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New Data Protection Obligations In Europe: Data Protection Officers and Impact Assessment under the New General Data Protection...

The full text of the General Data Protection Regulation (GDPR) was published on 4 May 2016. Although the GDPR will not be effective until 25 May 2018, it is worth looking into it right now given the major changes it makes to...more

What does the Brexit vote mean for UK Data Protection?

US companies and policy makers will no doubt spend a good chunk of the day today considering the possible implications for them of yesterday’s UK vote for Brexit. Mark Carney, Governor of the Bank of England, has issued a...more

Collusion on the catwalk: have the UK’s top modelling agencies breached competition law?

On the 25th May 2016, the UK’s Competition and Markets Authority (“CMA”) issued a statement of objections to five of Britain’s most prestigious modelling agencies alleging an infringement of Chapter I of the Competition Act...more

EU Privacy Shield Status Update

While it’s making few headlines, the European Commission is still working to finalize Privacy Shield, and it’s even possible that Privacy Shield will pass a key hurdle by the end of this month. The Commission is still...more

EU-US Data Transfers?: An update on actions taken by European DPAs

After the European Court of Justice invalidated Safe Harbor on October 6, ?2015, the Article 29 Working Party announced in an October 16, 2015 statement that US companies that were Safe Harbor certified had until the end of...more

Online Traders: New Obligation in EU for Provision of Link to Online Dispute Resolution (ODR) Platform

On January 19, 2016 the Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes entered into force (henceforth "Regulation"). The aim of the Regulation is to provide a European online dispute resolution...more

New threats to transatlantic data flows as Model Clauses come under fire

The transfer of personal data from the EU to the US is continuing to come under attack in the EU, with Model Clauses now in the regulatory crosshairs. Consequently, organisations that do business on both sides of the Atlantic...more

German Data Protection Authority fines companies for transferring data to the United States

Following the CJEU’s judgment of October 2015 invalidating the European Commission’s Safe Harbor Decision, the Data Protection Authority Hamburg (“DPA Hamburg“) started investigations against 35 internationally operating...more

New EU e-Commerce rules are set to facilitate online buying and selling in the single market

On 25 May 2016, and following an in-depth sector inquiry and consultation period, the European Commission (“EC”) published proposals for a set of new e-Commerce rules. The EC believes that this three-pronged strategy will...more

Data Transfer Without Safe Harbors

European privacy law is a bold new world for U.S. businesses doing business in Europe. An October Court of Justice ruling struck down the Safe Harbor arrangement which had governed E.U.-U.S. data transfer transactions for...more

International Data Transfers Face Further Setbacks: MEPs and the EDPS Reject the Privacy Shield & the Adequacy Challenge Spreads...

The options available to EU organisations for lawfully transferring personal data from Europe to the United States appear to be dwindling. In particular, there have been further setbacks to the approval of the Privacy Shield...more

The EU Adopts the General Data Protection Regulation

In April of this year, the European Union (“EU”), adopted the General Data Protection Regulation (“GDPR”), a regulation intended to strengthen data protection for individuals residing in the European Union. The GDPR provides...more

Strict and far-reaching new EU data protection regime comes into force

The EU General Data Protection Regulation ("GDPR") is now in force, and the clock is officially ticking for businesses to bring their operations into line with its sweeping changes. On 4 May 2016, after more than four...more

The End of the “Safe Harbor” Rule for E.U./U.S. Data Transfer: How Can Companies Transfer Personal Data and Remain Compliant?

Directive 95/46/EC of 24 October 1995 - Articles 25 and 26 - The transfer of personal data to a third country is allowed: ..if the third country ensures an adequate level of protection; the Commission can...more

Europe Counts Down to the General Data Protection Regulation

Businesses have two years to comply with Europe’s new privacy regime. On 24 May 2016, after more than four years of debate, the General Data Protection Regulation (GDPR, or the Regulation) enters into force. The GDPR...more

German Court orders WhatsApp to provide consumers in Germany with T&Cs in German language

In a press release dated 17 May 2016, the Federation of German Consumer Organizations (Verbraucherzentrale Bundesverband – vzbv) announced that on 8 April 2016, the Court of Appeal Berlin (Kammergericht Berlin; “Court”)...more

Countdown to Compliance: Final Text for EU General Data Protection Regulation Published

The final text of the significant new EU General Data Protection Regulation (GDPR) has now been published (4 May 2016) in the Official Journal of the European Union. This means the clock is now ticking for the sweeping new...more

Data transfers in limbo – U.S. companies face fines by German data protection authorities

While EU regulators determine whether to adopt a new agreement for transfers of personal data from Europe to the United States to replace the invalid EU-U.S. Safe Harbor Framework, German data protection authorities have not...more

2016 IAPP Global Privacy Summit: Key Themes and Takeaways

Last month, privacy and security professionals from around the world gathered in Washington, D.C. for the International Association of Privacy Professionals’ Global Privacy Summit 2016. The conference focused on the new...more

GDPR published – Enforcement begins on 25 May 2018

EU Regulation 2016/679 (the General Data Protection Regulation, or "GDPR") was officially published on 4 May 2016. Enforcement will begin on 25 May 2018, giving businesses just over two years to bring their operations into...more

A Tale of Shields & Swords or Are Data Transfers between the EU and the US legal once again?

The world changed on October 6, 2015; well, at least the world of data transfer between the European Union and the U.S. On that day, the European Court of Justice issued its “Schrems” judgment (case C-362/14) declaring the...more

EU General Data Protection Regulation in force from 25 May 2018: the Countdown to Compliance starts now

The long-awaited General Data Protection Regulation was published in the Official Journal of the European Union on 4 May 2016. This means that the most comprehensive reform to the EU’s omnibus data protection law in 20 years...more

GDPR Published Today, Commencing Two-Year Countdown to Application

One of the most important EU legislative initiatives in recent years, and a landmark in privacy regulation worldwide, the GDPR is set to replace the Data Protection Directive (95/46/EC) of 1995. After the Council of...more

Requirements for valid consent – Why opting-in should not be optional

The Düsseldorfer Kreis, a committee made up of representatives of German data protection authorities, recently published guidance on the requirements for obtaining valid consent to the collection, processing and use of...more

Insurer Antitrust Exemption in Europe in Jeopardy

In the United States, the McCarran Ferguson Act provides insurers with an exemption from the federal antitrust laws. Enacted in 1945, the Act provides that conduct that constitutes the "business of insurance" is outside the...more

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