Data Protection Officers (DPOs) and Heads of compliance are working in a new emerging and changing environment. They require guidance on how to deal with these changes, and to understand the practical implication. Many questions exist, and there is much discussion amongst peers.
Recent judgements that affect their work include:
- · the role of the DPO taken by the Belgian court, which highlights potential conflict in their authority and responsibility,
- · the recent EU judgement on the USA’s Privacy Shield (a judgement referred to as Schrems II), and its implication for cross border data transfers
- · Use of existing data sharing agreements and the standard contractual clauses and whether they are still appropriate for transfer of data from the EU to third countries.
The upcoming Brexit deadline is also creating some uncertainty in areas such as the new UK GDPR and the UK’s position as an adequate country under GDPR – how will this affect UK based organisations?
Many companies will now need a UK and an EU nominative representative office, but do they know this?
In addition, there are still questions regarding DSARs too - Data Subject Access requests - how should they be handled?
All these subjects are of interest and some concern to DPOs and warrant discussion. DPOs are looking for insight and practical guidance.
Nicole Reynolds: Adviser, EU Strategy, Brussels
Nicole is an Adviser to EU Strategy based in Brussels. She works as a consultant on issues in digital policy, global development, entrepreneurship, and sustainability. In 2019, she co-authored a study entitled Digitising Agrifood: Pathways and Challenges in collaboration with the Centre for European Policy Studies (CEPS) examining how digital technologies can optimise the agrifood chain. She has also served for several years as the Brussels adviser to DiploFoundation, an international NGO, think tank and capacity building organization working on issues in digital diplomacy and Internet governance.
Nicole has over 20 years of experience in the private sector and global development as an investment adviser, policy analyst, and technical adviser for corporations, international donors, and investor groups globally specializing in creating scalable solutions for sustainable social impact in agribusiness, ICT, and power. Clients have included USAID, the Millennium Challenge Corporation, and the US Department of Defense. Previously she was an investment banker at Salomon Smith Barney in New York and London and has held positions at NBC/General Electric and Primedia Software-on-Demand in corporate and business development. Nicole holds a Master of International Affairs in International Finance from the School of International and Public Affairs at Columbia University.
Dr Ralf Sauer, the Deputy Head of Unit for International Data Flows, DG Justice, European Commission.
Dr Ralf Sauer is the Deputy Head of DG Justice and Consumer's Unit for International Data Flows and Protection at the European Commission, which covers data flows both for commercial purposes and in the area of law enforcement cooperation. He has been one of the key negotiators of the EU-US Privacy Shield and the mutual adequacy arrangement with Japan. He regularly speaks at international conferences and panels on data protection issues.
Prior to joining DG Justice, Ralf Sauer worked for almost 10 years in the European Commission's Legal Service, among others representing the Commission before the European courts in numerous cases. He holds an LL.M. and doctoral degree from Yale Law School.
Malcolm Dowden, Legal Director of global law firm Womble Bond Dickinson
An experienced lawyer, and an internationally accredited legal training provider, Malcolm focuses on commercial law and technology, with particular expertise in data protection and privacy (including international transfers of data under GDPR and UK GDPR), blockchain, distributed ledger and the "internet of things". In 2019 he co-wrote a chapter for the American Bar Association book on Artificial Intelligence and Smart Machines. In February 2020, Malcolm was honoured to accept an invitation to serve as Honorary Professor of Law and education board member for Indore Institute of Law, Madhya Pradesh India.
He delivers courses and workshops on contractual drafting and contract management around the world, including India, Singapore, Vietnam, Dubai, Bahrain, Nigeria, Kenya, Uganda and Tanzania.
David Clarke FBCS, Chief Technology Officer TTB and Co-Founder of ADPP
The Trust Bridge’s Chief Technology officer, David Clarke is known in the GDPR industry and has a GDPR LinkedIn Group with over 19,000 members.
David was recognized in the top 10 of the GRC (Governance, Risk and Compliance) list as published by Thompson Reuters.
Dave is highly knowledgeable of global project delivery and operational leadership. He has operated across FTSE 100, SME and start-ups within Financial Services, FinTech, Telecoms, Technology and Utilities sectors developing strong coherent cyber security, GDPR data protection and privacy strategies.
Dave created a global infrastructure for the world’s largest private trading network, trading $3 trillion a day, and has managed multiple Global Security Operations Centers.
David has been recognized as one of the top 10 influencers by Thompson Reuters and is in the top 30 most influential thought-leaders and thinkers on social media, in risk management, compliance and regtech in the UK.
Carol Tullo, OBE, LLB Barrister, Senior Consultant and EU Counsel
Carol is a Senior Consultant of The Trust Bridge, and was, until July 2017, Director of Information Policy and Services, The National Archives. Carol was responsible for providing leadership in information management and policy across government and the wider public sector to improve the way information is managed and exploited. As Controller of Her Majesty’s Stationery Office, Queen’s Printer of Acts of Parliament, Queen’s Printer for Scotland, and Government Printer for Northern Ireland, she managed copyright and licensing of Crown data and information and delivered a range of UK wide official publishing including UK legislation. Carol was responsible for a 5-year programme delivering cyber and information assurance training across Government and the public sector for CIOs and Boards under a Cabinet Office/GCHQ funded arrangement which ended in April 2016 when the National Cyber Security Centre came on line.
Carol’s area of expertise is Open Data and access to public sector information, legal regulation of IP, Crown copyright and database rights, media and publishing, dissemination and information accessibility and standards. Carol had a career background in intellectual property practice and commercial law publishing with Thomson Reuters before she joined the Cabinet Office. Carol received the inaugural Leadership Impact Award 2017 from the Whitehall and Industry Group.
Specialties: Governance and integrity of data and information, its reuse and exploitation, data enabled transformation, records and information management in government, copyright and licensing, data protection.
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