News & Analysis as of September 18, 2024

Article 29 Working Party (WP29)

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

GDPR: New Guidelines on Territorial Scope

K&L Gates LLP on 11/26/2018

On November 23, the European Data Protection Board (“EDPB”) - the gathering of all European Union (EU) data protection authorities - adopted new draft guidelines on territorial scope of the GDPR. The EDPB was previously known...more

European Data Protection Board Issues Guidance On Derogations For International Data Transfers

King & Spalding on 7/19/2018

On May 25, 2018, at the effective date of the General Data Protection Regulation (“GDPR”), the European Data Protection Board (“EDPB”) adopted its “Guidelines 2/2018 on derogations of Article 49 under Regulation 2016/679”...more

The EDPB Replies to Queries from European Parliament on Protection of Personal Data in Context of PSD2

Orrick - Finance 20/20 on 7/11/2018

The European Data Protection Board (“EDPB“) has published a letter sent to the European Parliament in relation to the revised Payment Services Directive ((EU) 2015/2366) (“PSD2“)....more

Another Ultimatum on the EU-US Privacy Shield

McGuireWoods LLP on 6/26/2018

The EU-US Privacy Shield is one of the legal mechanisms enabling the transfer of personal data outside the European Economic Area to US companies that have self-certified to a number of privacy principles (which correspond to...more

New Watchdog, New Tricks: European Data Protection Board Adopts GDPR Guidelines and Releases Statement on ePrivacy Regulation

Kelley Drye & Warren LLP on 6/8/2018

Less than one week after replacing the now defunct Article 29 Working Party (WP29), the European Data Protection Board (EDPB) has adopted new guidelines on the EU General Data Protection Regulation (GDPR) and issued a...more

GDPR Guidance – European Data Protection Board Adopts Art. 29 Working Papers

Hogan Lovells on 5/31/2018

Data protection authorities set out guidelines for the application of the new EU General Data Protection Regulation - The European Data Protection Board (EDPB) is the joint coordination body of the EU data protection...more

On GDPR Day, Austrian DPA issues First Binding DPIA Whitelist

Alston & Bird on 5/29/2018

The GDPR entered into force on May 25, 2018. One of the GDPR’s core going-forward obligations is the duty to conduct Data Protection Impact Assessments (DPIAs) over processing activities that create a “high risk” to...more

Working Party Confirms That Employers of All Sizes Must Maintain Article 30 Records of Processing for Human Resources Data

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/9/2018

On April 19, 2018, the Article 29 Working Party (Working Party), which is comprised of representatives from the data protection authorities in each of the 28 European Union (EU) member states, issued a position paper stating...more

WP29 Issues Guidance On GDPR Obligations For Companies Under 250 Employees

King & Spalding on 5/2/2018

On April 19, 2018, the statutorily-appointed independent EU advisory body known as the Article 29 Working Party (“WP29”) published a Position Paper on the derogations from the obligation to maintain records of processing...more

WP29 Releases New Guidance On Encryption Standards

King & Spalding on 4/24/2018

On 11 April 2018 the EU’s authority on data protection – the Article 29 Working Party, or WP29 – released new guidance on encryption standards, providing an important indication of the EU’s approach to data protection....more

What the Working Party might be Thinking about Discovery – WP 261 Derogations to the GDPR

BakerHostetler on 4/23/2018

On Feb. 6, 2018, the Article 29 Working Party (Working Party 29) published Working Paper 261 (WP 261), which provided guidance on the provisions of Article 49 of the European Union’s (EU) General Data Protection Regulation...more

EU-US Transatlantic Data Flows Subject to Further Legal Challenge

Robinson+Cole Data Privacy + Security Insider on 4/18/2018

Last week, the High Court of Ireland submitted eleven questions to the Court of Justice for the European Union (CJEU) to consider about the personal data transfer regime between the European Union (EU) and the United States....more

EU Data Protection Authorities Issue Guidance On Data Breach Notifications

King & Spalding on 3/20/2018

On February 12, 2018, the statutorily-appointed independent EU advisory body known as the Article 29 Working Party (“WP29”) published revised Guidelines on personal data breach notification under the General Data Protection...more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter - March 2018

Alston & Bird on 3/2/2018

Features - Updates on the EU - Privacy & Data Security Team Launches GDPR Tracker Website. The Alston & Bird Privacy & Data Security Team recently launched the General Data Protection Regulation (GDPR) Tracker website,...more

Forget Me, Forget Me Not: What’s New (Nouveau, Nuevo, Neu…) EU?

Husch Blackwell LLP on 1/25/2018

St. Louis was named after Louis IX (born in 1214!), hosted a World Fair (technically, the 1904 Louisiana Purchase Exposition), the fleur-de-lis is ubiquitous, and we love soccer and football, although we have neither major...more

Consent under the GDPR: Official Guidance Now Available

Mintz - Privacy & Cybersecurity Viewpoints on 12/19/2017

One of the most striking changes to EU privacy law under the EU’s General Data Protection Regulation (which goes into effect May 25, 2018) is the very strict approach to user consent. For many years, companies operating in...more

EU Data Protection Authorities Release Report on Privacy Shield

King & Spalding on 12/13/2017

On November 28, 2017, the statutorily-appointed independent EU advisory body known as the Article 29 Working Party (“WP29”) released its report following the First Annual Joint Review on the EU-U.S. Privacy Shield (“Privacy...more

Global Privacy & Cybersecurity Update Vol. 16

Jones Day on 11/21/2017

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - United States and China Renew Promise Not to Hack - On October 4, U.S. and Chinese officials agreed to not engage in targeted hacking. Per a...more

Article 29 Working Party Issues Guidance on Administrative Fines

Alston & Bird on 11/6/2017

The Article 29 Working Party (“WP29”) recently issued much-anticipated guidance on administrative sanctions under the General Data Protection Regulation (the “GDPR”). This guidance focuses on the holistic factors which...more

WP29 Issues Guidelines on Automated Individual Decision-Making and Profiling in the GDPR

Alston & Bird on 11/1/2017

On October 18, 2017, the Article 29 Working Party (the “WP29”) published Guidelines clarifying the new profiling and automated decision-making provisions of the General Data Protection Regulation (“GDPR”). European Union...more

The Article 29 Working Party releases draft guidelines on profiling and automated decision-making under the GDPR

WilmerHale on 10/25/2017

On October 18, the Article 29 Working Party released its draft of “ Guidelines on Automated individual decision-making and Profiling for the Purpose of Regulation 2016/679” (“Guidelines on Automated individual decision-making...more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter - October 2017

Alston & Bird on 10/4/2017

An English-Language Primer on Germany’s GDPR Implementation Statute. Expanding on his recent article for Bloomberg BNA, Alston & Bird associate Dan Felz offers a multipart primer on Germany’s new GDPR implementation statute....more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 3 of 5

Alston & Bird on 10/2/2017

Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR). On July 6, 2017, Germany did so by passing a statute titled the Data Protection...more

Data Processing at Work: New Challenges towards Compliance

Alston & Bird on 8/10/2017

The Article 29 Working Party (“WP29”) recently issued an opinion that discusses the processing of employee personal information (Opinion 02/2017). WP29 focuses on the use of new technologies by employers and assesses...more

Be Prepared: Update on EU Employment Data Privacy Laws

Orrick - Employment Law and Litigation on 8/3/2017

Global companies face stricter rules on employee data privacy, in particular when using social media and internal monitoring tools. It also now becomes clearer that many EU Member States will use the opening clause of Art. 88...more

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