Ahead of the application of the GDPR on 25 May 2018, the French Data Protection Authority (the “CNIL”) launched a second round of online public consultation on 3 new topics identified by the Article 29 Working Party (“WP29”) in its 2017 action plan. From 24 February 2017 to 24 March 2017, professionals and individuals were invited to share concrete questions, possible interpretation difficulties of and good practice examples on the following provisions of the GDPR:
- Breach notification: the questions submitted related to: (i) the person within the organisation in charge of filing a breach notification; (ii) situations under which a breach notification is not required; (iii) the timing of the notification; (iv) the elements that must be included in a notification; and (v) situations under which individuals must be notified.
- Consent: the questions submitted related to: (i) the definition of consent; (ii) the consent of minors and to the processing of sensitive data; (iii) consent evidence; and (iv) consent withdrawal.
- Profiling: the questions submitted referred to: (i) the identification of profiling companies and activities; (ii) the rights of the data subjects; (iii) profiling on social networks; (iv) the implementation of the privacy by design and privacy by default concepts; (v) the requirements applying to profiling for certain sectors including, amongst others, (banking, e-commerce, telecommunications); and (vi) the information that must be excluded from profiling activities.
Following this consultation, a Fablab was held by the WP29 in Brussels on 5 and 6 April 2017.
The first public consultation launched by the CNIL took place in June 2016 and addressed the GDPR requirements regarding data portability, data protection officers, data protection impact assessments and certification. The results were published in November 2016.
A press release from the CNIL about the Fablab, and an update on the other WP29 activities is available here.
Submitted by Thierry Dor, Partner and Laurie-Anne, Evra-Ancenys, Senior Associate of Gide Loyrette Nouel Paris – Paris, France