GDPR Administrative Fines: New Guidelines Recently Adopted

GDPR Administrative Fines: New Guidelines Recently Adopted
On 25 May 2018, Regulation 2016/679, the General Data Protection Regulation (GDPR) will come into effect across the European Union (including Malta). As has been widely reported, infringement of the GDPR may lead to fines as high as €20,000,000 or 4% of an entity's total worldwide annual turnover (whichever is higher). On 3rd October 2017, the Article 29 Working Party adopted guidelines on the application and setting of the said administrative fines under the GDPR. The guidelines are intended for use by supervisory authorities to ensure improved application and e...
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Employers Beware before 'Spying' on Employees!

Employers Beware before 'Spying' on Employees!
In a case decided last year, in the famous case of Barbulescu v Romania, the ECHR had found that there had been no breach of the employee's right to privacy when his employer dismissed him over private messages sent at work on the Yahoo messenger system set up by the same employer for work purposes. The employee's private online exchanges were being monitored and recorded by his employer. Personal use, such as that made by the employee, was in violation of the employer's internal regulations. The employer had proceeded to terminate his employment with the local Ro...
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Confirmed: Employers Should Not Use Consent as a Legal Basis for Processing Employee Personal Data

Confirmed: Employers Should Not Use Consent as a Legal Basis for Processing Employee Personal Data
On 8 June 2017, the Article 29 Data Protection Working Party ("WP29") adopted Opinion 2/2017 on data processing at work ("the Opinion") ​[1] . This authoritative document complements previous WP29 publications on similar issues ​​​​​​​​​​​​​​​[2]​​​​​​​​​​​​​​​​. The Opinion now takes into account new technologies that affect the processing of employees' personal data at work. Moreover, the Opinion takes into account both the Data Protection Directive (Directive 95/46/EC) that is still in force at time of writing – transposed into Maltese legislation via the prese...
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Mamo TCV Advocates launches GDPR Microsite (www.gdprmalta.com)

Mamo TCV Advocates launches GDPR Microsite (www.gdprmalta.com)
​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​On ​​​​​​​​​​​​​​​​​​​25 May 2018, the EU General Data Protection Regulation (GDPR) will repeal and replace the main data protection laws of all Member States, including Malta. Maltese organisations have less than a year to prepare for the many new, and in some cases, onerous obligations introduced by the GDPR. We have recently launched our GDPR microsite (www.gdprmalta.com) that provides easy to read information and resources about the new EU Regulation. Download our free GDPR Guidelines, subscribe to our G...
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Mamo TCV Advocates Contributes to the 2017 Edition of DLA Piper’s ‘Data Protection Laws of The World Handbook’

Mamo TCV Advocates Contributes to the 2017 Edition of DLA Piper’s ‘Data Protection Laws of The World Handbook’
Ever since the 'Data Protection Laws of The World Handbook' was launched by DLA Piper in 2012, Mamo TCV Advocates has been closely involved therewith by providing, and subsequently updating on an annual basis, the chapter relating to Maltese data protection legislation. The 'Malta' section is currently updated as at 26 January 2017 and is available here.The handbook provides an overview of the key privacy and data protection laws and regulations across nearly 100 different jurisdictions and offers a primer to businesses as they consider this complex and increasing...
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