March 2019 Legal Updates

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Cybersecurity

On February 6th, Comparitech released a report that compared countries’ cybersecurity. The report analyzed 60 countries and considered multiple factors for the rankings, including the percentage of mobile phones and computers with malware, countries’ legislative activities, and the number of cyberattacks, among other factors. Key takeaways from the report were:

  • The top five most cyber-secure countries were Japan, France, Canada, Denmark, and the U.S.;
  • The top five least cyber-secure countries were Algeria, Indonesia, Vietnam, Tanzania, and Uzbekistan; and
  • The countries with the most up-to-date legislation were France, China, Russia, and Germany.

European Data Protection Supervisor

On February 26th, the European Data Protection Supervisor (EDPS) released its 2018 Annual Report, which outlines EDPS’ activities over the past year. The report highlights the EDPS’ efforts to prepare for the EU’s General Data Protection Regulation, and new data protection rules governing EU institutions. In addition, the report discusses EDPS’ work with the European Data Protection Board to ensure that citizens are adequately protected by data protection rules, among other topics.

Irish DPC Guidance for Brexit

On February 8th, the Irish Data Protection Commission (DPC) published guidance regarding data transfers from Ireland to the U.K. in the event a Brexit deal is not reached. The Irish DPC emphasized that all Irish companies which transfer personal data to the UK or Northern Ireland must comply with the General Data Protection Regulation (GDPR). Because the UK will no longer be an EU member, and instead be considered a Third Country, data transfers will be treated in the same way as transfers to Australia, India, or Brazil. The DPC recommended using standard contractual clauses (SCCs) agreed upon by both parties to protect the personal data and to comply with the GDPR. SCCs may be standalone contracts or incorporated into existing contracts between companies.

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