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.
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.
In this article, learn how CPRA extends the definitions and scope of the CCPA, how businesses should think about CPRA enforcement, and what CPOs can do to help their companies ensure effective and frictionless compliance with CPRA.
The ADPPA is the first nationwide US privacy bill that stands a chance of being legislated and changing the face of the entire US privacy landscape. There is a general consensus that the proposed data minimization guidelines could significantly reshape the processes and procedures businesses will utilize to collect consumer data.
The Biden Administration and the European Commission have taken steps toward establishing a new mechanism in support of cross-border data flows from the EU to the U.S., known as the Trans-Atlantic Data Privacy Framework. Here are the next steps for organizations seeking to transfer EU personal data to the U.S.
The combination of brands being held accountable for violating consumer privacy laws, the roster of new – and varying – US privacy laws set to take place in 2023, and consumers themselves increasingly opting out of sharing their personal data is amounting to something of a rising tide in terms of consumer privacy.
A new report from the FPF and ABLI promotes a shift from consent-based models to a focus on accountability for data processors in the interest of improving consistency between different jurisdictions and different data protection laws.
Organizations found to be responsible for a privacy breach now face a maximum penalty of AUD 50 million, 30% of adjusted annual domestic turnover, or three times the value of any benefit obtained through the misuse of the leaked information.
The US proposal for a new EU-US data transfer framework that meets GDPR standards was drawn up in early 2022. The EDPB will now scrutinize the arrangement before passing it on to the EU member states and the European Parliament for final decisions.
The rapporteur for France's lead data protection agency (CNIL) is recommending a six million euro fine for Apple’s breach of the EU’s ePrivacy directive due to privacy violations. Apple had granted exceptions to the ATT framework for a variety of its own pre-installed apps.
Better methods of managing data using innovative technology avoids a reactive posture to data, and instead turns to a proactive one. But how can leaders become more proactive in their approach? And how can they make the data more proactive to meet the growing challenge of comprehensive data risk management?










