- PERSONAL DATA AND PRIVACY PROTECTION: HERE TO STAY
- CASE LAW
- RESOLUTIONS, RECOMMENDATIONS, OPINIONS AND OTHERS
INTELLECTUAL PROPERT Y, MEDIA AND IT NEWSLETTER
I PERSONAL DATA AND PRIVACY PROTECTION: HERE TO STAY
This quarter we could not fail to highlight the entry into force of the legislative package on the protection of personal data, which includes:
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95 / 46 / EC (General Regulation on Data Protection); and
- Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to it the processing of personal data by competent authorities for the purpose of prevention, investigation, detection or prosecution of criminal offenses or the execution of criminal penalties, and the free movement of such data, and repealing Framework Decision 2008/977/JHA.
The Regulation strengthens the accountability of controllers (responsible for determining the purposes and the means of the processing of personal data) and processors (responsible for processing personal data on behalf of the controller) so as to promote a real data protection culture.
Against that background, throughout the Regulation, a risk-based approach is introduced which allows for the modulation of the obligations of the controller and the processor according to the risk of the data processing they perform.
Additionally, codes of conduct and certification mechanisms contribute to compliance with the data protection rules, preventing overly prescriptive rules and reducing administrative burden without reducing compliance.
Moreover, the dissuasive character of the potential penalties that can be imposed creates incentives for controllers to comply with the Regulation.
Infringements shall be subject to administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher.
The new data protection rules laid down in the Regulation also provide for strengthened and enforceable rights for citizens. This allows a better control of individuals over their personal data leading to more trust in online services at a cross-border scale which will boost the Digital Single Market.
Children deserve specific protection as they may be less aware of the risks in relation to the processing of personal data, as well as of their rights.
These are just some of the changes but the reform is much broader a nd will involve a significant effort and noteworthy investment by the entities that disregarded personal data protection in the past. The protection of our personal data is definitely here to stay.
Regulation no. 379-A/2016. D.R. No 72/2016, 2nd Supplement, Series II of 2016-04-13
Changes Annex I of the Regulation no. 903-B/2015, which defines the Technical Conditions of the Online Game Technical System.
Commission Implementation Decision (EU) 2016/650, of 2016-04-25. OJEU L 109/40 of 2016-04-26
Lays down standards for the security assessment of qualified signature and seal creation devices pursuant to Articles 30(3) and 39(2) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identi fication and trust services for electronic transactions in the internal market.
Regulation (EU) 2016/679 of the European Parliament and of the Council, of 2016-04-27. OJEU L 119/1 of 2016-05-04
Governs the protection of natural persons with regard to the proces sing of personal data and to the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Directive (EU) 2016/680 of the European Parliament and of the Council, of 2016-04-27. OJEU L 119/89 of 2016-05-04
Rules the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA .
Directive (EU) 2016/681 of the European Parliament and of the Council, of 2016-04-27. OJEU L 119/132 of 2016-05-04
On the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime.
Directive (EU) 2016/943 of the European Parliament and of the Council, of 2016-06-8. OJEU L 157/1 of 2016-06-15
Regarding the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure.
Law No 15/2016, of 17 June. D.R. No 115/2016, Series I of 2016-06-17
Enhances the protection of consumers in contracts for the provision of electronic communication services with a loyalty period. Performs the twelfth change to the Electronic Communications Law.
Council Decision (EU) 2016/971 do Conselho, of 2016-06-17. OJEU L 161/2 of 2016-06- 18
On the conclusion, on behalf of the European Union, of an agreement in the form of the Declaration on the Expansion of Trade in Information Technology Products (ITA).
Resolution No 1054-A/2016. D.R. No 122/2016, 1st Supplement, Series II of 2016-06-28
Performs the update of the industrial property costs.
III CASE LAW
Judgment of the Court of Justice (Forth Chamber) of 2016-02-17.
Case C-314/14 (Directive 2010/13/EU — Article 19(1) — Separation of television advertising and programmes — Split screen — Article 23(1) and (2) — Limit of 20% per clock hour on the broadcasting time for television advertising spots — Sponsorship announcements — Other references to a sponsor — ‘Black seconds’)
Article 19(1) of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010, on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services, must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, under which a split screen that shows the closing credits of a television programme in one column and a list presenting the supplier’s upcoming programmes in the other, in order to separate the programme which is ending from the television advertising break that follows it, does not necessarily have to be combined with, or followed by, an acoustic or optical signal, provided that such a means of separ ation meets, in itself, the requirements set out in the first sentence of Article 19(1), a matter which is for the referring court to establish.
Article 23(2) of Directive 2010/13 must be interpreted as meaning that sponsorship signs shown in programmes other than the sponsored programme, such as those at issue in the main proceedings, must be included in the maximum time for the broadcasting of advertising per clock hour, set in Article 23(1) of that directive.
Article 23(1) of Directive 2010/13 must be interpreted, where a Member State has not made use of the power to lay down a stricter rule than that established by that article, as not only not precluding ‘black seconds’ which are inserted between the various spots of a television advertising break or between that break and the television programme which follows it from being included in the maximum time for the broadcasting of television advertising per clock hour which that article sets at 20%, but also as requiring their inclusion.
IV RESOLUTIONS, RECOMMENDATIONS, OPINIONS AND OTHERS
Communication from the Commission published pursuant to Article 27(4) of the Council Regulation (EC) No 1/2003. OJEU C 141/13 of 2016-04-22
Regarding the cross-border access to pay-tv.
Council Decision (EU) 2016/920, of 2016-05-20. OJEU L 154/1 of 2016-06-11
On the signing, on behalf of the European Union, of the Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offences.
CU ATRECASAS, GONÇALV ES PEREIRA & ASSOCI ADOS, RL
Sociedade de Advogados de Responsabilidade Limitada
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