New Guidance for Companies that Transfer Data from the EU to the U.S.

The Article 29 Working Party has recently released several new documents of interest to companies that collect and process data about EU residents and who move data from the EU to the United States. First, the Working Party released “Recommendations on the Standard Application for Approval of Data Controller or Processor Binding Corporate Rules for the Transfer of Personal Data.” Binding Corporate Rules (often referred to as BCRs) are one mechanism available to companies to support the legal transfer of data outside the European Economic Area. Article 45 of the GDPR requires that data transferred to a country which has not been deemed to provide an adequate level of data…

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Not Just for Large Multinationals: U.K. Information Commissioner’s Office and Article 29 Working Party Issue GDPR Guidance for Small Businesses

Smaller companies take note – the U.K. Information Commissioner’s Office (ICO) and the Article 29 Working Party have highlighted that all companies must comply with the General Data Protection Regulation (GDPR) regardless of size, and recently issued special guidance for smaller businesses. The GDPR, a law that places new obligations on organizations that collect and process data about European residents, comes into effect May 25, 2018. In a recently published set of FAQs, the ICO addresses key issues raised by the GDPR in the context of small businesses, including criteria for imposition of monetary sanctions; security; determining whether your organization is a processor or controller under the terms…

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New Guidance about Transparency: Notices Must Be Accurate, Clear and Easy To Locate

Important guidance about the General Data Protection Regulation’s (GDPR) transparency requirements has been released from Europe. The Article 29 Working Party, an advisory body that oversees data protection in the EU, issued a paper that provides practical guidance and clarity about the obligations of data controllers with respect to informing individuals about the collection, use and protection of their data. The GDPR requires that notices must: be concise, transparent, intelligible and easily accessible (Article 12.1); use clear and plain language (Article 12.1); the requirement for clear and plain language is of particular importance when providing information to children (Article 12.1); be provided in writing “or by other means, including where…

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EU Releases Guidance About the Requirements for Obtaining Valid Consent Under GDPR

Last month, companies working toward compliance with the European Union’s General Data Protection Regulation (GDPR) received guidance about the new law’s consent requirement. The Article 29 Working Party, the advisory body that oversees data protection in the EU, issued a paper that provides practical advice about steps companies must take to ensure the consents for data processing they obtain from consumers are valid under the GDPR. The GDPR provides that for consent to be valid, it must be freely given, specific to the stated purpose for the processing, informed, and based on a clear, affirmative indication given by the data subject. The document provides advice about how regulators interpret…

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