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European Court of Justice passes landmark Data Protection ruling

On October 1st, 2015 the ECU Court of Justice passed a ruling which will change data protection for companies operating across multiple EU member states – particularly for those that are consumer-facing.  In simple terms the ruling means if a corporation is working within the borders of a rustic, and targeting the residents of that country for business, it's subject to the country’s data protection rules – no matter the very fact that the operating company could also be based in another location. The ruling was decided within the case of Weltimmo s.r.o v Nemzeti Adatvédelmi és Információszabadság Hatóság (Weltimmo s.r.o v National Authority for Data Protection and Freedom of Information). Weltimmo may be a Slovakian company that runs a property website handling Hungarian properties. In Short, Weltimmo screwed up – and it’s getting to cause everyone within the EU a touch of a headache.

Weltimmo’s site is serviced in Hungarian and targets Hungarian citizens. information technology education They were offering a free month of advertising to new members – many Hungarians signed up, had their free month, then asked for his or her ads to be removed, and their data deleted. Weltimmo didn't suit their requests and commenced billing the advertisers. once they didn't pay, Weltimmo passed their details to a Hungarian collection agency. An appeal to the Hungarian Data Protection Office led to a fine of HUF10,000 (€32,000) for Weltimmo, for infringing Hungarian data protection laws.

It is from now that things began to get interesting. After an appeal, the case visited the ECU Court of Justice (ECJ) for a final ruling on whether or not they could apply their data protection laws to a corporation registered and operating in another EU state.

The ECJ ruled that Weltimmo was subject to Hungarian data protection laws:

By today’s judgment, the Court recalls that consistent with the directive, each Member State must apply the provisions it adopted pursuant to the directive where the info processing is administered within the context of the activities conducted on its territory by an institution of the controller.”

For more clarification:

The Court states that every supervisory authority established by a Member State must ensure compliance, within the territory of that State, with the provisions adopted by all Member States pursuant to the directive. information technology consulting Consequently, each supervisory authority is to listen to claims lodged by a person concerning the protection of his rights and freedoms in reference to the processing of private data, albeit the law is applicable thereto processing is that the law of another Member State.

However, within the event of the appliance of the law of another Member State, the powers of intervention of the supervisory authority must be exercised in compliance, inter alia, with the territorial sovereignty of the opposite Member States, with the result that a national authority cannot impose penalties outside the territory of its own State.“

This has massive ramifications within the global age of data – companies like Facebook have come under attack within the past for blurring the lines on personal data laws.

In the Facebook case, Germany was challenging Facebook to permit profiles to be made under pseudonyms. German Data Protection law provides that an internet service provider shall offer an anonymous use of web services where this is often technically possible and reasonable – Facebook doesn't allow anonymous use – and has been known to lock people out of their profiles if they're found to be employing a fake name.

Facebook has no branch or subsidiary in Germany – they only legally operate places of business within the US and Ireland. Before this ruling, it could are argued that any processing of private data is subject to the info Protection laws of eire. But now everything has changed.

Ashley Winton, UK head of knowledge protection and privacy at law of nations firm Paul Hastings has released the subsequent statement with regard to the ruling. 

Previously, European laws allowed multinational businesses with operations in Europe to be only subject to the info protection laws of 1 European country. This was to the advantage of many companies, a number of whom elected to make an institution within the UK or Ireland, where data protection laws and practices are more liberal and arguably more business-friendly.

Following the case of Weltimmo, companies that have websites translated into another language, targeting consumers of member states outside of their own establishment, may now need to suits the regulations in each individual member state.information technology colleges This dramatically increases compliance costs, particularly where an internet site is targeted at multiple member states, and makes the corporate subject to multiple data protection authorities.

We expect that this case is going to be welcomed by data protection authorities, and as a result, social media and e-commerce multinationals will get to urgently consider their European data protection compliance strategies. With the appetite for enforcement high across a variety of member states, the repercussions for non-compliance might be huge.”The ECJ v DPC Ruling on the Safe Harbour Scheme

Data location and protection has been at the forefront of our minds recently. Last week the Weltimmo case saw a landmark ruling passed – ensuring companies are held to the standards of the country they're operating in – despite where they'll claim to be operating from.

This week we see a fresh case come to light, with the safe harbor scheme coming to the forefront. Here’s a quick rundown of the case, and its results.

As is that the case with other subscribers residing within the EU, some or all of the info provided by users to Facebook is transferred from Facebook’s Irish subsidiary to servers located within us , where it's processed.

Maximillian Schrems, a Facebook user since 2008, and an Austrian citizen lodged a complaint with Irish supervisory authority (the Data Protection Commissioner), taking the view that, within the light of the revelations made in 2013 by Edward Snowden concerning the activities of our intelligence services (in particular the NSA), the law and practice of us don't offer sufficient protection against surveillance by the general public authorities of the info transferred thereto country.

The Irish authority rejected the complaint because, during a decision of 26 July 2000, the Commission considered that, under the ‘safe harbor’ scheme, we ensure an adequate level of protection of the private data transferred. i.e. Mr. Schrems had no reason to be making his complaint.

But now, the case has been brought before the supreme court of eire, and therefore the Court has declared the Safe Harbour Decision invalid. This judgment has the consequence that Irish supervisory authority is required to look at Mr. Schrems’ complaint with all due diligence and, at the conclusion of its investigation, is to make a decision whether, pursuant to the directive, transfer of the info of Facebook’s European subscribers to us should be suspended on the bottom that that country doesn't afford an adequate level of protection of private data. To simplify – Mr. Schrems has brought a hell of tons of attention to the very fact that we might not be respecting EU citizen’s data privacy rights – and therefore the supreme court of eire has acknowledged his fears, and said they’ll check out it.

Ashley Winton, UK head of knowledge protection and privacy at law of nations firm Paul Hastings, comments on the ECU Court of Justice’s landmark Schrems v DPC ruling.

or multi-national companies with operations in Europe. 

Data Protection law in Europe provides that private data might not be exported out of Europe unless certain conditions are met. quite 4000 US companies have thus far enjoyed using the ‘safe harbor’ rules agreed between the ECU Commission and therefore the US Department of Commerce which enable the straightforward transfer of private data from Europe to the US.

Many European data protection regulators, particularly those in Germany, have long believed that the conditions of the safe harbor scheme aren't substantial enough and therefore the effect of today’s ruling will empower them to research and check the acceptability of any data transfer themselves.

In addition, although the case today primarily concerns safe harbor the ruling also will apply to other European Commission approved methods of transferring personal data internationally. 

Crucially, this case can't be considered alone. Following the landmark case of Weltimmo last week, multinational companies that have elected to make an institution during a more business-friendly jurisdiction are now likely to possess their data protection practices scrutinized by local regulators all across the EU.

There are currently no rules limiting individuals bringing complaints regarding data protection across multiple jurisdictions simultaneously, so we may now see these complaints arising from every direction, where data is being shared around the world.”

Wearing It Well: Is Field Service The Killer App for Wearable Computing?

For many folks, once we consider wearable technology we expect in terms of gadgets aimed toward the fitness market, enabling sports jockeys to collect stats about their latest workout, pulse, and mileage, or seen as toys for techies who want the power to look at text messages and weather forecasts on their watch. It’s yet to explode into mainstream life and is certainly still nascent within the enterprise.

According to a 2015 Digital IQ survey, only three percent of enterprises are investing heavily in wearable technology, down from six percent in 2014. In business terms, many of us view wearable computing as a technology that’s still in search of a business problem. Field Service is ideally placed to vary all that with the potential to become the catalyst for the elusive ‘Killer App’ wearables would require in their go aftermarket adoption.

INFOGRAPHIC - Wearables

Scroll right down to see the infographic fully 

The convergence of major industry trends, like the web of Things, Cloud Computing, Servitisation, and 3D printing are all nudging field service to the forefront of the business agenda. Embedded sensors, processors, software, and connectivity in products, including a product cloud during which product data is stored and analyzed and a few applications are run, are driving major improvements in product functionality and performance. It’s also creating massive amounts of the latest product-usage data.

Ironically, as an industry that was relatively late to hitch the knowledge economy, it could soon find itself at the vanguard of it within the next few years. Until just a couple of years ago, innovation within the Field industry was inching forward at a snail’s pace with manual processes and paperwork. The last two ‘revolutionary’ technologies to hit the industry were mobile, which freed techs from the tedious hamster wheel of triplicate paper-based processes, and more recently the cloud, which empowered access and visibility to unprecedented amounts of data. The latter gave rise to the sector Service Management industry, modernizing Field Service for the twenty-first century with a fanatical business platform and automatic end-to-end processes.

While mobile freed techs from paper, their hands were still tied. Today, if a field worker needs how-to instructions a few specific pieces of kit, can’t remember every step of a procedure, or must seek guidance from a colleague, he or she must literally put down their tools and stop what they’re doing while they go online, search the knowledge required on their smartphone, tablet or PC or make a call to someone who can advise them. This slows progress for both the technician and therefore the customer in an industry where time is money.

With wearables, field techs have the potential to harness a variety of supportive functionality, like augmented reality, 3D visualizations and video conferencing to realize critical information and better facilitate service calls. Schematics are often overlaid onto machines while they're servicing them and colleagues can help field workers in remote locations by seeing what they see on-site to lend support instead of incurring the expense of flying in an expert. These kinds of collaborations are often recorded and stored as reference materials for future jobs, also as video evidence for use in disputes or investigations on safety or expensive equipment. Likewise, cameras can immediately identify the parts and devices the technician is watching, read serial numbers and bar codes, and automatically detect completion of steps.

Take the Oil and Gas industry, for instance. With a decline in production rates, increasing production costs, a retiring skilled workforce leaving a barren of knowledge and expertise among younger colleagues, to not mention an entire host of remote and dangerous working environments makes it a perfect candidate for wearable tech. Ruggedised and even explosion-proof wearable devices within the sort of smartwatches, smart helmets, smart glasses, also as sensors embedded into clothing are often designed to detect such things as radiation and chemicals, monitor a worker’s stress levels and alert them to safety hazards, suggestions and procedures – all of which may dramatically improve health and safety. And with augmented reality, access to a good range of knowledge, virtual over the shoulder coaching, and collaboration during a hands-free environment, wearables can't only enable greater efficiency, faster deciding, and reduced downtime, but also lower costs by significantly improving worker efficiency. If we glance back at the history of technology adoption, it's the proof of a tough ROI number and powerful bottom line cost savings which usually catapult adoption into the enterprise.

Wearable technology has the power to empower field service workers to figure seamlessly on site with access to all or any of the info, insight, and knowledge they require. The equipment that technicians are being tasked with servicing is becoming increasingly complex, and corporations are diversifying to repair and maintain a spread of products – including third party products, requiring a wider range of skills. during this context, wearables can't only ease the burden of servicing an increasingly diverse product base, but also enable access to faster, more dynamic intelligence that static manuals simply cannot provide.

A recent IDC report estimates the worldwide marketplace for wearables will “swell to 111.9 million units in 2018, leading to a CAGR of 78.4%”. We are still how faraway from seeing wearables won't to their full potential, but the sector industry is going to be both one among the most important trailblazers and one among the most important beneficiaries during this market. With Gartner predicting that companies in field service could increase their profits by up to $1 billion annually through greater efficiency and price effectiveness, it’s not an issue of if, but rather of when.