Today, just over two years after its entry into application, the European Commission published an evaluation report on the General Data Protection Regulation (GDPR). The report shows the GDPR has met most of its objectives, in particular by offering citizens a strong set of enforceable rights and by creating a new European system of governance and enforcement. The GDPR proved to be flexible to support digital solutions in unforeseen circumstances such as the Covid-19 crisis. The report also concludes that harmonisation across the Member States is increasing, although there is a certain level of fragmentation that must be continually monitored. It also finds that businesses are developing a compliance culture and increasingly use strong data protection as a competitive advantage. The report contains a list of actions to facilitate further the application of the GDPR for all stakeholders, especially for Small and Medium Sized companies, to promote and further develop a truly European data protection culture and vigorous enforcement.
Věra Jourová, Vice-President for Values and Transparency, said: “Europe’s data protection regime has become a compass to guide us through the human-centric digital transition and is an important pillar on which we are building other polices, such as data strategy or our approach to AI.The GDPR is the perfect example of how the European Union, based on a fundamental rights’ approach, empowers its citizens and gives businesses opportunities to make the most of the digital revolution. But we all must continue the work to make GDPR live up to its full potential.”
Didier Reynders, Commissioner for Justice, said: “The GDPR has successfully met its objectives and has become a reference point across the world for countries that want to grant to their citizens a high level of protection. We can do better though, as today’s report shows. For example, we need more uniformity in the application of the rules across the Union: this is important for citizens and for businesses, especially SMEs. We need also to ensure that citizens can make full use of their rights. The Commission will monitor progress, in close cooperation with the European Data Protection Board and in its regular exchanges with Member States, so that the GDPR can deliver its full potential.”
Key findings of the GDPR review
Citizens are more empowered and aware of their rights: The GDPR enhances transparency and givesindividuals enforceable rights, such as the right of access, rectification, erasure, the right to object and the right to data portability. Today, 69% of the population above the age of 16 in the EU have heard about the GDPR and 71% of people heard about their national data protection authority, according to results published last week in a survey from the EU Fundamental Rights Agency. However, more can be done to help citizens exercise their rights, notably the right to data portability.
Data protection rules are fit for the digital age: The GDPR has empowered individuals to play a more active role in relation to what is happening with their data in the digital transition. It is also contributing to fostering trustworthy innovation, notably through a risk-based approach and principles such as data protection by design and by default.
Data protection authorities are making use of their stronger corrective powers: From warnings and reprimands to administrative fines, the GDPR provides national data protection authorities with the right tools to enforce the rules. However, they need to be adequately supported with the necessary human, technical and financial resources. Many Member States are doing this, with notable increases in budgetary and staff allocations. Overall, there has been a 42% increase in staff and 49% in budget for all national data protection authorities taken together in the EU between 2016 and 2019. However, there are still stark differences between Member States.
Data protection authorities are working together in the context of the European Data Protection Board (EDPB), but there is room for improvement: The GDPR established an innovative governance system which is designed to ensure a consistent and effective application of the GDPR through the so called ‘one stop shop’, which provides that a company processing data cross-border has only one data protection authority as interlocutor, namely the authority of the Member State where its main establishment is located. Between 25 May 2018 and 31 December 2019, 141 draft decisions were submitted through the ‘one-stop-shop’, 79 of which resulted in final decisions. However, more can be done to develop a truly common data protection culture. In particular, the handling of cross-border cases calls for a more efficient and harmonised approach and an effective use of all tools provided in the GDPR for the data protection authorities to cooperate.
Advice and guidelines by data protection authorities: The EDPB is issuing guidelines covering key aspects of the Regulation and emerging topics. Several data protection authorities have created new tools, including helplines for individuals and businesses, and toolkits for small and micro-enterprises. It is essential to ensure that guidance provided at national level is fully consistent with guidelines adopted by the EDPB.
Harnessing the full potential of international data transfers: Over the past two years, the Commission’s international engagement on free and safe data transfers has yielded important results. This includes Japan, with which the EU now shares the world’s largest area of free and safe data flows. The Commission will continue its work on adequacy, with its partners around the world. In addition and in cooperation with the EDPB, the Commission is looking at modernising other mechanisms for data transfers, including Standard Contractual Clauses, the most widely used data transfer tool. The EDPB is working on specific guidance on the use of certification and codes of conduct for transferring data outside of the EU, which need to be finalised as soon as possible. Given the European Court of Justice may provide clarifications in a judgment to be delivered on 16 July that could be relevant for certain elements of the adequacy standard, the Commission will report separately on the existing adequacy decisions after the Court of Justice has handed down its judgment.
Promoting international cooperation: Over the last two years, the Commission has stepped up bilateral, regional and multilateral dialogue, fostering a global culture of respect for privacy and convergence between different privacy systems to the benefit of citizens and businesses alike. The Commission is committed to continuing this work as part of its broader external action, for example, in the context of the Africa-EU Partnership and in its support for international initiatives, such as ‘Data Free Flow with Trust’. At a time when violations of privacy rules may affect large numbers of individuals simultaneously in several parts of the world, it is time to step up international cooperation between data protection enforcers. This is why the Commission will seek authorisation from the Council to open negotiations for the conclusion of mutual assistance and enforcement cooperation agreements with relevant third countries.
Aligning EU law with the Law Enforcement Directive
In addition, the Commission has today also published a Communication that identifies ten legal acts regulating processing of personal data by competent authorities for the prevention, investigation, detection or prosecution of criminal offences which should be aligned with the Data Protection Law Enforcement Directive. The alignment will bring legal certainty and will clarify issues such as the purposes of the personal data processing by the competent authorities and what types of data may be subject to such processing.
The GDPR foresees that the Commission reports on the evaluation and review of that Regulation, starting with a first report after two years of application and every four years thereafter.
The General Data Protection Regulation is a single set of rules of EU law on the protection of individuals with regard to the processing of personal data and on the free movement of such data. It strengthens data protection safeguards, provides additional and stronger rights to individuals, increases transparency, and makes all those that handle personal data more accountable and responsible. It has equipped national data protection authorities with stronger and harmonised enforcement powers, and has established a new governance system among the data protection authorities. It also creates a level playing field for all companies operating in the EU market, regardless of where they are establish, ensures the free flow of data within the EU, facilitates safe international data transfers and has become a reference point at global level
As stipulated in Article 97(2) of the GDPR, the report published today covers in particular international transfers and ‘cooperation and consistency mechanism’, although the Commission has taken a broader approach in its review, in order to address issues raised by various actors during the last two years. These include contributions from the Council, the European Parliament, the EDPB, national data protection authorities and stakeholders.
UN launches the first artificial intelligence tool for rapid natural capital accounting
An innovative artificial intelligence (AI) tool that will make it easier for countries to measure the contributions of nature to their economic prosperity and well‑being was launched today by the United Nations and the Basque Centre for Climate Change (BC3).
Developed by the Statistics Division of the United Nations Department of Economic and Social Affairs (UN DESA), the UN Environment Programme (UNEP) and BC3, the new tool can vastly accelerate implementation of the new ground-breaking standard for valuing the contributions of nature that was adopted by the UN Statistical Commission last month.
The tool makes use of AI technology using the Artificial Intelligence for Environment and Sustainability (ARIES) platform to support countries as they apply the new international standard for natural capital accounting, the System of Environmental-Economic Accounting (SEEA) Ecosystem Accounting.
The new open-source and user-friendly digital tool, called the ARIES for SEEA Explorer, enables, for the first time, rapid and standardized yet customizable ecosystem accounting anywhere on Earth.
“The ARIES for SEEA Explorer is a game changer for governments that want to implement the recently adopted SEEA Ecosystem Accounting standard,” stressed Stefan Schweinfest, Director of the Statistics Division. “This application allows countries to jump-start accounts compilation from global data sources, which they can refine with national data or model parameters.”
The ecosystem accounts produced by countries will track the extent, condition and services provided by nature’s ecosystems – such as forests and wetlands – in the form of physical and monetary accounts and indicators. The adoption of the SEEA Ecosystem Accounting has been heralded as a historic step forward for the Sustainable Development Goals (SDGs) and to move beyond GDP in tracking global progress.
Bert Kroese, Deputy Director for Statistics Netherlands and Chair of the UN Committee of Environmental-Economic Accounting said, “The ARIES for SEEA Explorer will give countries a much-needed tool to make progress with the SDGs and the monitoring framework of the post-2020 Global Biodiversity Framework. Its low barrier to entry will ensure that no country is left behind when it comes to ecosystem accounting.”
Risenga Maluleke, Statistician-General of Statistics South Africa and Chair of the UN Committee of Experts on Big Data and Data Science for Official Statistics said, “The launch of the ARIES for SEEA Explorer on the UN Global Platform is an important step to mainstream the measurement of ecosystems and their contribution to the economy and wellbeing into global, regional and domestic statistics that will feed into policy and decision making. Better measures of nature will contribute to better policies to save our planet.”
Building economic systems that value nature as a central source of human wellbeing, environmental health and economic prosperity in the post-COVID-19 world is essential, according to Susan Gardner, Director of UNEP’s Ecosystems Division. “Having technology that incorporates and integrates the latest data, models and understanding of nature’s contributions through natural capital accounting will facilitate well-informed nature positive decision-making from businesses and governments – driving tangible action on biodiversity loss and climate change and a sustainable future for all,” she said.
The new platform could lead to greater collaboration. Ferdinando Villa, Ikerbasque Professor and Lead Investigator of ARIES at BC3, added, “There is a growing global demand for sustainable management of our natural resources, and to achieve this, scientists and decision-makers need to collaborate more and more. AI-based tools like the ARIES for SEEA Explorer hold the key to a future where open integration and reuse of knowledge, by both, is possible.”
The ARIES for SEEA Explorer is available on the UN Global Platform: a cloud-service environment supporting international collaboration among all countries in the world by sharing scientific knowledge, data, methods and technology.
A number of countries have already started using the ARIES for SEEA Explorer. The Explorer will continue to be expanded in the near future, by adding the functionality to derive indicators that allow to assess progress towards SDGs and the emerging post-2020 Global Biodiversity Framework.
Huge plans for 2021 content year
Cancel that Lead to Revival
This year was quite something for Division 2. And it’s not even Summer yet! Any fan of the game out there expects the devs to share plans for the new year at the end of the current one. But instead of sharing content plans for 2021, the devs suddenly announced that Update 12 would be the game’s last update. And even though everyone knows that the game doesn’t have a particularly large base of active players still, seeing official news like this put many fans in shock. By the time this announcement was released, Update 12 was already on the servers. Basically, it means that the devs weren’t going to release any additional content or even bug fixes for the game from that moment onward.
And this felt like passing on a huge opportunity. Sure, the game could have been made better, but the setting and the unique blend of genres of true-open world action and looter-shooter set in modern times post-apocalypse, this isn’t something that should be left to rot and get forgotten. There’s tons of possibilities and unrealized potential. This must have been what people at Ubisoft thought about too, because about a month later, the devs released another announcement, but this time with plans for content in 2021.
Of Ambitious Plans and New Player Assistance
Such a drastic change of heart must mean something, but this isn’t even the best of it. Ubisoft went from sending the game to purgatory to announcing huge plans for 2021, including an entirely new game mode that the series hasn’t seen before. What is it? Nobody knows.
But that’s not all. The devs want to add to the variety of builds which means new brands of gear and in great numbers. The new game mode will take them several months to develop. Therefore there’ll be plenty of time to get ready. Speaking of, have you ever heard of such a thing as Division 2 boost? This is a collection of services that can help you and your Agent with anything you two might need. It’s especially awesome and helpful for new players as there’s lots of content in the game, and it’s so easy to get lost. Services like the ones that you’ll find by clicking on that link will help your character steadily grow in levels and obtain actually valuable gear throughout the levelling process. So, come over and see what we have on the menu for you!
Why Bankers use Data Rooms
Investment banks and any other institution that deals with sensitive data have a responsibility to be GDPR compliant. When it comes to non-compliance and data breaches, financial institutions are starting to realize how costly this can be. In 2020, there were over $10 billion in fines handed out for compliance failures and breaches with Capital One taking the largest individual hit.
A US banking regulator hit Capital One with an $80 million fine for a cloud-based data breach. Any bank or financial institution that fails to perform due diligence and use secure data rooms risks being hit with a heavy financial penalty.
What are data rooms, and why, and how are they used by bankers?
What is a data room?
There are effectively two types of data rooms; a physical one and a virtual one. These days, the virtual data room is becoming very common and more popular.
A physical data room is an area set aside to store records and will have security in place so that only authorized personnel can access it. In the case of a merger or acquisition, this would normally mean the seller, the buyer, and their attorneys.
A virtual data room is a secure cloud-based storage area that has software put in place to stop access by anyone that is unauthorized. They are thought of as very secure and many top banks use them today. HSBC, Goldman Sachs, Barclays, Santander, and Bank of America are just a tiny portion of the financial institutions that put their sensitive information into data rooms.
A virtual data room is accessed through the internet but the actual servers will be stored in a secure facility far from the actual bank of finance house. Authorized personnel will have individual passwords and all activity is monitored and recorded.
What are the reasons for using a virtual data room?
Cybercrime is worldwide and affects individuals and businesses. Cybercrime is having an impact on the banking sector in many countries, compliance and security are paramount.
There will be different data protection laws around the world and the GDPR or General Data Protection Regulations covers all European Union countries. Banks must avoid data breaches and practice due diligence and this is why data rooms are important.
When companies are involved in mergers and acquisitions, records need to be made available to the interested and relevant parties, however, they must also be kept out of the hands of hackers or other unauthorized people. In the past, it was common for due diligence to be performed using hard copies and this makes the process much slower. Virtual data rooms allow a much faster process to take place.
Data rooms are also put in place to help share files between clients, third parties, and to store records. They are far more cost-effective than having a physical data room and so more companies than ever are now turning to these secure storage methods.
What happens if a bank fails to use a good virtual data room?
Failure to be compliant and be the victim of a data breach will lead to huge fines. In the European Union, those fines are a maximum of 18 million Euros or 4% of the total worldwide turnover.
But, it isn’t just financial penalties that can hit a business if they fail to keep their data secure. When Equifax admitted it had suffered a data breach affecting over 140 million Americans, or over 40% of the population, their company valuation plummeted. Around $3.5 billion was wiped off the stock market valuation of Equifax all because of a data breach.
Not using a secure data room can lead to loss of revenue, a drop in valuation, investors losing money, and also lead to a PR disaster. After all, people trust banks to keep their money safe and if there are data breaches then clients may leave.
How do banks use virtual data rooms?
VDRs are used in IPOs, M&A transactions, restructuring, raising capital, and for many more purposes.
Banks use them to have a smooth flow of information backward and forwards between stakeholders. They help to close deals quicker as fewer hard copies are being transferred around. Data is sent immediately anywhere in the world.
They of course store documents safely and away from prying eyes, but, at the same time allow for a higher level of transparency.
Choosing the right data room for a bank
Due diligence rooms may have been used traditionally for mergers & acquisitions but modern, virtual data rooms are used for much more, especially by bankers.
That means that a banker needs a data room that is capable of handling much more than just M&A transactions. The software that powers the data room has to provide enough functionality for buyers and sellers in M&As, loans, fundraising, debts, and many more purposes.
Some of the features you would look for when choosing a data room would be:
- Smart features
- Access control
- Customer service
- Add-on features
All of these are areas that need careful consideration when choosing the right data room.
Security of data room
If you use the internet and share sensitive data then you need to understand how to protect yourself from cybercrime. Banking requires serious levels of security and this should be the number concern when choosing a virtual data room.
A good VDR will have several certifications such as ISO 9001 and they should also have many security features set to international standards. Some things to look for are watermarks, the ability to recall documents from a user, and screen-only viewing.
Watermarks are used to identify who downloaded and printed a particular document. Screen-only viewing means that some documents cannot be printed or downloaded, reducing the risk of having several hard copies floating about.
One other important feature is being able to pull back documents from unauthorized hands. This means that if someone has previously downloaded some records and has now had their access revoked you can ‘pull’ those files back from their computer.
Other areas to look for in a data room
These include the ability to search for keywords and phrases much like you would in Google. It helps when trying to find documents that fit together or when you have forgotten a particular heading.
You need to be able to access the documents remotely and to control who is allowed to view and download records.
A good firm will offer 24/7 customer service all year round. This is vital as clients may be working in different time zones and need assistance at unusual times of the day. A company such as Firmex can offer this kind of customer service and may fit your virtual data room needs.
Many virtual data rooms allow for extra features so they can be used for more than just mergers & acquisitions. These can include project management and can help streamline many processes.
Lastly, the other consideration is cost. Virtual data rooms offer a cost-effective alternative to a physical room but there is still a price to pay. There are free cloud-based storage systems but when it comes to security it is worth paying for so corners aren’t cut.
Banks have some different needs than other businesses when it comes to data rooms but VDRs can help with many areas. They use them for IPOs, M&As, raising capital, and many more banking processes.
Modern data rooms offer a high level of security and functionality that traditional, physical due diligence rooms cannot and are ideal for the banking world.
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