The EDPB Releases Draft Practical Guidelines on Personal Data Breach Notification

The EDPB Releases Draft Practical Guidelines on Personal Data Breach Notification

The European Data Protection Board (“EDPB”) has recently released new draft guidelines on personal data breach notification.  

These new guidelines complement the previous and more general guidelines on the same subject that were issued by the EDPB, then the article 29 Working Party, in October 2017 (see here for more details)

Although quite comprehensive, the previous guidelines lacked practical details in certain regards as they were drafted at a time where the authorities and organisations did not have much experience of personal data breach notification. More than two years later, the EDPB has decided to provide guidelines made up of practical examples taken from their experiences.

Schrems II: The EDPB Released a FAQ Awaiting its Guidance on the CJEU Judgment

Schrems II: The EDPB Released a FAQ Awaiting its Guidance on the CJEU Judgment

On 23 July 2020, the European Data Protection Board (EDPB) released a FAQ on the consequences of the CJEU’s judgement of 16 Juley 2020 (Schrems 2)

This judgment invalidates the Privacy Shield, an EU-US data transfer mechanisms, and conditions the validity of the Standards contractual clauses (SCCs), another transfer mechanisms, to the prior analysis of the level of protection provided by the third country recipient and the implementation of additional measures where necessary.

This FAQ  provides a glimpse of the position of the Authorities following the CJEU Decision that calls into question the possibility to transfer any personal data to the US. However, the EDPB remains relatively unspecific as it is currently working on more detailed guidance that should be released shortly.