With the adoption of the EU General Data Protection Regulation, the EU legislature intended to strengthen the rights of individuals (ie, data subjects or applicants) by giving them greater control over how their personal data is used. Applicants must be informed of the processing of their personal data and be able to verify whether such processing is lawful. Accessing documents is not necessary to achieve that goal. This view is supported by two recent Austrian decisions.
'Influencer marketing' means taking advantage of bloggers and other persons who have their own social media channels to promote goods and services. While the concept of transmitting arguably hidden advertising is problematic, there are many variations of this and the lines between hidden advertising and personal opinion are often blurred. As such, the Advertising Council recently issued guidelines for dealing with influencer marketing as a specific means of marketing communication.
The EU General Data Protection Regulation (GDPR) has created a new understanding and awareness of data protection. Despite being a directly applicable legal act, the GDPR has created significant work for the Austrian federal legislature, which has chosen to impose it by implementing the narrow but general Data Protection Act and introducing amendments to ordinary legal acts individually. However, these amendments are essentially limited to wording adjustments and restrictions on data subjects' rights.
The Austrian Data Protection Authority (DPA) recently published its first decision on retention periods following the enactment of the General Data Protection Regulation. The decision is final. The DPA had to decide how long a telecoms service provider must retain so-called 'master data' – that is, data required for the controller's legal relationship with the users of its services.
Companies regularly store information about their customers, clients, employees, investors, partners and vendors. Privacy and data security are therefore important aspects of most M&A transactions. Although the risk of non-compliance with privacy laws may result in severe negative consequences, many M&A agreements still lack adequate privacy-related representations and warranties.
The Personal Information Protection Act (PIPA) was introduced to regulate and protect the use of personal information and embodies eight core privacy principles which are internationally recognised and accepted. As with the PIPA, the General Data Protection Regulation (GDPR) was enacted to govern the use of personal information and data. Bermuda companies should seek legal advice to determine whether the GDPR applies to their operations and, if so, how.
The president recently approved, with a partial veto, the Project for a General Law regarding Data Protection. The law will regulate the processing of personal data in Brazil. Even though this adaptation may be costly and time consuming, the enforcement of the law is expected to guarantee greater protection of personal data, increasing confidence in Brazil's economic environment.
The Beijing Communications Administration recently organised a two-month examination of the network and data security of apps to target the illegal, compulsory and excessive collection of user information. The examination selected 50 apps with a certain influence and number of users, covering social media, online rental and automotive services, online education, finance, online medical care, basic telecoms enterprises and six other areas.
The Cyberspace Administration of China recently published the Administration Measures for Releasing Cybersecurity Threat Information (Draft for Comments) to solicit public opinions. According to the draft measures, the publication of cybersecurity threat information must be reported to regulators in a number of specific circumstances.
The Ministry of Education recently published the Administrative Measures for the Filing of Educational Apps. The administrative measures require providers of educational apps and institutional users of educational apps to go through filing procedures and indicate that the ministry is tightening controls on educational apps in China.
The Administrative Provisions on Online Audiovisual Information Services, which were jointly issued by the Cyberspace Administration of China and two other departments in November 2019, recently came into effect. The provisions set out requirements for the creation, distribution and transmission of audio videos based on new technologies and applications such as deep learning and virtual reality.
The Shanghai Cyberspace Administration recently released the 2019 Network Security Incident Contingency Plan. According to the contingency plan, network security incidents in Shanghai are classified as Grade I, Grade II, Grade III and Grade IV. If a network security incident occurs, the relevant entity must report it to the competent authority verbally within half an hour and in writing within one hour.
The European Commission's recent communication shows that only two member states have adopted the national legislation required to implement the EU General Data Protection Regulation. Others, Croatia included, are at different stages of the process. To meet the May 25 2018 deadline, Croatia should promptly address its national approach to open issues – in particular, its policies surrounding administrative fines.