Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR). On July 6, 2017, Germany did so by passing a statute titled the Data Protection Amendments and Implementation Act. The Act repeals Germany’s venerated Federal Data Protection Act (Bundesdatenschutzgesetz, or BDSG) and replaces it […]
Germany Proposes Bill Requiring Social Network Takedowns – with € 50 Million Fines
Recent media reports indicated that Germany was considering legislation that would fine social networks for failing to combat fake news and hate speech. Today, German Justice Minister Heiko Maas introduced a “Draft Law to Improve Law Enforcement in Social Networks” (abbreviated as the Network Enforcement Act (Netzwerkdurchsetzungsgesetz), or “NetzDG”). The NetzDG aims to curb “hate-based […]
Spanish Ministry of Justice Launches Public Consultation on GDPR
On February 7, 2017, the Spanish Ministry of Justice launched a public consultation as a preliminary step before the drafting of a new bill implementing the General Data Protection Regulation (“GDPR”). The press release clarifies that although the GDPR has direct effect in the European Member States, its implementation into Spanish law is not a […]
WP29 Releases Extensive Guidance on DPO Obligations; Companies Need to Start Planning Now
Late last week, the Article 29 Working Party (“WP29”) issued detailed guidance on companies’ obligations under three key provisions of the General Data Protection Regulation (GDPR). This is part one of a three-part Alston & Bird series evaluating WP29’s positions, and relates to Data Protection Officer obligations under the GDPR. Part 2 deals with the Right to […]
EU Releases Amendments to Model Clause and Country-Whitelisting Decisions – with Good News for Companies
Most privacy professionals are familiar with the European Court of Justice’s 2015 Schrems decision, which struck down the US-EU Safe Harbor mechanism. One lesser-discussed aspect of the ECJ’s decision related to the powers of Data Protection Authorities (DPAs) within the EU’s Member States. In the Schrems proceedings, the Irish Data Protection Commission argued that it […]