Looking to achieve GDPR compliance within your organisation? Arrange a demo and free 14-day trial of Keepabl’s award-winning Privacy Management SaaS: https://bit.ly/3rD4SO5

This fundamental question in GDPR should be straightforward, but it can even get Privacy professionals in knots! In the time it takes to have a cup of tea, we’ll clearly set out the differences.

Want more top tips on how to operationalise Privacy at your organisation? Sign up to the Keepabl monthly newsletter: https://privacykitchen.tv/newsletter

Links:

Keepabl’s Guide & Regulator Checklists on Controllers & Processors
https://keepabl.com/news/controllers-and-processors/

UK ICO’s ‘At a Glance’ Guide to Controllers & Processors
https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/key-definitions/controllers-and-processors/

UK ICO’s Detailed Guide to Controllers & Processors
https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/controllers-and-processors/

UK ICO’s Data Protection Fee
https://ico.org.uk/for-organisations/data-protection-fee/

European Commissioner FAQ on Controllers & Processors
https://ec.europa.eu/info/law/law-topic/data-protection/reform/rules-business-and-organisations/obligations/controller-processor/what-data-controller-or-data-processor_en

Art 29 Working Party’s 2010 Guidance on Controllers & Processors under the EU’s 1995 Data Protection Directive
https://ec.europa.eu/justice/article-29/documentation/opinion-recommendation/files/2010/wp169_en.pdf

EDPS Guidelines on the Concepts of Controller, Processor and Joint Controllership under Regulation (EU) 2018/1725, November 2019
https://edps.europa.eu/sites/edp/files/publication/19-11-07_edps_guidelines_on_controller_processor_and_jc_reg_2018_1725_en.pdf

U.S. President Joe Biden signed an executive order last weekend to implement a European Union – United States data transfer framework, which was originally announced in March to change American intelligence gathering privacy safeguards to meet EU requirements.

This is good news for European businesses who were stuck in limbo, not knowing whether they could continue using Google Analytics or GA4 and other popular U.S.-based services because of the potential that using those services contravened EU law.

EU: Commission publishes UK adequacy decision
The European Commission published its draft adequacy decisions for transfers of personal data to the UK under the GDPR and the Law Enforcement Directive.

The Commission highlighted that it had carefully assessed the existing regime governing personal data protection in the UK in reaching its conclusion that the UK does ensure an essentially equivalent level of protection to that guaranteed under the GDPR. Věra Jourová, Vice-President for Values and Transparency, said that, while the UK had left the EU, it had not left the European privacy family. Jourova further highlighted that clear and strict mechanisms in terms of both monitoring and review, suspension or withdrawal of the decision had been incorporated in order to address any future issues that may arise.

The European Data Protection Board will now be asked to provide its opinion on the draft decisions, before moving to a further review by a committee of Member State representatives.

USA: Florida and Utah follow other states in proposing privacy laws
Whilst Virginia is poised to become the next State to pass a privacy law, Florida and Utah have become the latest States to introduce bills to regulate the protection the privacy.

In Utah, the Consumer Privacy Act and Commercial Email Act was introduced to the State Senate. The bill would provide for consumer rights such as the right to access, correct, and delete certain personal data, as well as the right to opt out of the collection and use of personal data for certain purposes. Moreover, the bill would require business to provide clear information to consumers regarding how their personal data are used and require business to maintain data protection assessments.

In Florida, the Act Relating to Consumer Data Privacy was introduced, which would apply to businesses that satisfy one or more of the thresholds outlined under it, in a similar way to the CCPA. The bill creates new obligations for businesses including the requirement to have a privacy policy, the introduction of data subject rights including access, deletion, and opt-out and opt-in rights.

ADGM: ADGM enacts Data Protection Regulations 2021
The Abu Dhabi Global Market announced that it had enacted the Data Protection Regulations 2021, following its public consultation.

The regulations introduce several provisions in relation to:

individuals’ rights;
Data Protection by Design and by Default;
records of processing activities;
data protection officer appointment and tasks;
breach notification;
data transfers; and
vendor management.
The ADGM highlighted that the regulations propose a 12 month transition period for current establishments, and six months for new establishments, to commence from 14 February 2021.

Learn more at dataguidance.com

EU issues adequacy decision on the UK’s level of data protection – Outside Views Europe

With the last-minute agreement on Brexit, the EU and Great Britain were able to prevent an impending data chaos. A 6-month transition period for free data exchange was agreed in the exit agreement. On June 28, 2021, the EU Commission issued an adequacy decision in accordance with Art. 45 GDPR, according to which Great Britain is permanently classified as a safe third country.

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