GDPR: A simple explainer

Minimalist · Jun 30, 2018

French Hackers Learn to Cash In on EU's New Data Protection Rules

The first month since EU General Data Protection Regulation (GDPR) came into force has seen a new wave of cyber fraud in France. Rogues appear to be taking advantage of common fears of state penalties and are increasingly gouging money out of enterprises.
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https://sputniknews.com/science/201806301065914868-french-hackers-eu-data-protection/

guest · Jul 2, 2018

Namecheap users rage at domain transfer pain, but their supplier Enom blames... err, GDPR?
July 2, 2018
https://www.theregister.co.uk/2018/07/02/namecheap_customers_complain_of_domain_transfer_pain/

UK domain registrar Namecheap has admitted that some customers have been unable transfer or register domains, but passed the buck to its supplier Enom.

The issues have affected certain .co.uk, .uk or .de domains – and exasperated users reported having to pay Nominet fees in order to get back domains they had attempted to transfer.

For its part, Enom's status page has detailed the issues under the heading "GDPR implementation", although it isn't clear how the General Data Protection Regulation is at fault for this specific issue. (When we asked a friendly lawyer, they responded: "Sod knows.")
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Minimalist · Jul 2, 2018

Data Regulators See Spike In GDPR Complaints

Companies are seeing a sharp spike in requests for information on how their data is collected and processed following the introduction of the General Data Protection Regulation (GDPR) across Europe a month ago, with many requesting extensions to the legal deadline for their replies.

The regulation has also shaken up the online advertising business, with some adtech firms withdrawing from the European market and advertising spend sharply lower.
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https://www.silicon.co.uk/workspace/information-commissioners-spike-gdpr-complaints-234505

guest · Jul 3, 2018

Data Privacy: Why Pay Attention to European GDPR?
GDPR rules and penalties generally apply to European companies and global companies doing business in Europe. However, American business leaders should be paying close attention.
July 2, 2018
https://www.financialexecutives.org...ivacy-Why-Pay-Attention-to-European-GDPR.aspx

The Members of Congress who grilled Mark Zuckerberg in April didn’t capture all the technical nuances of data handling, but they clearly captured U.S. society’s increasing unease with a Wild West approach to handling private information. Citizens’ attitudes are changing. So is the business climate.

Furthermore, even if CFOs have determined their companies don’t collect personal information from EU citizens—and therefore aren’t affected directly by GDPR—they may nonetheless be indirectly affected by GDPR in the form of supply-chain certifications.

Complacency may lead to fines or reputational damage or both. The potential for huge fines under GDPR has now been well-publicized. But even if the U.S. continues on a more market-based approach—without government-levied fines for non-compliance—there’s the risk of reputational damage.
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Minimalist · Jul 4, 2018

GDPR Creates Confusion In Global Adtech Industry

Online publishers and ad exchanges are taking differing routes to compliance with the newly introduced General Data Protection Regulation (GDPR), with consumer groups finding that many publishers are continuing to serve personalised ads without obtaining consent.

Compliance within the ad industry is also being made more complex due to Google’s delay in joining a consortium formed to grapple with GDPR issues, potentially leaving publishers and others open to fines.
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https://www.silicon.co.uk/workspace/gdpr-creates-confusion-in-global-adtech-industry-234565

guest · Jul 7, 2018

AI shows that none of the big tech firms are GDPR compliant
And we should be surprised, how?
July 6, 2018
https://www.theinquirer.net/inquire...none-of-the-big-tech-firms-are-gdpr-compliant

RESEARCH USING artificial intelligence (AI) has found that most of the big tech firms still aren't complying with GDPR regulations, over a month after they were introduced.

A team of researchers from Italy used their artificially-intelligence computer system, 'Claudette', to look at a number of big-name tech firms and, more specifically, their privacy policies.
The companies analyses include Google, Facebook, Instagram, Amazon, Apple, Microsoft, WhatsApp, Twitter, Uber, Airbnb, Booking.com, Skyscanner and Netflix.

Unsurprisingly, the results are not good. Claudette, which was built by the law department of European University Institute, specifically for this project, found that every last one failed. All of 'em.

"None of the 14 analysed privacy policies gets close to meeting the standards put forward by the GDPR. Unsatisfactory treatment of the information requirements; large amounts of sentences employing vague langue; and an alarming number of 'problematic' clauses cannot be deemed satisfactory."
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guest · Jul 8, 2018

While everyone was focused on GDPR, the NIS Directive snuck in through the back door
July 7, 2018
https://venturebeat.com/2018/07/07/...nis-directive-snuck-in-through-the-back-door/

The growing number and sophistication of malicious cyberattacks on critical infrastructure have led European Union (EU) legislators to adopt the Network and Information Security (NIS) Directive (NISD).

While the EU’s General Data Protection Regulation (GDPR) is a privacy directive focused on organizations that collect personal data, the NIS Directive is focused on strengthening resilience for providers of critical infrastructure services.

Interestingly, GDPR garnered a lot more publicity than NISD — perhaps because EU consumers are fiercely protective of their online privacy. The irony is that NISD is perhaps much more vital to the proper functioning of society than protecting personal information like email addresses and phone numbers
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guest · Jul 20, 2018

Irish Lawmakers Realizing The GDPR's Consent Requirements Seem A Bit Onerous, Want To 'Infer' Consent
July 20, 2018
https://www.techdirt.com/articles/2...-seem-bit-onerous-want-to-infer-consent.shtml

Once again, we find lawmakers who seemingly championed "strong privacy" rules like the GDPR suddenly freaking out when they realize such laws might apply to government bodies as well.
This time it involves Irish lawmakers trying to figure out how different government agencies can share data between those agencies in order to provide better services.

But, here's the problem: doing so without "consent" would seem to violate the basic concepts of the GDPR, so the Minister of State for Public Procurement, Open Government and eGovernment, Patrick O'Donovan, decided to try to take the easy way out and say that the government should be able to "infer" consent, [...]

But the problem is that the GDPR generally does not view things that way. This is yet another example of where people who view privacy through a singular lens of "don't do anything at all with my data," often fail to realize how extreme that position is, and how it limits perfectly normal functions.
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Minimalist · Jul 20, 2018

Has GDPR Impacted Insider Threats?

According to new research from Clearswift, the introduction of GDPR has led to a slight drop in insider threats in both the UK and Germany. Survey respondents said that insider threats make up 65% of reported incidents in 2018, compared to 73% last year. German companies reported similar declines, with insider error incidents at 75% this year, down from 80% last year.
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https://www.infosecurity-magazine.com/news/has-gdpr-impacted-insider-threats/

ronjor · Jul 25, 2018

Under GDPR, Data Breach Reports in UK Have Quadrupled

Mathew J. Schwartz (euroinfosec) July 25, 2018
GDPR imposes a number of new requirements on organizations that handle people's personal information. But one of the biggest changes is that organizations must track all breaches, as well as report certain types of breaches to authorities "within 72 hours of becoming aware of the breach, where feasible," according to the Information Commissioner's Office, which is the U.K.'s data privacy watchdog and GDPR enforcer (see GDPR and the Next Generation of Privacy Legislation).
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guest · Aug 7, 2018

mood said: ↑

Instapaper is temporarily shutting off access for European users due to GDPR
The read-it-later app needs time to make changes ahead of GDPR going into effect on Friday
May 23, 2018
https://www.theverge.com/2018/5/23/17387146/instapaper-gdpr-europe-access-shut-down-privacy-changes
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Instapaper returns for EU users post-GDPR with new premium subscription option
The read-it-later app took two months to comply with the new data privacy law
August 07, 2018
https://www.theverge.com/2018/8/7/17660420/instapaper-gdpr-user-privacy-eu-return-premium-relaunch

“Over the past two months we have taken a number of actions to address the General Data Protection Regulation, and we are happy to announce our return to the European Union,” reads a blog post from Brian Donohue and Rodion Gusev, who now run Instapaper independently after they split from parent company Pinterest last month.

They say they’ve updated Instapaper’s privacy policy, though it remains unclear at the moment why it took so long to become GDPR-compliant. Donohue and Gusev say they’re posing the privacy policy to GitHub “in the interest of transparency” where any interested user can view a versioned history of all the changes to it.
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ronjor · Aug 7, 2018

More than 1,000 U.S. news sites are still unavailable in Europe, two months after GDPR took effect

By Jeff South Aug. 7, 2018
Websites had two years to get ready for the GDPR. But rather than comply, about a third of the 100 largest U.S. newspapers have instead chosen to block European visitors to their sites.
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guest · Aug 9, 2018

mood said: ↑

Icann Files Suit in Germany in Bid to Clarify GDPR
May 31, 2018
https://www.infosecurity-magazine.com/news/icann-files-suit-in-germany-bid/
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ICANN Loses Yet Again In Its Quixotic Quest To Obtain A Special Exemption From The EU's GDPR
August 08, 2018
https://www.techdirt.com/articles/2...st-to-obtain-special-exemption-eus-gdpr.shtml

The Appellate Court pointed out that ICANN could hardly claim it would suffer "irreparable harm" if it were not granted an injunction forcing EPAG to gather the additional data. If necessary, ICANN could collect that information at a later date, without any serious consequences. ICANN's case was further undermined by the fact that gathering administrative and technical contacts in the past had always been on a voluntary basis, so not doing so could hardly cause great damage.

ICANN says that it is "considering its next steps", but it's hard to see what those might be, given the unanimous verdict of the courts. Maybe it's time for ICANN to comply with the EU law like everybody else, and for it to stop wasting money in its forlorn attempts to get EU courts to grant it a special exemption from the GDPR's rules.
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guest · Aug 9, 2018

mood said: ↑

Shock Land Rover Discovery: Sellers could meddle with connected cars if not unbound
July 27, 2018
https://www.theregister.co.uk/2018/07/27/jaguar_land_rover_connected_car_privacy/
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Second-hand connected car data drama could be a GDPR minefield
August 09, 2018
https://www.theregister.co.uk/2018/08/09/connected_car_legal/

Risk management expert AJ Witt commented: "JLR are storing the new driver's data on their servers, and releasing it to the previous owner without the new driver's permission. [The] new driver hasn't provided consent. [It's] a pretty cut and dried GDPR breach."

Dai Davis, a solicitor at Percy Crow Davis & Co and an expert in data protection law, agreed that JLR was likely at fault under the EU's General Data Protection Regulation.

Car makers may have a case to answer even outside the rules of GDPR. Lilian Edwards, an IT law academic and self-confessed GDPR nerd, approached the issue from the perspective of contract law.
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guest · Aug 28, 2018

ICO Breach Complaints Jump 160% in a Year
August 28, 2018
https://www.infosecurity-magazine.com/news/ico-breach-complaints-jump-160-in/

An FOI request issued by London-headquartered EMW revealed that the watchdog received 6281 complaints between May 25 and July 3 this year: a 160% increase on the same period in 2017.

To cope with the extra burden, the ICO itself is on a recruiting drive and hopes to increase the number of full-time staff from the current 530 up to 720, the report also revealed.

Its annual funding of £24m will also shoot up to £38m in 2018-19.

Mark Adams, regional vice-president of UK & Ireland at Veeam, claimed the figures should be a wake-up call for UK businesses. [...]
“Businesses must therefore now become far more proactive in managing that data, because the cost of failure exceeds the now infamously heavy penalties. It could also cause a long tail of damage for a company’s brand and reputation.”
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Minimalist · Sep 10, 2018

100 days of GDPR

This past weekend marks 100 days since General Data Protection Regulation (GDPR) went into effect, affecting businesses globally.

Everyone who expected immediate headline-grabbing penalties must be disappointed. Although the EU Commision received complaints on companies such as Facebook, Google, Instagram and WhatsApp within hours of the new data protection law taking effect, nothing massive has happened yet. And as the new directive increases the maximum potential fines up to €20 million (£17.6 million) or 4% of global annual turnover from the €551,000 (£500,000) penalty proposed in the “original legislation”, the interest of media won’t wear off any time soon.
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https://www.welivesecurity.com/2018/09/10/100-days-gdpr/

Minimalist · Sep 14, 2018

A legal storm is brewing

GDPR is without a doubt placing pressure and emphasis on the way businesses handle and manage sensitive customer data, writes Stuart Sharp, Global Director of Solutions Engineering at OneLogin.

To make things even more complicated, we have consumers driving change and demanding businesses adopt technology that influences the customer experience. The legal sector has perhaps struggled more than most to address such demands.
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https://www.professionalsecurity.co.uk/news/interviews/a-legal-storm-is-brewing/

ronjor · Sep 18, 2018

Most European companies failing to meet GDPR obligations

David Braue (CSO Online) on 18 September, 2018
Poor GDPR compliance a warning for Australian companies preparing for Consumer Data Right’s introduction in 2019
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guest · Sep 21, 2018

Vote Leave Analytics Firm Hit with GDPR Notice
September 21, 2018
https://www.infosecurity-magazine.com/news/vote-leave-analytics-firm-hit-with/

A controversial Canadian data analytics firm that helped Vote Leave target voters during the EU referendum could be facing the first ever GDPR fine to be issued by the UK data protection regulator.

Aggregate IQ (AIQ) processed voters’ personal data including names and email addresses for Vote Leave, BeLeave, Veterans for Britain and the DUP Vote to Leave campaigns, according to the Information Commissioner’s Office (ICO).

“This is because the controller has processed personal data in a way that the data subjects were not aware of, for purposes which they would not have expected, and without a lawful basis for that processing,” it explained.

Although the data was collected before the GDPR came into force, it was apparently retained and processed after that date.
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Minimalist · Sep 21, 2018

Information Commissioner Issues UK’s First Formal GDPR Notice

Data protection stakes are higher than ever as regulator fines Equifax £500,000 and issues a GDPR notice to firm that worked with Brexit campaigners
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https://www.silicon.co.uk/workspace/ico-uk-first-gdpr-notice-237177

guest · Sep 25, 2018

France records big jump in privacy complaints since GDPR
September 25, 2018
https://techcrunch.com/2018/09/25/france-records-big-jump-in-privacy-complaints-since-gdpr/

France’s CNIL agency said today that it’s received 3,767 complaints since May 25, when GDPR came into force, up from 2,294 complaints over the same period last year — which it notes was already a record year.

CNIL says this represents a 64% increase in complaints, which it suggests shows that EU citizens have “seized the GDPR strongly” — attributing public engagement on the issue to media attention on the new regulation and on data protection stories such as the Facebook-Cambridge Analytica data misuse scandal.

It also reports receiving more than 600 data breach notifications, affecting a total of around 15 million people, since GDPR D-Day.

A report in The Irish Times at the end of July also indicated similar increases in Ireland.
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ronjor · Oct 3, 2018

Europe is drawing fresh battle lines around the ethics of big data

Natasha Lomas@riptari
First GDPR fines coming this year is just the start, says data protection supervisor Giovanni
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Minimalist · Oct 3, 2018

The Effects of GDPR's 72-Hour Notification Rule

The EU's GDPR regulation requires companies to report a breach within 72 hours. Alex Stamos, former Facebook CISO now at Stanford University, points out how this can be a problem:
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https://www.schneier.com/blog/archives/2018/10/the_effects_of_5.html

guest · Oct 7, 2018

ePrivacy: An overview of Europe’s other big privacy rule change
October 7, 2018
https://techcrunch.com/2018/10/07/eprivacy-an-overview-of-europes-other-big-privacy-rule-change/

But why does Europe need another digital privacy law. Why isn’t GDPR enough?
There is some debate about that, and not everyone agrees with the current approach. But the general idea is that GDPR deals with general (personal) data.

Whereas the proposed update to ePrivacy rules is intended to supplement GDPR — addressing in detail the confidentiality of electronic communications, and the tracking of Internet users more broadly.
So whereabouts in the process are we?
The Commission’s original reform proposal came out in January 2017. More than a year and a half later EU institutions are still stuck trying to reach a consensus. It’s not even 100% certain whether ePrivacy will pass or founder in the attempt at this point.

Like GDPR, the proposed ePrivacy Regulation would also apply to companies offering services in Europe not only those based in Europe. And it also includes major penalties for violations (of up to 2% or 4% of a company’s global annual turnover) — similarly intended to bolster enforcement and support more consistently applied EU privacy rules.
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guest · Oct 10, 2018

GDPR has cut ad trackers in Europe but helped Google, study suggests
October 09, 2018
https://techcrunch.com/2018/10/09/g...s-in-europe-but-helped-google-study-suggests/

An analysis of the impact of Europe’s new data protection framework, GDPR, on the adtech industry suggests the regulation has reduced the numbers of ad trackers that websites are hooking into EU visitors.

But it also implies that Google may have slightly increased its marketshare in the region — indicating the adtech giant could be winning at the compliance game at the expense of smaller advertising entities which the study also shows losing reach.

“The effects of the GDPR on the tracker landscape in Europe can be observed across all website categories. The reduction seems more prevalent among categories of sites with a lot of trackers,” they write, discussing the findings in a blog post.

In their analysis they found smaller tracker players lost between 18% and 31% reach/marketshare when comparing April (pre-GDPR) and July (post-GDPR). [...] They also found that Facebook suffered a decline of just under 7%.
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