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At the beginning of February the European Commission and the United States announced that they had agreed on a new framework for transatlantic personal data flows between the EU and the USA.
The EU-US Privacy Shield, i.e. a new solution to replace the Safe Harbor certificate, is to increase personal data protection in the areas addressed in the CJEU judgment of 6 October 2015 in the Max Schrems case, including access of US services to the personal data of EU citizens.
According to the European Commission, the new arrangement between the EU and the USA involves, e.g. creating clear warranties and commitments concerning the transparency of US government actions related to access to the personal data of Europeans, extending the obligations associated with processing the data and protecting the rights of data subjects of US firms importing personal data from the EU, reinforcing EU citizens' rights, and laying down a procedure for EU citizens to complain about the way their personal data are processed.
According to information that we have obtained, a draft decision on the EU-US Privacy Shield will be prepared by the European Commission over the next few weeks.
Full content of the legal alert is available in attached PDF.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: email@example.com.
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