Sylwia Paszek
Privacy Shield has been in operation for a year, but will it continue?
The first year of functioning of the Privacy Shield programme will soon end. A review of the programme is scheduled for September 2017. It is designed to be a thorough verification of whether the programme meets the hopes pinned on it and effectively ensures adequate protection of personal data by American recipients of data registered for the programme. The review should also determine the future direction for development of the programme and identify areas requiring improvement.
Privacy Shield up and running
On 12 July 2016 the European Commission adopted a decision under Directive 95/46/EC on the adequacy of the protection provided by the EU–US Privacy Shield, confirming that entities operating in the United States that meet the conditions specified in the Privacy Shield programme will be deemed to provide an adequate level of protection of personal data. This means that it will be permissible to forward personal data to such entities without the need to apply other mechanisms to ensure adequate protection of the data, such as binding corporate rules or approval of the data protection authority.
New era for personal data protection
Work is underway on a General Data Protection Regulation for the EU. The changes expected in the new legislation will be important for outsourcing companies. Among the planned changes, there will be severe sanctions for violation of data protection regulations.
Transfer of personal data to the United States: Privacy Shield v Safe Harbour
Invalidation of the Safe Harbour decision created a gap in the system for transfer of data from Europe to the US. The question arose of how to evaluate the legality of existing data transfer practices based on Safe Harbour, and what rules to apply in the resulting vacuum.
The new EU data protection framework and medical research
The EU’s proposed General Data Protection Regulation has raised issues about the impact that new privacy protections may have on how clinical trials are conducted and information about patients is used for research purposes. Sylwia Paszek of Wardyński & Partners discussed concerns about the draft regulation in an interview by Simon Fuller.
Abusive clauses in the life cycle of a consumer contract
In contracts with consumers, intentional or unintentional use of terms that have been held (or could be held) to be abusive may cause major problems for businesses, including financial consequences.
E-commerce: Terms and conditions for online shops
Can the most popular prohibited clauses be permitted if they are worded differently?
New toy safety rules are not child's play
Toy companies must now control product quality, register suppliers and purchasers of certain products, and warn consumers against improper use of products.
When individual packages or products must be marked with a price
Is a seller free to decide whether or not to mark each package or item with a price, or is this a legal requirement? When is it alright to use a barcode instead of a price?
Confusion in personal data protection obligations in clinical trials
Even though a specific code of conduct and a structured process apply to clinical trials, there are lacking dedicated, specific regulations on protecting the personal data obtained in such trials.
When trade inspectors may seize goods
Are trade inspectors entitled to seize a batch of products during an inspection, for as long as it takes to determine whether the products meet applicable quality standards?
When retailers bear the cost of lab testing of products
A seller may be required to cover the cost of laboratory tests ordered by a trade inspector during the inspection of a business if the tests show that the product does not meet quality or safety standards.
