Posted in Privacy

California Consumer Privacy Act: The Challenge Ahead – A Comparison of 10 Key Aspects of The GDPR and The CCPA

Similarities (and differences) across the EU GDPR and the CCPA around Geographical scope, entities subject to these laws, personal data definition, notice requirements, access+portability rights, deletion and opt-out rights, processors-service provider(s) relationship, consent and enforcement.

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Posted in Privacy

New Belgian Data Protection Act Takes Effect

Among the novelties:

  • scope is extended to intelligence agencies too (as the UK did too);
  • children’s consent age is lowered to 13 years old (lowest threashold admissible in the GDPR);
  • Genetic, Biometric and Health-Related Data require additional layers of protection (mention of specific personnell authorised + their role);
  • processing of criminal records has a wider purpose to include managing of disputes, with the data owner’s consent and for public interest/scientific/historic/legal/statistical purposes,;

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Posted in Asian Law, Privacy

Can we assess the enforcement of data protection and cybersecurity in Mainland China?

firstly, come curiosities:

  • the scope of such law is quite wide (cybersecurity + cyber sovereignty + national security and public interests + legitimate rights and interests of natural/legal persons + healthy development of economic and social informatization);
  • secondly, some of its provisions can conflict with Criminal Law (中华人民共和国刑法)and the 2015 Advertising Law (中华人民共和国广告法.

Compliance is hard to check: on one side, one can’t rely on state media and on the other hand, private blogs may not be totally reliable either. Furthermore, state media and authorities may sometime publish reports on social media rather than their own website.

All in all, although hard to track ,enforcement is definitely being carried out in mainland China.

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