Legal Tips

Home » Legal Tips



Cybersecurity & Privacy Legal Tips

A clear understanding of Cybersecurity legal issues is esssential for anyone working in the area. Our Legal tips section updates you on all Legal news on Cybersecurity and privacy issues!

GDPR & NIS Directive

cyberwatching.eu raises awareness of the two major legislative tools that are having a major impact on the EU cybersecurity landscape: The GDPR (Regulation 679/2016 on the protection of personal data) which becomes effective on 28 May 2018; and the NIS Directive (Directive 2016/1148 concerning measures for a high common level of security of network and information systems across the Union) which will be transposed by Member States by the 9th of May 2018. These two legislative instruments are  strictly intertwined with the NIS Directive refers to the applicable data protection law as to a necessary complementary set of rules.

How cyberwatching.eu helps

In addition to our regularly updated news below, we'll also be publishing a series of recommendations documents, which will help organisations to understand the interplay of the two legal frameworks, in order to clarify their intricacies, to solve potential conflicts of interpretation and to effectively enable R&I projects focussed on privacy and cybersecurity to effectively participate to the policy making debate of the next two years, both at national and EU level, on these matters. The project will therefore focus on the following activities:
•    Monitoring of the regulatory framework;
•    Understanding the legal complexity of the regulatory framework;
•    Drafting a list of policy issues to be solved at EU and/or national level;
•    Supporting R&I teams and proactively proposing areas of research and policy solutions

Our legal experts from ICT Legal Consulting are here to guide you through the most common and important terms. 

 

Source: ICT Legal Consulting  ICT Legal Consulting

 

The GDPR Temperature tool will help SMEs to understand where they stand with respect to the GDPR in terms of risks of sanctions. This tool consists of questions about data processing activities, also providing an indication of the company’s risk of sanctions and corresponding actionable recommendations coming directly from ICT Legal Consulting, a law firm with plenty of expertise in the area.

On November 13th the Italian Parliament finally approved Law Decree No. 105/2019, which significantly extends the scope of application of the Italian “golden powers” regulations, amending Law Decree No. 21/2012.

The European Union Agency for Fundamental Rights has released the updated 2018 edition of the “Handbook on European data protection law”.

On 29 December the Italian Budget Law for 2018 was published in the Italian Official Journal. The law at stake, which is probably one of the most relevant laws issued at the end of each year in Italy, contains some provisions that impact key elements of the forthcoming EU data protection framework – Regulation EU 2016/679 (“GDPR”)

Under Article 28 of the General Data Protection Regulation (“GDPR”), controllers must only appoint processors who can provide “sufficient guarantees” to meet the requirements of the GDPR. Processors must only act on the documented instructions of the controller and they can be held directly responsible for non-compliance with the GDPR obligations, or the instructions provided by the controller, and may be subject to administrative fines or other sanctions and liable to pay compensation to data subjects.

On 8 September 2017, the Council of the European Union reviewed the draft of the new e-Privacy Regulation (“EPR”) – previously published by the European Commission on 10 January 2017 -, which allows the use of first-party and third-party analytic cookies without express consent of the end-user.

The UN's International Telecommunication Union (ITU) has recently released the second version of its Global Cybersecurity Index which measures countries' commitment to cybersecurity and helps them to identify areas for improvement.

Scenario

On 28 April 28 the Italian Data Protection Authority (“Garante”) issued its first guidance on the new provisions of the General Data Protection Regulation (“GDPR”), consisting of a schematic overview of the changes in the current legal framework and recommendations on how to face them.

The Garante focused on six specific aspects:

Do you want to know more about the GDPR*?
Watch this live talk, streamed during the last Infosec event in London, where three experts in the field of cyber security & privacy give their perspective on GDPR compliance in reference to the European landscape.

News

The future of digital security was discussed by Prof. Christos Xenakis and Demosthenes Economou, Head of Operational Security Unit of ENISA, in the “Athens Calling” broadcast on Greek National Radio (Proto Programma – ERT).

Future Events

A two-day conference exploring how hostile or criminal intent can be identified through the observation of behavioural indicators and the use of tactical risk analysis and non-racial profiling technique.

10/06/2020 to 11/06/2020

 Cyberwatching.eu and the SOFIE project are collaborating to organise a 2-hour workshop entitled “Decentralised operation and security in the IoT Space” to be held on 18th June at 11 AM CEST (12 PM EEST). The workshop will be showcasing how decentralized operation and security in the IoT Space help our society and economy.

18/06/2020