A Legal Guide to PRIVACY AND DATA SECURITY 2025

Article 29 Working Party . The Article 29 Working Party is a special group formed in the EU for the expressed purpose of overseeing specific issues such as workplace privacy and handling of employee data. The group is composed of representatives of the DPAs, the European Data Protection Supervisor, and the European commission. The Working Party issues opinions and offers guidance on data privacy to the member states. In addition to the opinion on “cookies” mentioned above they have issued the following recent opinions regarding consent and cloud computing: Article 29 Data Protection Working Party Opinion 15/2011 on Definition of Consent , 01197/11/EN (July 13, 2011) provides that valid consent requires affirmative indication of consent such as a signature or checking a box. Article 29 Data Protection Working Party Opinion 05/2012 on Cloud Computing 01037/12/EN (July 1, 2012) describes potential data protection risks, focusing on both individuals lack of control over their personal data and insufficient information about how the data is used.

CANADA

Personal Information Protection and Electronic Documents Act (PIPEDA)

In 2020, Canada’s federal Minister of Innovation, Science and Industry submitted Bill C-11, An Act to enact the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act and to make consequential and related amendments to other Act, more simply referred to as the Digital Charter Implementation Act, 2020, (“CPPA”) for consideration in the House of Commons. As of December 31, 2023 the CPPA had not yet become law. Under the CPPA, the federal privacy commissioner would have the power to investigate and prosecute any organization that violates the framework imposed by the CPPA. The penalties would also be more severe than those imposed by PIPEDA. 157

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