Author: stefan

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Switzerland: FDPIC recognizes new EU SCC

Press release:
https://www.edoeb.admin.ch/edoeb/en/home/latest-news/aktuell_news.html#-1259254222y

“27.08.2021 – In its statement of 27 August 2021, the FDPIC recognises the standard contractual clauses for the transfer of personal data to third countries in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (pursuant to Implementing Decision 2021/914/EU) as the basis for personal data transfers to a country without an adequate level of data protection, provided that the necessary adaptations and amendments are made for use under Swiss data protection law.

The following explanations show which adaptations and amendments must be made. The standard contractual clauses pursuant to the European Commission Decision of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council (2010/87/EU), the Swiss Transborder Data Flow Agreement (for outsourcing of data processing) of November 2013 and Council of Europe model contract to ensure equivalent protection in the context of cross-border data flows can still be notified until 27 September 2021 and continue to be used during a transitional period until 31 December 2022. ”

The transfer of personal data to a country with an inadequate level of data protection based on recognised standard contractual clauses and model contracts (PDF, 303 kB, 27.08.2021):
https://www.edoeb.admin.ch/dam/edoeb/en/dokumente/2021/Paper%20SCC%20def.en%2024082021.pdf.download.pdf/Paper%20SCC%20def.en%2024082021.pdf

More information about transborder data flows:
https://www.edoeb.admin.ch/edoeb/en/home/data-protection/handel-und-wirtschaft/transborder-data-flows.html

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EU – mHealth label published

The new technical specification on a quality label for health and wellness apps has been published by ISO, CEN and IEC. It brings together and builds on guidelines and requirements for apps, by many local and national health organizations around the world to ensure they are safe, reliable and effective.

https://digital-strategy.ec.europa.eu/en/news/mhealth-label-published

ISO/TS 82304-2, Health software – Part 2: Health and wellness apps – Quality and reliability, brings together and builds on guidelines and requirements for apps by many local and national health organizations around the world to ensure they are safe, reliable and effective.

at ISO: https://www.iso.org/news/ref2704.html

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China: PIPL – Personal Information Protection Law

The Personal Information Protection Law of China needs to be read together with

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GDD Praxishinweise Schrems II Fragebogen

Practical advice on responding to the questionnaires shared by some German DPAs related Schrems II.

https://www.gdd.de/downloads/praxishilfen/prax-praxishilfen-neustrukturierung/GDDPraxishinweise_Fragebogen_Aufsicht_Konzern_SchremsII.pdf

The referenced paper by the Wissenschaftliche Dienst des Deutschen Bundestags on “US-Datenrecht – Zugriff US-amerikanischer Behörden auf Daten”
https://www.bundestag.de/resource/blob/796102/ea53ffe8e08a9ab11e270719263d8c53/WD-3-181-20-pdf-data.pdf

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UK: ICO consultation on data transfers outside the UK

https://ico.org.uk/about-the-ico/ico-and-stakeholder-consultations/ico-consultation-on-data-transferred-outside-of-the-uk/

open until 07.10.2021, includes:

Comments in German by Bernadette Bucheli at https://datenrecht.ch/ico-entwurf-uk-addendum-zu-den-standardvertragsklauseln/

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Cybersec4europe – Publications

“As a research project, CyberSec4Europe is working towards harmonising the journey from the development of software components that fit the requirements identified by a set of short- and long-term roadmaps, leading to a series of consequent recommendations. These are tied to the project’s real-world demonstration use cases that address cybersecurity challenges within the vertical sectors of digital infrastructure, finance, government and smart cities, healthcare and transportation.”