42nd EDPB Meeting

November 19th, 2020 | Posted by Claude-Etienne Armingaud in Europe | Privacy - (0 Comments)
  1. Adoption of the minutes and of the agenda, Information given by the Chair
    1. Minutes of the 41st EDPB meeting
    2. Draft agenda of the 42nd EDPB meeting
    3. Publication of minutes of 40th Plenary meeting
    4. Request to extend the deadline for public consultation re recommendation 01/2020 on sup. measures
  2. Current Focus of the EDPB Members
    1. Presentation by the European Commission of the new (updated) two sets of SCCs
  3. FOR DISCUSSION AND/OR ADOPTION – Expert Subgroups and Secretariat
    1. Technology ESG
      1. Statement on eprivacy regulation
      2. Letter to News Media Europe and others regarding cookie walls
    2. International Transfer ESG
      1. Template for BCR approval decision by a supervisory authority
  4. Any other business
  1. Adoption of the minutes and of the agenda, Information given by the Chair
    1. Minutes of the 40th EDPB meeting
    2. Draft agenda of the 41st EDPB meeting
  2. Current Focus of the EDPB Members
    1. Art. 65 ongoing procedure
    2. Draft Art. 65 Decision
  3. FOR DISCUSSION AND/OR ADOPTION – Expert Subgroups and Secretariat
    1. Recommendation on measures that supplement transfer instruments to ensure compliance with the EU level of protection of personal data
    2. Update of the European Essential Guarantees recommendations

With the Brexit transition period ending on 31 December 2020, and no deal in sight, the future of cross-border data transfers between the European Economic Area (the EEA) and the United Kingdom remains unclear. On 1 January 2021, the United Kingdom will be considered as a “third country” and, unless a Brexit deal is proposed dealing with data protection and how data transfers between the EEA and the United Kingdom are to be treated, it could be significantly more difficult for European Union (EU)-based entities to transfer personal data to the United Kingdom.

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40th EDPB Meeting

October 20th, 2020 | Posted by Claude-Etienne Armingaud in Privacy - (0 Comments)
  1. Adoption of the minutes and of the agenda, Information given by the Chair
    1.1. Minutes of the 39 th EDPB meeting
    1.2. Draft agenda of the 40th EDPB meeting
  2. Current Focus of the EDPB Members
    2.1. Recommendation on measures that supplement transfer instruments to ensure compliance with the EU level of protection of personal data – state of play
    2.2. Review of the Adequacy Decision of Japan
  3. Consistency mechanism and Guidelines
    3.1. Guidelines 04/2019 on Article 25 Data Protection by Design and by Default (after public consultation)
  4. FOR DISCUSSION AND/OR ADOPTION – Expert Subgroups and Secretariat
    4.1. Cooperation ESG Brexit-related matters
    4.2. Enforcement ESG
    Coordinated Enforcement Framework
    4.3. Technology ESG
    Response letter to Mr A. Dix on the copyright directive1
    4.4. Financial Matters ESG
    Statement and possible letter regarding data protection and current framework on anti-money laundering and countering terrorist financing – request for mandate
    4.5. Secretariat
    Implementation of SEC DPO rules
    Consistency procedure for Art. 46.3(b) GDPR administrative
    arrangements
  5. Any other business

K&L Gates ranked “Highly Recommended” with Claude-Etienne Armingaud.

Source: Leaders League

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Following the French Administrative Supreme Court (Conseil d’État) dated 19 June 2020 (see our Alert here), the French Supervisory (CNIL) published on 01 October 2020 its updated guidelines (the Guidelines), replacing its former guidelines published on 04 July 2019 (July Guidelines), along with practical recommendations (the Recommendation) on cookies and other tracking technologies (together, Cookies).

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The European Data Protection Board (EDPB) published two sets of new guidelines on 2 September 2020, on the concepts of controller and processor (Guidelines 07/2020, the Guidelines) and on the targeting of social media users (Guidelines 08/2020 – see our Alert here). The earlier aims to replace the previous opinion by EDPB’s predecessor, the WP29, on these concepts by clarifying the main concepts of “controller”, “joint-controllers” and “processor” and by specifying the consequences attached to these notions.

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With close to one billion active users on social media, platforms and businesses are constantly rolling out new features, upgrading their ad tools and creating new ways to engage with users, moving away from traditional marketing strategies. Those emerging practices are also extensively relying on data analyses to gain insights and enhance more targeted opportunities, therefore shifting platforms and businesses’ focus on revenue.

The evolution towards increasingly personalized marketing practices occurs in parallel with end-users’ awareness of data protection frameworks, which may lead to a rift between transparency expectations towards complex advertising solutions based not only on personal data provided by the users themselves, but also in conjunction with other data collected by social media providers or third parties. Recent headlines about the roles played by social media targeting on democratic decision-making and electoral processes reinforce such perceptions.

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Version 1.0 dated 02 September 2020 adopted for public consultation. Go to the finalized version.
Go to official PDF version.

The European Data Protection Board

Having regard to Article 70(1)(e) of Regulation 2016/679/EU of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

HAS ADOPTED THE FOLLOWING GUIDELINES

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Version 1.0 dated 06 September 2020 adopted for public consultation. Go to the finalized version.
Go to official PDF version.

EXECUTIVE SUMMARY

The concepts of controller, joint controller and processor play a crucial role in the application of the General Data Protection Regulation 2016/679 (GDPR), since they determine who shall be responsible for compliance with different data protection rules, and how data subjects can exercise their rights in practice. The precise meaning of these concepts and the criteria for their correct interpretation must be sufficiently clear and consistent throughout the European Economic Area (EEA).

The concepts of controller, joint controller and processor are functional concepts in that they aim to allocate responsibilities according to the actual roles of the parties and autonomous concepts in the sense that they should be interpreted mainly according to EU data protection law.

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