Dutch DPA is the first European DPA to publish fining policy under GDPR

Posted on by Federica Romanelli
On March 14, 2019, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, DPA) published on Netherlands Official Gazette its own General Data Protection Regulation (GDPR) fining policy. It is the first European Union (EU) country to do so. Article 83, GDPR, provides that DPAs can issue to controllers and processors “effective, proportionate and dissuasive” administrative fines for infringements of the Regulation. For some violations, the fines will be “up to 10,000,000 Read more [...]

Spanish DPA issues survey on Device Fingerprinting

Posted on by Federica Romanelli
On February 2, 2019, the Spanish Data Protection Agency (AEPD) published a Survey on Device Fingerprinting. (“Survey“) “Device fingerprinting is the systematic gathering of information on a specific remote device with the aim of identifying, singling out and, thus being able to monitor its user’s activity for the purpose of profiling.” The data set extracted from the user’s terminal device allows that device to be unequivocally uniquely identified. The APD estimates that there Read more [...]

Delaware court holds that a clause indicating“an expert, not an arbitrator” calls for an expert determination, not an arbitration

Posted on by Federica Romanelli
On January 29, 2019, the Delaware Court of Chancery addresses the scope of authority conferred under a clause in an Agreement and Plan of Merger (“Merger Agreement”) upon an independent accountant designated “an expert, not an arbitrator.” Pursuant to the Merger Agreement, Plaintiff acquired ChanceLight, Inc. (ChanceLight) and Defendant, Trimaran Fund Management, L.L.C. (Trimaran). Plaintiff paid a base price of $125 million, $23.1 million of which was placed in escrow at closing. The Read more [...]

Washington privacy act moves ahead

Posted on by Federica Romanelli
  On Friday, March 22, 2019,  the Washington State House of Representative's Committee on Innovation, Technology and Economic Development held its first public hearing on the proposed privacy legislation, SB 5376. The Washington privacy act, SB 5376, was introduced January 17, 2019 and passed its third reading in the Senate with 46 votes (against 1) on March 6, 2019. SB 5376 identifies the obligations of controller and processor. It requires controllers to facilitate subject Read more [...]

Bulgaria adopts GDPR harmonization law

Posted on by Federica Romanelli
On February 20, 2019, Bulgaria adopted the General Data Protection Regulation (Regulation (EU) 2016/679, GDPR) harmonization law. The law amends and supplements the previous data protection act from 2002. It also transposes the EU Law Enforcement Directive (Directive (EU) 2016/680). The new Law on Personal Data Protection (LASLPDP) entered into force on March 2, 2019 and is available at  http://dv.parliament.bg…   European Commission’s update on GDPR after 8 months of its application Read more [...]