Data Protection & Privacy

Recent Articles

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  14.03.2023

  China

  China has ac­ceded to the Hag­ue Con­ven­tion of 5 Oc­to­ber 1961 Ab­ol­ish­ing the Re­quire­ment of Leg­al­isa­tion for For­eign Pub­lic Doc­u­ments

  On 8 March 2023, the People's Republic of China (the "PRC") has (finally!) acceded to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (the "Convention").The Convention between the PRC, as the acceding state, and other member states (which will not have raised an objection; see below) will enter into force as of 7 November 2023.This constitutes a long-awaited and very positive development.Please click here to read the full article.

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  13.03.2023

  Turkiye

  Turk­ish cent­ral bank pub­lishes Guideline on data shar­ing in pay­ment ser­vices

  On 30 December 2022, the Central Bank of the Republic of Turkey (“CBRT”) published the Guideline on Data Sharing Services in Payment Services, which examines data-sharing services in payment services (“DSSPS”) included in the scope of open banking (i.e. when the customer has provided the third party provider with access to the data in the financial system). To this end, the Guideline assesses common business models for payment-initiation and account-information services (also regarded as DSSPS) regarding whether these models require an operating licence, and offers guidance...

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  23.02.2023

  Europe

  EU Data Act - Fo­cus on Cloud Ser­vices: switch­ing charges - who should shoulder the cost?

  In the third Law-Now in our cloud services series on the EU Data Act (the “Act”), we focus on the proposed measures to reduce and remove switching charges. The Act aims to facilitate customers switching between cloud service providers and other data processing services. In pursuit of this aim, the Act will regulate how cloud service providers can charge for switching and what customers can be expected to pay to switch to another provider. It’s likely that switching charges will be a topic of significant negotiation during the trialogue, as evidenced by the various amendments to...

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  16.02.2023

  EU

  CJEU is­sues land­mark rul­ing on DPO dis­missals and con­flicts of in­terest

  On 9 February 2023, the Court of Justice of the European Union (CJEU) issued a preliminary ruling in case C‑453/21 regarding the justified grounds for the dismissal of and the conflict of interests requirements relating to data protection officers (DPO) under the General Data Protection Regulation (GDPR). The full text of the decision can be accessed here.In general, DPOs fulfil a critical task by monitoring compliance with the GDPR, other provisions of EU law or of the law of the member states on data protection and the policies of the controller or processor in relation to the protection...

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  15.02.2023

  Belgium

  The Bel­gian Whis­tleblow­ing Act enters in­to force. What do you need to know re­gard­ing data pro­tec­tion?

  The Belgian Parliament recently approved the Act implementing EU Directive 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, commonly known as the Whistleblowing Directive, in the private sector (“Whistleblowing Act”). It was published in the Belgian Official Gazette on 28 December 2022 (available in French/Dutch) and will enter into force today. If you missed the deadline to implement the whistleblowing scheme, or if it is still work in progress, it’s never too late to check if your scheme...

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  09.02.2023

  Germany

  Wear­ables

  Digital assistance systems are gaining popularity for private use and at the workplace. This article shows the possibilities for using wearables at work and the related labor and employment law aspects.What are wearables?Wearables are items of small mobile computer technology that can be worn on the body, usually on the arm or head. They are primarily wearable, digitally networked devices such as smartwatches, smart glasses, smart rings, fitness bracelets and special clothing with extra functions. By providing information, evaluations and instructions, wearables can support employees in performing...

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