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CJEU says dynamic IP addresses can constitute personal data

The Court of Justice of the European Union (“CJEU”) has ruled that dynamic IP addresses can constitute personal data. Dynamic IP addresses, registered by a website provider when an individual accesses its website, shall...more

EU Retail News – October 2016

Can retailers find the perfect mix? Retailers are increasingly under pressure to evaluate their business models and, in particular, the mix of their in-store, online and mobile offerings. Just as there are few pure-play...more

European Court Of Justice Rules That Dynamic IP Addresses Can Be Personal Data

In a ruling with significant potential impact, the Court of Justice of the European Union (CJEU) has ruled that a dynamic internet protocol (IP) address may constitute "personal data" under EU Data Protection Directive...more

Fenwick Privacy Bulletin - Fall 2016

Privacy Shield – An Early Reflection - EU law generally prohibits the transfer of personal data from the European Economic Area to the U.S., unless the transfer is made in accordance with an authorized data transfer...more

The French Digital Republic Act: the New Powers of the French Data Protection Authority and Enhanced Rights of Individuals

On October 7, the French Digital Republic Act (the “Act”) was adopted following a widely-publicized consultation process. The Act amends the French Data Protection Act, and also modifies French law in various domains,...more

How Can Yahoo E-Mail Scanning Impact the EU-U.S. Privacy Shield?

Reuters reported earlier this month that, according to three former employees, Yahoo Inc. had “complied with a classified U.S. government demand, scanning hundreds of millions of Yahoo mail accounts at the behest of the NSA...more

Asia-Pacific Data Flow

On October 19, the US Department of Commerce and the Personal Information Protection Commission of Japan announced their commitment to expand the Asia-Pacific Economic Cooperation (APEC) Cross Border Privacy Rules (CBPR)...more

Anonymous or Not: Court of Justice Issues Ruling on IP Addresses

On October 19, 2016, the Court of Justice of the European Union (CJEU) issued a ruling on the question of whether IP addresses constitute personal data. The ruling has direct implications on the general question of when data...more

ECJ Declares IP Addresses are Personal Data

Today, the European Court of Justice (ECJ) issued its long-awaited decision in Breyer v. Germany. Breyer addresses the question of whether IP addresses are “personal data” for purposes of EU data protection law. As is...more

Expected Soon: Modifications of the Standard Contractual Clauses

The European Commission very recently presented two draft implementing decisions amending the existing adequacy decision on standard contractual clauses. These drafts were presented to the Article 31 Committee, which is...more

EU-US Privacy Shield: What You Need to Know for Transatlantic Data Transfers

The flow of data across international borders is crucial to commerce in today’s global economy. After last year’s invalidation of the Safe Harbor framework, which enabled companies to transfer personal data from the EU to...more

Transatlantic Data Transfer: An Update

The EU-US Privacy Shield, designed to protect EU citizens’ personal data when it is transferred to US organisations, has now been in place for a couple of months. How is it shaping up?...more

And suddenly, an ancillary law significantly changes the scope of sanctions in France well in advance of the General Data...

French regulatory framework is undergoing an important shift in terms of sanctions imposed by the French Data Protection Authority (the ‘CNIL’) in case of non-compliance with French Data Protection Law as the administrative...more


Following the UK Brexit referendum businesses will now find themselves assessing their future. Below is a checklist designed to raise some important questions that should be considered in order to assess potential risks and...more

Update from the French Data Protection Authority on the compliance package for connected vehicles

The market of the so-called “connected vehicles” has been considerably growing since 2015. According to a recent study by AlixPartners, 78 million of connected vehicles will be commercialized in 2018, generating a EUR40...more

The New European Union-U.S. Data Privacy Shield…Is It Right for You?

U.S. companies with transatlantic operations should carefully balance the need to transfer personal data about European customers and employees from Europe to the U.S. in light of the increased burdens and cost of compliance...more

Copyright: Europe Explores Its Boundaries - Digital Single Market Update: The European Commission’s Proposal to Modify and...

Copyright reform is a key part of the European Union’s package of measures designed to create a Digital Single Market (DSM) in the EU. The European Commission’s view is of nothing less than a modernisation of EU copyright...more

Use Data from the EU? It’s Time to Update Your Privacy Policies and Procedures

This is the first post in a three-part series. May 25, 2018. If you are a company that comes into contact with European data, whether you are operating in Europe or elsewhere, and you have not taken note of this date...more

UK ICO issues largest ever fine for a data breach

The UK Information Commissioner's Office (the "ICO") has issued a record fine of £400,000 to a UK telecoms company, in connection with a data breach that took place in October 2015. The fine, and the related adverse...more

US Officially Blames Russia For DNC Hack

The United States (US) Department of Homeland Security (DHS) and Office of the Director of National Intelligence (ODNI) issued a joint statement on Friday, October 7, 2016, publicly stating for the first time that the US...more

UK 'must avoid data protection Brexit'

According to the UK's new information commissioner, Elizabeth Denham, who was interviewed by the BBC, the UK “should adopt forthcoming EU data protection laws, despite its plan to leave the Union”. The new EU data...more

French Data Protection Authority Reveals the Scope of its Connected Car “Compliance Package”

On October 3, 2016, during a conference organized by the French Comity of Car Manufacturers (“CCFA”) during the Paris Motor Show, Mrs. Sophie Nerbonne, the Compliance Director of the French Data Protection Authority...more

Data Privacy in the UK Post Brexit

Following this summer’s vote to leave the European Union, the wider implications of Britain’s decision to break from the EU continue to be felt as governments, businesses, and private citizens look to forthcoming...more

A System of Voluntary Self-Identification in the World of Virtual Currencies

On 5th July 2016, the European Commission (the “Commission”) published a proposal for a Directive amending the Fourth Money Laundering Directive (“Proposed Directive”), which sets out, amongst other things, to bring into...more

Does Brexit mean Brexit for data protection in the UK?

Three months on from the landmark Brexit vote 23 June, the Information Commissioner’s Office is setting out its position regarding data protection laws in a post-Brexit UK. Elizabeth Denham, the new Information Commissioner,...more

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