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  1. A New Day for GDPR Damages Claims in Germany? Until now, damages claims awarded by German courts pursuant to Article 82 of the General Data Protection Regulation (“GDPR”) – in particular, claims for non-material damages – have been relatively low. This restrained approach thus far has been predicated primarily on the position that German law requires a serious violation of personality rights to justify higher claims for non-material damages. Two recent cases decided by regional courts illustrate and confirm this prevailing stance. However, a more recent decision issued by the Fe
  2. GDPR fines skyrocket as EU gets tough on data breaches Europe’s new privacy protection regime has led to a surge in fines for bad actors, according to research published today. Law firm DLA Piper says that, since January 28th, 2020, the EU has issued around €158.5 million (around $192 million) in financial penalties. That’s a 39-percent increase on the previous 20-month period Piper examined in its report, published this time last year. And as well as the increased fines, the number of breach notifications has shot up by 19 percent across the same 12-month period.
  3. More than three months after the European Union introduced the new General Data Protection Regulation (GDPR), nearly 1,200 US-based news sites remain inaccessible to EU users. More than three months after the European Union introduced the new General Data Protection Regulation (GDPR), nearly 1,200 US-based news sites remain inaccessible to EU users. This list includes some of the largest news sites in the US, such as the Los Angeles Times, the Chicago Tribune, New York Daily News, Dallas News, Baltimore Sun, The Sun Chronicle, St. Louis Post-Dispatch, and N
  4. That doesn't sound GDPR-compliant ... Brave, the budding privacy-focused browser with its own native cryptocurrency, has alleged that Google is using hidden web pages to feed personal data of its users to advertisers, reports Financial Times. The evidence, now in the hands of the Irish data regulator, reportedly accuses the Big G of allowing users (and their browsing habits) to be profiled, resulting in targeted advertisements. It’s claimed that these actions circumvent EU privacy regulations that demand user consent, as well as transparency from tech
  5. European and particularly German Data Protection Regulators have been having a long-running issue with Microsoft regarding the data its operating system sends back to Microsoft. The concern is that the telemetry the OS sends back can include personal information, such as email addresses and text snippets being sent back in keyboard and auto-correct telemetry data. This has resulted in German data protection agencies announcing that Windows 10 is not GDPR-compliant and was not fit for use in schools and government work for example. Microsoft has made efforts to be complian
  6. Almost a year ago, the European Union’s General Data Protection Regulation (GDPR) went into effect. In that year, the United States has been engaging in its own debate about what, if anything, should be done to bolster our data privacy protections. While some have suggested that the United States implement its own GDPR — a comprehensive reform to more tightly regulate the collection, use, and retention of data — we have the advantage of looking at the early consequences of Europe’s policy. As debates about potential federal data privacy legislation continue, what can t
  7. An Oxford University scholar says he was able to trick dozens of European companies into sending him sensitive data about his fiancée, simply by impersonating her while invoking GDPR’s “Right of Access” policy. Doctor of philosophy student James Pavur, who presented his research findings Thursday at the Black Hat conference in Las Vegas, exploited the policy last February by creating a fake email address from which he sent emails to 150 companies under the assumed identity of his future wife. The email asked the businesses to disclose any personal data they had collect
  8. The latest statistics on GDPR spending, compliance rates, enforcement and consumer attitudes on privacy protection. Enterprise Budgets Swell One thing is certain, and it's that enterprises are funneling a lot of cash toward continued GDPR compliance efforts. Forbes reporting went so far as to call GDPR a "$9 billion business shakedown," with industry sources such as IAPP and EY also reporting the average spend per organization reaching about $3 million, with half of that coming this year and beyond. The spending was spread out among a range of c
  9. A year on from launch, Click looks at the impact of GDPR, and how getting access to your data may still not be as easy as you think.
  10. The EU's General Data Protection Regulation (GDPR) mandates high penalties for data loss -- with no exceptions for mobile users. But what about large data sets on the go? Minimize your GDPR exposure with an encrypted USB drive. Mobility is great, except when it comes to data. Then it can be a massive financial and legal headache. When on-the-go it is easier to lose devices - and the data they contain - than when you're buttoned up at the office. Violators may be fined up to €20 million or up to 4% of the annual worldwide sales of an enterprise, whichever is greater.
  11. Blighty will be subject to EU rules, but have no way to influence them IT'S BEEN CONFIRMED that the United Kingdom won't have a say in European artificial intelligence (AI) or data protection rules following Brexit. The European Commission's chief negotiator on Brexit, Michel Barnier, has shot down the ICO's suggestion that the UK have a seat at the decision-making table after the country leaves the Union. ICO leader Elizabeth Denham told MPs earlier this month that a bespoke data agreement - which would give the UK's data protection age
  12. from the whoopsy dept We've been pointing out for a while that, however well-intentioned the GDPR may be, and however important the general concept of protecting user's private data is, that still doesn't make the GDPR any less ridiculous. Indeed, we've pointed out that the setup of the GDPR is such that it's becoming a regulatory nightmare because the compliance costs are high, and the setup of the rules are so vague that the liability risk remains high. I know that some people keep insisting that the requirements to be compliant aren't actually that difficult. Indeed, EU Commissi
  13. Lucadp/iStoc, via Getty Images Plus The European Union’s new digital privacy law, the General Data Protection Regulation, doesn’t just protect European residents or citizens. The law covers “data subjects.” You are a data subject. If you got an email in the last few days from an online shopping website advising you of new privacy policies that are compliant with the rule, you are likely a data subject of Europe, even if you’ve never been to Europe and don’t even have a passport. A data subject is defined as “a natural person” inside or outside the European Uni
  14. Stronger rules on data protection mean people have more control over their personal data and businesses benefit from a level playing field. About the regulation and data protection What does the General Data Protection Regulation (GDPR) govern? What is personal data? What constitutes data processing? What are Data Protection Authorities (DPAs)? Background As of May 2018, with the entry into application of the General Data Protection Regulation, there is one set of data protection rules for all companies operating in the EU, wherever they are based. St
  15. Highlights Companies for months have been rewriting their privacy policies New rules could also create more longer, more confusing explanations Firms must obtain explicit consent from consumers for information Silicon Valley companies for months have been rewriting their privacy policies to make them clearer in time for a Friday deadline - the day Europe ushers in sweeping new privacy laws that could affect users worldwide. The new law could spell the end of legalese - of an era of signing away your rights with
  16. (Reuters) — As Europe’s new privacy law took effect on Friday, one activist wasted no time in asserting the additional rights it gives people over the data that companies want to collect about them. Austrian Max Schrems filed complaints against Google, Facebook, Instagram and WhatsApp, arguing they were acting illegally by forcing users to accept intrusive terms of service or lose access. That take-it-or-leave-it approach, Schrems told Reuters Television, violates people’s right under the General Data Protection Regulation (GDPR) to choose freely whet
  17. Twitter’s connected-TV footprint is about to get smaller — as the company works to get certain apps into compliance with Europe’s new data-privacy law. Effective Thursday, May 24, Twitter will no longer support video-based apps for Roku, Android TV devices or Microsoft’s Xbox, the company announced in a tweet. Twitter is shutting down apps for those platforms because it would need to make changes to them in order to comply the European Union’s General Data Protection Regulation (GDPR), which takes effect on May 25. Twitter apps will still be available for A
  18. Users and clients of Instapaper, Unroll.me and Ragnarok Online among those affected The General Data Protection Regulation comes into force on Friday With less than a day until the General Data Protection Regulation (GDPR) comes into effect, a growing number of companies are taking the nuclear option to ensure compliance: blocking all European users from their servers. Instapaper, a read-later service owned by the US firm Pinterest, became the latest to disconnect European customers on Thursday. It said the cutoff was temporary while it made the
  19. With the European Union’s General Data Protection Regulation (GDPR) due to come into force in a couple of weeks' time, many non-EU companies may be in for a shock. A new survey from cloud data management firm Veritas indicates that as many as two thirds of Brits will be looking to ask what data a company holds on them, with a whacking seven in ten saying they want some or all of their data deleted. And with organizations required to comply within one month of each request, this could mean a very hefty administrative burden. "This means having the ability to see, pr
  20. Browser fingerprinting is on a collision course with privacy regulations. For almost a decade, EFF has been raising awareness about this tracking technique with projects like Panopticlick. Compared to more well-known tracking “cookies,” browser fingerprinting is trickier for users and browser extensions to combat: websites can do it without detection, and it’s very difficult to modify browsers so that they are less vulnerable to it. As cookies have become more visible and easier to block, companies have been increasingly tempted to turn to sneakier fingerprinting techniques. But co
  21. Only 34.5 % of the approximately 500 professionals responsible for compliance to the European Union (EU) General Data Protection Regulation (GDPR) report maintaining practices that are in keeping with the regulation, a recent Deloitte poll. According to the poll, one-third of respondents (32.7 %) hope to be compliant within 2018. And, 11.7% plan to take a “wait and see” approach amid uncertainty over how EU regulators in various countries will enforce the new regulation. “The fact that the GDPR effective date has come and gone,” (it became law in May 2018), “and many ar
  22. In the first decision (available in German only) applying the General Data Protection Regulation (GDPR), a German court held that data collection that exceeds what is necessary to achieve legitimate business purposes violates one of the basic tenets of the GDPR. Article 5 of the GDPR states that personal data collection shall be "for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes," and "adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. The case concerns I
  23. from the who-is-whois-for? dept The EU's General Data Protection Regulation (GDPR) has only just started to be enforced, but it is already creating some seriously big waves in the online world, as Techdirt has reported. Most of those are playing out in obvious ways, such as Max Schrems's formal GDPR complaints against Google and Facebook over "forced consent" (pdf). That hardly came as a shock -- he's been flagging up the move on Twitter for some time. But there's another saga underway that may have escaped people's notice. It involves ICANN (Internet Corporation
  24. Summary Search is a large driver of revenue and doesn't require data but what other portions of Alphabet's advertising model will be affected by the GDPR? How much revenue do the higher risk methods currently contribute to earnings? Where is Alphabet most likely to incur GDPR fines? How will non-personalized ads affect earnings and network sites? Alphabet (GOOG) was announced in 2015 as a holding company to help separate Google’s advertising business from the sprawling investments in Fiber internet, cloud computing, smart home products and connected
  25. Ad-blocking tool Ghostery suffered from a pretty impressive, self-inflicted screwup Friday when the privacy-minded company accidentally CCed hundreds of its users in an email, revealing their addresses to all recipients. Fittingly, the inadvertent data exposure came in the form of an email updating Ghostery users about the company’s data collection policies. The ad blocker was sending out the message to affirm its commitment to user privacy as the European Union’s digital privacy law, known as the General Data Protection Regulation (GDPR), goes into effect.
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