A recent decision by the Irish Data Protection Commission (“DPC“) imposing a record €405 million fine provides clarification on the lawfulness of processing children’s personal data in accordance with the legal bases of ‘performance of contract’ and ‘legitimate interest’.

On 2 September 2022, the DPC imposed a record €405 million GDPR fine on
Continue Reading Ireland / Europe: DPC’s Record Fine Raises Expectations on Standards Applicable for Processing Children’s Data

Long-awaited executive order strives to enhance and revive the invalidated Privacy Shield Framework

Author: Jim Sullivan

On 7 October 2022, President Biden issued an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities (the EO), aimed at addressing the widespread legal uncertainty that has prevailed with respect to transatlantic data transfers since the 

Continue Reading President Biden orders surveillance reforms two years after Schrems II

Under the Data Security Law, organisations are required to classify the data they process according to their level of significance. Albeit a draft, the recent Draft Standard on Information Security Technology Network Data Classification and Grading Requirements (“Draft”) highlights the principles and methods for different industries, fields, localities, departments, and data processors to
Continue Reading CHINA: Clarifications of data classification and grading requirements

Introduction

The Singapore Court of Appeal has recently clarified that ‘emotional distress’ is an actionable loss and damage under the existing right of private action of Personal Data Protection Act 2012 (“PDPA“).

Decision

Section 32 (now section 48O) of the Personal Data Protection Act 2012 (“PDPA”) provides individuals who have suffered
Continue Reading SINGAPORE: Right of private action under the Personal Data Protection Act 2012 – scope explained

Following the first automobile industry-specific data and cyber compliance rules, published late last year (see our alert here), regulators have issued guidelines on the licensing of surveying and mapping activities and use of mapping data within connected vehicles, through the new Regulations on Promoting the Development of Intelligent and Connected Vehicles and Maintaining the
Continue Reading CHINA: connected vehicle and automobile industry – new licences now required to enable/continue (i) surveying and mapping activities, (ii) overseas transfer of mapping data

If your organisation must follow the CAC assessment route to continue your cross-border flows of personal information or important data, we now know the full extent of the self-assessment, application and supporting documents to be filed with the CAC for approval. It remains a significant task, so action must be taken as soon as possible

Continue Reading CHINA: major developments on CAC assessment for cross-border data transfers – the task is now clear, but the urgency remains

Google LLC has agreed to pay AUD 60 million to Australia’s competition regulator, the Australian Competition and Consumer Commission (ACCC), after it was held that Google breached the Australian Consumer Law (ACL) regarding its collection of location data.

In October 2019, the ACCC commenced proceedings alleging that Google had engaged in
Continue Reading Australia: Google agrees to pay AUD 60 million for misleading consumers regarding the collection of location data

Mobile apps pervade all aspects of life in Mainland China, and in turn remain a high enforcement priority for data privacy regulators in China. For the past couple of years, operators of mobile apps in China have had to comply with over thirty additional, specific privacy compliance obligations (i.e. over and above those applicable to
Continue Reading CHINA: mobile apps remain a high privacy risk, and face stringent requirements

As part of its data strategy, the European Commission has presented a number of legislative instruments, including the Digital Markets Act (DMA), the Digital Services Act (DSA), the Data Governance Act (DGA) and the Data Act.

Our article analysing these four new instruments in more detail – in particular, who these legal instruments apply to


Continue Reading EU: Who’s who under the DMA, DSA, DGA and Data Act?

On 26 May 2022, the TC260 released the Draft Requirements on Privacy Agreements for Internet Platforms, Products and Services (“Draft Requirements”) for public consultation. The Draft Requirements flesh out the regulatory scheme regarding privacy policies as put forward in the Personal Information Protection Law (“PIPL”) and Personal Information Specification (“PIS
Continue Reading CHINA: Draft Rules on Privacy Policies Released – Is Your Privacy Policy Compliant?