU rules, in addition to making it easier for users to reject updates along with clearer explanations in situations where refusing the new privacy policy means agreeing to no longer use the service.
Since June 1, eight U.S. states have either amended or enacted tougher new data breach notification laws requiring notification anywhere between 30 to 60 days. While still a far cry from the 72 hours required under the European GDPR, tougher notification laws will no doubt be adopted around the world.










