Data Protection Bites 2/2019

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 WORLDWIDE HOT TOPICS: INTERNATIONAL DATA PROTECTION UPDATES IN A NUTSHELL

​NEWS FROM POLAND

Criminal liability under Polish Personal Data Protection Act

The GDPR does not stipulate explicitly criminal liability for the processing of personal data in breach of the regulation. The main type of penalties provided for in the GDPR are administrative fines. Also, EU Member States are not obliged to amend their legislation to include provisions on criminal liability for unlawful personal data processing.

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2019 sectoral inspection plan of the Polish Personal Data Protection Office 

The Polish body responsible for compliance with the GDPR (the President of the Personal Data Protection Office – PDPO) published on 24 January a plan of inspections of personal data processing in certain sectors of the Polish economy.

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NEWS FROM THAILAND

Update on Thailand’s Draft Personal Data Protection Act

The draft Personal Data Protection Act (PDPA) was approved by Thailand’s Council of State in December 2018 and is now under consideration of the National Legislative Assembly (NLA). Upon final approval the draft will be presented to the King’s office to be signed into law. Subsequently it will be published in the Government Gazette and the PDPA is expected to enter into force within 2019.

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​NEWS FROM ITALY

The Privacy Shield - what does the European Commission think?

What does the Privacy Shield guarantee for European citizens overseas? In 2016, the European Union and the United States reached an agreement: the EU-US Privacy Shield, which is necessary precisely to protect the confidentiality of personal data of European citizens in the event of transfer overseas for commercial purposes. This agreement allows the companies that adhere to it to import and process European data in the United States.

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An excursus of the main data breaches of 2018: how to tackle 2019 with greater protection of personal data

Just as at the end of each annual activity an analysis of the pros and cons is carried out, we cannot avoid this with reference to the new European Privacy Regulation which, despite being applicable from 25 May 2018, has had and still has a strong impact.

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​NEWS FROM LITHUANIA

The State Data Protection Inspectorate has announced the first large scale GDPR inspection plan

The State Data Protection Inspectorate on 05.02.2019 has announced the inspection plan for the year 2019. This is the first large scale inspection after entry into force of the new General Data Protection Regulation (GDPR) on 25 May, 2018. Therefore the inspected companies will face a challenge in verifying if their activities and documents comply with the provisions of the GDPR.

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​NEWS FROM LATVIA

Clarification of the Data State Inspectorate on the Status of the Sworn Auditors and “No deal Brexit” Aspect

On January 29th, 2019 the Data State Inspectorate (DSI) released a clarification on whether sworn auditor processing personal data, while providing audit services to the client, shall be recognised as data controller or data processor for the General Data Protection Regulation (GDPR) purposes. 

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 DPA OBSERVATORY

ITALY

Privacy and criminal law

With Legislative Decree 101/2018, which provides for the adaptation of national legislation to the European Regulation on the protection of personal data (GDPR), the Italian legislator has implemented the right granted to all Member States to provide for criminal penalties for certain violations of privacy legislation.

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The supervisory authority called upon to update the general authorisations with respect to what is indicated in the GDPR

The general authorizations for the processing of personal data are administrative acts that, adopted by the Guarantor Authority under the previous text of the Privacy Code, regulated some processing of personal data that did not find a disciplined detail.

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​SPAIN

Auditors´ information duty as data controllers

In response to a query submitted by the ICAC (the Spanish accounting regulator), the AEPD (Spanish Data Protection Authority) has confirmed that auditors have a data controller status. According to the AEPD, the exercise of the audit activity requires, by legal mandate, independence with respect to the audited entity and storage of the collected information. These two obligations are incompatible with the data processor condition, which must submit to the data controller’s instructions and, among other things, return or delete the data once the contractual service has been fulfilled.
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 COURT PRECEDENTS

​ITALY

CV, employee evaluations and GDPR: the Supervisory Authority and the cassation intervene

The Supervisory Authority for the Protection of Personal Data, on the occasion of the publication of Measure no. 497 of 13 December 2018, in which the prescriptions of the general authorizations compatible with Reg. EU 2016/679 were specified, also expressed itself on the subject of the processing of the particular data of the candidates by the employers.

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Higher prices thanks to geoblocking, EU fine of 40 million at Guess Court

Since December 3, the European Union has banned the so-called geo-blocking, i.e. the set of practices with which online shops restrict the purchases of customers connecting from other countries of the European Union.

Click here to read the full article (in Italian)»

 

Contact

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Avv. Rita Santaniello

Partner

+39 02 6328841
+39 02 63288420

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Kontakt

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Avv. e Head of Data Protection Italy Nadia Martini

+39 02 6328841
+39 02 63288420

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 Data Protection Bites

Our newsletter aims at collecting updates, news and insights on data protection matters worldwide, with a special focus on the GDPR. Read all releases »
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