November



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November 24, 2015
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Database Of Foreign Workers To Be Created

"Georgia 's Ministry of Labour, Healthcare, and Social Affairs has announced plans to create a database of foreigners employed in the country, in order to ensure that only those with the legal right to work in Georgia are able to do so. Elza Jgerenaia, Head of the Ministry 's Labour and Employment Department, commented: ""Information on who is a labour immigrant, what post he or she occupies, what are his or her qualifications will have a positive impact on the development of a competitive labour environment."" The data will also provide information on positions and skills that are in particular demand from Georgian employers. This in turn will support the development of a new employment policy. ""We will know what professions are in demand and in what sectors we need to retrain manpower, so that employers will not have to allocate additional funds seeking labour from abroad,"" Jgerenaia explained."

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November 24, 2015
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German DPA Fines Data Controller For Inadequate Data Processing Agreement

The Bavarian Data Protection Authority (DPA) issued a press release stating that it imposed a significant fine on a data controller for failing to adequately specify the security controls protecting personal data in a data processing agreement with a data processor. The DPA stated that the data processing agreement did not contain sufficient information regarding the technical and organizational measures to protect the personal data. The press release said the agreement was not specific enough and merely repeated provisions mandated by law. According to the DPA, the law provides some flexibility for companies to determine which contractual obligations are appropriate for a particular engagement. The DPA stated that this choice may depend on the data security plan of the data processor and related data processing systems used.

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November 24, 2015
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Safe Harbor Fallout: Commission, Council Debate Parliament, German DPA Takes Next Step

"The ramifications of the European Court of Justice (ECJ) decision in the Schrems case, invalidating Safe Harbor, have continued. First, the European Parliament announced it will have EU commissioners and councilors address its plenary. Second, the data protection commissioner from the German state of Schleswig-Holstein has taken the step that many have predicted and issued a position paper that follows the ECJ 's logic to declare model contract clauses, even consent, to likely be invalid ways of transferring data to the U.S. The release from Parliament notes that MEPs are ""likely to ask the Commission to clarify the legal situation following the (Safe Harbor) ruling and demand immediate action to ensure effective data protection for EU citizens."" Businesses in Schleswig-Holstein that transmit personal data to the U.S. should review its procedures as quickly as possible and consider alternatives for the processing of personal data."

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