Spoiler Alert: Behavioral advertising companies will find some bad news in the guidance.

The Article 29 Working Party (WP29) advisory group, which will soon become the more transparently-named (and very powerful) European Data Protection Board, is busy drafting and issuing guidance documents to help organizations understand how European data protection authorities will interpret various requirements of the General Data Protection Regulation (GDPR).  WP29 recently issued draft guidance relating to automated decision-making and profiling that will be critical for all organizations that conduct those activities. The draft guidance is open for comments until Nov. 28, 2017.  This post recaps some of the particularly interesting aspects of the draft guidance, which can be found in full here (scroll down to the items just above the “Adopted Guidelines” section).

But first, what counts as automated decision-making under the GDPR?  And what is “profiling”? Continue Reading Key GDPR Guidance on Behavioral Advertising, Profiling and Automated Decision-Making

The Article 29 Working Party has released opinions on Privacy Shield and “essential guarantees” under EU law relating to surveillance, here and here.

Please join us in our webinar at 1 pm EDT today to learn more about the Article 29 Working Party’s opinion on Privacy Shield (register here).  We will look at the opinion’s likely impact on Privacy Shield’s rocky progress through the EU bureaucracy, as well as on the legal attacks that we expect Privacy Shield will face if and when it is ultimately adopted by the Commission.

 

UPDATE: The Article 29 Working Party has released surprisingly brief comments on Privacy Shield, available here.  Consistent with the press briefing held earlier today (see below), WP29 has concluded that Privacy Shield falls short without providing specific guidance as to what, exactly, an acceptable version of Privacy Shield would look like.

Earlier today, the Article 29 Working Party (“WP29”) held a press conference to give a preview of its assessment of the proposed EU-US Privacy Shield arrangements that were slated to replace the struck-down Safe Harbor program and bring much-needed certainty to companies that transfer personal data from the EU to the US.

While full comments will be available later today, we know now that WP29 has declined to give Privacy Shield its support.  It appears that WP29 has serious concerns about the limitations of US national security agencies to conduct mass surveillance.  WP29 is also skeptical about the rights of redress for EU residents and would prefer that EU residents be able to bring complaints immediately via their local EU data protection authorities.    We will cover the WP29 assessment more fully during our webinar on Thursday, April 14.  Register here.  In the meantime, for those who would like to listen to the press briefing, an audio recording is available here:  https://scic.ec.europa.eu/streaming/article-29-working-party