GDPR: A simple explainer

guest · Oct 29, 2020

Major GDPR Fines in 2020
October 29, 2020
https://medium.com/the-capital/major-gdpr-fines-in-2020-634fa0b657f3

The General Data Protection Regulation (GDPR) is called the world’s toughest privacy and security law. It has been designed and complies with by the European Union (EU), but it also imposes obligations on organizations elsewhere as long as they target people in the EU or collect data on them.
Maximum GDPR Fines in 2020
According to the researches, GDPR penalties are mostly seen in Germany, France, and Austria. The total number of GDPR fines in 2020 is 19, and when we look in terms of Euros, we see that this number is 135.253.736 € in 2020.
There are two GDPR penalty levels: the lower level GDPR penalty covers up to € 10 million or 2% of worldwide annual income for the previous year, whichever is higher. Senior GDPR Penalty: Covers up to 20 million Euros and 4% of worldwide annual income.

Here are the biggest GDPR penalties in 2020: [...]
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guest · Nov 4, 2020

Oracle and Salesforce could face multi-billion-dollar GDPR lawsuit
Some people have 'had it' with Oracle and Salesforce's tracking practices
November 4, 2020
https://www.itproportal.com/news/oracle-and-salesforce-could-face-dollar13bn-gdpr-lawsuit/

The class action lawsuit against Oracle and Salesforce, announced earlier this year, has now officially been filed - and the two cloud giants could face huge GDPR fines.

According to Computer Weekly, the duo will have to present their case at the High Court of England and Wales.
The pair was sued by privacy campaigner and data protection specialist Rebecca Rumbul, who claims they “unlawfully” gathered user data and used it to “follow” people around the internet with ads.
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For the time being, Oracle remains relatively quiet on the matter, although the company did describe the lawsuit as “meritless action based on deliberate misrepresentations of the facts” in the summer.
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guest · Nov 13, 2020

mood said: ↑

GDPR Breach: German Privacy Regulator Fines 1&1 Telecom
$11 Million Fine for Authentication Shortcomings at Telecommunications Provider
December 10, 2019
https://www.inforisktoday.com/gdpr-breach-german-privacy-regulator-fines-11-telecom-a-13482
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German Court Slashes a GDPR Privacy Fine by 90%
November 13, 2020
https://www.databreachtoday.com/german-court-slashes-gdpr-privacy-fine-by-90-a-15359

A German appeals court has slashed by 90% a General Data Protection Regulation fine levied by the nation's federal privacy watchdog against 1&1 Telecom over call center data protection shortcomings.

In December 2019, Germany's Federal Commissioner for Data Protection and Freedom of Information, or BfDI, announced a fine of 9.6 million euros ($11.3 million) - at the time, the second-largest privacy fine ever announced in Germany - against 1&1 Telecom.
Fine Reduced
A district court in Bonn on Wednesday ruled that because "the fault of the telecommunications service provider is minor," the penalty should be reduced to 900,000 euros ($1 million).
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guest · Dec 1, 2020

France: CNIL imposes €2.25M fine on Carrefour France for GDPR and electronic communications code breaches
November 26, 2020
https://www.dataguidance.com/news/france-cnil-imposes-€225m-fine-carrefour-france-gdpr

The French data protection authority ('CNIL') announced, on 26 November 2020, that it had issued, on 18 November 2020, Deliberation No. SAN-2020-008 fining Carrefour France €2.25 million for failures under the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'), [...]

Moreover, CNIL found that Carrefour France had failed to provide adequate information on data transfers and the legal basis of processing on its website and had not provided information in an easily comprehensible format, thus breaching Article 13 of the GDPR on the right to be informed.
Moreover, CNIL held that Carrefour France breached Article 82 of the Act by automatically placing cookies on users' devices upon their access of the website, without first having obtained users' consent to the application of cookies.
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Client Alert: Fines imposed by French Data Protection Regulator including for Data Transfer Transparency Non-Compliance

ronjor · Dec 15, 2020

Twitter fined ~$550k over a data breach in Ireland’s first major GDPR decision

Natasha Lomas@riptari December 15, 2020
Ireland’s Data Protection Commission (DPC) has issued Twitter with a fine of €450,000 (~$547k) for failing to promptly declare and properly document a data breach under Europe’s General Data Protection Regulation (GDPR).
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guest · Dec 16, 2020

Swedish university fined $66,000 for GDPR violations
Umeå University research group held sensitive information on insecure cloud storage
December 16, 2020
https://portswigger.net/daily-swig/swedish-university-fined-66-000-for-gdpr-violations

A Swedish university has been fined SEK550,000 ($66,000) for storing sensitive personal information in the cloud without sufficiently protecting the data.

Umeå University, in mid-northern Sweden, violated the General Data Protection Regulation (GDPR) by failing to properly secure data related to a research study on male sexual health, the Swedish Data Protection Authority has ruled.
A research group had gained access to preliminary police reports concerning cases of male rape, a statement from the regulator reads.
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jaypeecee · Jan 4, 2021

Hi Folks,

Does GDPR still apply to the UK now that the UK is no longer part of the EU?

JPC

imdb · Jan 4, 2021

jaypeecee said: ↑

Hi Folks,

Does GDPR still apply to the UK now that the UK is no longer part of the EU?

JPC
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no.

Data protection law after 31 December 2020: will the GDPR apply in the UK after Brexit?

The EU GDPR will no longer apply directly in the UK at the end of the transition period (31 December 2020). However, UK organisations must still comply with its requirements after this point.
First, the DPA 2018 enacts the EU GDPR’s requirements in UK law. Second, the UK government has issued a statutory instrument – the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 – which amends the DPA 2018 and merges it with the requirements of the EU GDPR to form a data protection regime that will work in a UK context after Brexit.
This new regime will be known as ‘the UK GDPR’.
From 1 January 2021, UK organisations that process personal information of EU residents may need to:

Appoint an EU representative;

Identify a lead supervisory authority in the EU;

Update contracts governing EU–UK data transfers to incorporate SCCs (standard contractual clauses); and/or

Update policies, procedures and documentation in light of these changes.

Find out more about the new rules on data protection.
The EU GDPR’s requirements as implemented by Parts 3 and 4 of the DPA 2018 will continue to apply for law enforcement and intelligence purposes.
Find out the practical implications of these changes and what they mean for your business by attending our UK GDPR and DPA 2018 after Brexit Training Course.
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ronjor · Jan 5, 2021

GDPR Fines Exceeded €170 Million in 2020

By Eduard Kovacs on January 05, 2021
The GDPR, which requires organizations to protect the personal data and privacy of EU citizens, came into force in May 2018, and, based on publicly available information, it since resulted in fines totaling more than €250 million (roughly $300 million).
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stapp · Jan 18, 2021

GDPR: German laptop retailer fined €10.4m for video-monitoring employees

The data regulator for the German state of Lower Saxony has fined a local laptop retailer a whopping €10.4 million ($12.5 million) for keeping its employees under constant video surveillance at all times for the past two years without a legal basis.

The penalty represents one of the largest fines imposed under the 2018 General Data Protection Regulation (GDPR) not only in Germany but across Europe as well.
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https://www.zdnet.com/article/gdpr-...ined-eur10-4m-for-video-monitoring-employees/

guest · Jan 19, 2021

GDPR fines skyrocket as EU gets tough on data breaches
Law firm DLA Piper says fines have increased by 39 percent.
January 19, 2021
https://www.engadget.com/gdpr-fines-dla-piper-report-144510440.html

Europe’s new privacy protection regime has led to a surge in fines for bad actors, according to research published today. Law firm DLA Piper says that, since January 28th, 2020, the EU has issued around €158.5 million (around $192 million) in financial penalties.
That’s a 39-percent increase on the previous 20-month period Piper examined in its report, published this time last year. And as well as the increased fines, the number of breach notifications has shot up by 19 percent across the same 12-month period.
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guest · Jul 20, 2021

GDPR 3 years on: 43% of UK organisations reported to the ICO for a data breach
July 20, 2021
https://www.netimperative.com/2021/...ations-reported-to-the-ico-for-a-data-breach/

The study, from Apricorn, a manufacturer of software-free, 256-bit AES XTS hardware-encrypted USB drives, found that one third (33%) notified the ICO themselves, while 10% were reported by somebody else.
A further 9% of the IT leaders surveyed did not know whether a breach at their organisation had been reported to the ICO.

The risk of a data breach is the concern that troubles UK IT leaders the most when thinking about data privacy regulations, cited by 57% of respondents. Addressing the variety of threats to data is next on the list (42%).
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In addition, when asked about the biggest challenges associated with implementing a cybersecurity plan for remote/mobile working, 39% of IT leaders admitted they cannot be certain that their data is adequately secured, 18% said they don’t have a good understanding of which data sets need to be encrypted, and 15% have no control over where company data goes and where it is stored
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guest · Jul 30, 2021

EU hits Amazon with record-breaking $887M GDPR fine over data misuse
July 30, 2021
https://techcrunch.com/2021/07/30/e...ord-breaking-887m-gdpr-fine-over-data-misuse/

Luxembourg’s National Commission for Data Protection (CNPD) has hit Amazon with a record-breaking €746 million ($887m) GDPR fine over the way it uses customer data for targeted advertising purposes.

Amazon disclosed the ruling in an SEC filing on Friday in which it slammed the decision as baseless and added that it intended to defend itself “vigorously in this matter.”

“Maintaining the security of our customers’ information and their trust are top priorities,” an Amazon spokesperson said in a statement. “There has been no data breach, and no customer data has been exposed to any third party. These facts are undisputed.
“We strongly disagree with the CNPD’s ruling, and we intend to appeal. The decision relating to how we show customers relevant advertising relies on subjective and untested interpretations of European privacy law, and the proposed fine is entirely out of proportion with even that interpretation.”
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The penalty is the result of a 2018 complaint by French privacy rights group La Quadrature du Net, a group that claims to represent the interests of thousands of Europeans to ensure their data isn’t used by big tech companies to manipulate their behavior for political or commercial purposes.

The complaint, which also targets Apple, Facebook Google and LinkedIn and was filed on behalf of more than 10,000 customers, alleges that Amazon manipulates customers for commercial means by choosing what advertising and information they receive.
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guest · Aug 5, 2021

Austrian Data Protection Authority Fines ‘Unser Ö-Bonus Club GmbH’ €2,000,000
August 5, 2021
https://www.technadu.com/austrian-d...ines-unser-o-bonus-club-gmbh-e2000000/293478/

An Austrian loyalty program operator was fined 2 million Euros for unlawful user data collection.

The company obtained people’s consent improperly, failing to inform them about what that entails.

The firm continued to use the illegally obtained user data even after they admitted their wrongdoing.

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‘Unser Ö-Bonus Club GmbH,’ a Vienna-based company that operates a multi-partner loyalty program, got a fine of 2,000,000 EUR from the Austrian Data Protection Authority (Datenschutzbehörde) over multiple violations of the GDPR. In summary, the company served users with inadequate consent declarations, engaged in unlawful processing of personal customer data for profiling purposes, and actually continued all that even after they admitted their wrongdoing. The violations pertain to Articles 6, 7, 12, and 13 of the GDPR.
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guest · Aug 5, 2021

mood said: ↑

EU hits Amazon with record-breaking $887M GDPR fine over data misuse
July 30, 2021
https://techcrunch.com/2021/07/30/e...ord-breaking-887m-gdpr-fine-over-data-misuse/
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Amazon's Massive GDPR Fine Shows the Law's Power—and Limits
August 5, 2021
https://www.wired.com/story/amazon-gdpr-fine-shows-power-limits/

WE WERE PROMISED huge fines, and GDPR has finally delivered. Last week Amazon’s financial records revealed that officials in Luxembourg are fining the retailer €746 million ($883 million) for breaching the European regulation.

The fine is unprecedented: It’s the biggest GDPR fine issued to date and is more than double the amount of every other GDPR fine combined. The financial penalty, which Amazon is appealing, comes at a time when GDPR is feeling the strain of lax enforcement and measly fines.
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Despite the headline-grabbing fine, little is really known about the details of what Amazon has been fined for.
But by fining Amazon, Luxembourg’s National Commission for Data Protection has, at least for the short term, launched itself into the pro-privacy spotlight.

The spokesperson goes on to claim that the ruling in Luxembourg, which is based on how the company shows customers “relevant advertising,” is based on “subjective and untested interpretations of European privacy law, and the proposed fine is entirely out of proportion with even that interpretation.”
Amazon may have a point.
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Multiple people say the one-stop-shop is failing. “It's not working,” says Romain Robert, a program director at European data rights group NYOB. Robert claims the one-stop-shop system has caused GDPR complaints to become lost or resulted in lengthy delays and breakdowns in communication.

“It is a cumbersome system because it adds additional complexity to already very complex enforcement situations,” says Hielke Hijmans, chairman of the litigation chamber of Belgium’s data protection authority.
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guest · Aug 10, 2021

Italian Garante Fines Deliveroo 2.5M Euros for Unlawful Processing of Personal Data
August 5, 2021
https://www.huntonprivacyblog.com/2...ros-for-unlawful-processing-of-personal-data/

On August 2, 2021, the Italian Data Protection Authority (Garante per la protezione dei dati personali, “Garante”) announced that it had levied a €2,500,000 fine on Deliveroo Italy s.r.l. for the unlawful processing of personal data of approximately 8,000 Deliveroo riders, and various infringements of the EU Genera Data Protection Regulation (the “GDPR”).

The Garante also ordered Deliveroo to correct the GDPR violations it had found in Deliveroo’s data protection practices, including violations relating to, among others: [...]
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Read the Garante’s press release and decision (in Italian).
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ronjor · Feb 7, 2022

The Hidden Failure of the World's Biggest Privacy Law

By Shoshana Wodinsky 05 Feb 2021
The EU's landmark privacy law, GDPR, was supposed to change the world of tech privacy forever.
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ronjor · May 23, 2022

How GDPR Is Failing

Matt Burgess May 23, 2022 7:00 AM
The world-leading data law changed how companies work. But four years on, there’s a lag on cleaning up Big Tech.
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