Reshaping Global Privacy Webinar – Key Takeaways
Following the EU Parliament vote adopting the amendments to the draft EU General Data Protection Regulation, DataGuidance organised a webinar entitled Reshaping Global Privacy: The EU Parliament Vote, which took place on 31 October 2013. Some of the key takeaways included: Higher sanctions are on the horizon; The role of the DPO will be key; Safe Harbor likely to stay; Framework to be revised; and Wait for trilogue to ascertain the fate of BSPRs.
Christopher Wolf, Partner at Hogan Lovells, explained that while the extent of penalties has been outlined, there remains a lack of guidance as to mitigating factors or discretion for enforcement. Emmanuelle Bartoli, Group Chief Legal Counsel, Data Privacy and Security at Atos, spoke on the central role of the DPO, despite little definition in the draft Regulation. Both Bartoli and Wolf discussed the hope that Binding Safe Processor Rules, not explicitly mentioned in the Parliament's amendments, will re-emerge in the trilogue discussions with the Council and the Commission. "If the BCR for processors idea is extinguished you are losing an important mechanism for international trade and for another way to protect data as it used and shared in the information society ecosystem,” said Wolf. “I hope that greater rationality will prevail in trilogue."