January

Background screening companies that plan to conduct a background investigation or check on an individual who lives, or previously lived and worked, in the European Union (EU) should consider the General Data Protection Regulation (GDPR) before transferring data to the United States from the EU.

GDPR requires the designation of a Data Protection Officer (DPO) who can be an internal employee or can be hired as an outside consultant to work with a controller or processor. Failure to do so could result in administrative fines of up to 10 million Euros or up to 2% of the "total worldwide annual turnover of the preceding financial year".

The Centre for Information Policy Leadership (CIPL) has issued a white paper on Ensuring the Effectiveness and Strategic Role of the Data Protection Officer under the General Data Protection Regulation.
 
The White Paper sets forth guidance and recommendations concerning the DPO's interpretation and implementation of the GDPR's provisions. The White Paper encourages a flexible and pragmatic implementation of the GDPR's DPO provisions to ensure that they work for organizations of all sizes and types, from large multinational organizations to SMEs, start-ups, NGOs and public authorities.
 
It identifies challenges posed by specific DPO requirements and proposes sensible interpretations and best practices.

EU-US data protection framework, known as the "Umbrella Agreement" has been as backed by a large majority in a European Civil Liberties Committee. The deal will ensure data protection standards for data exchanged by police and law enforcement across the Atlantic.

The Umbrella Agreement covers the transfer of all personal data, such as names, addresses or criminal records, exchanged between the EU and US for the prevention, detection, investigation and prosecution of criminal offenses, including terrorism.

The agreement ensures that citizens on both sides of the Atlantic will have the right to be informed of data security breaches, have inaccurate information corrected and seek judicial redress at court.