ICC presses for revisions to the EU controller to processor model clauses
As Chairman of the UK E-Business, IT and Telecoms Committee of the International Chamber of Commerce, Robert Bond reports that the ICC continues to press the European Commission for adoption of the ICC's proposed revisions to the model clauses for the transfer of personal data between a data controller in the EEA and a data processor outside the EEA. Whilst the European Commission and the Article 29 Working Party have been considering the ICC's proposals it is taking some while to get a sense as to whether or not all of the proposals will be accepted.
Whilst the model clauses allow for data controllers to use data processors outside the EEA for a variety of processing activities some aspects of the model clauses are uncommercial in relation to the standards of data security required as well as the lack of clarification as to how the use of sub-contracted data processors can be covered by the model clauses which do not currently address such a situation.
Austria makes major amendments to its data protection laws
We have recently learnt from Rainer Knyrim a Partner with Preslmayr in Vienna, Austria's leading Data Protection lawyer who trained with Robert Bond years ago, that the Austrian Data Protection Act has been amended so that:-
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Personal Data is defined so as to exclude corporate data
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Inter-governmental data sharing is allowed
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Businesses with more than 20 employees must appoint a data protection officer
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New rules on the use of CCTV will be implemented.
For some while Austria has had an interpretation of personal data that included not only data relating to individuals but also to corporates which is generally not the interpretation adopted by other EU member states and so the revisions to the Austrian law brings the country more into line with the rest of the EU.
For further information please contact Robert Bond.
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