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European regulators unofficially announced the major theme of this new year, through the release of several decisions pertaining to cookies and other tracking technologies in the first 10 days of 2022. As the General Data...more
The Council of the European Union (Council) released a new draft of the ePrivacy Regulation (Council doc. 5642/21) on January 5, 2021. Various versions of the ePrivacy Regulation have been under consideration in the Council...more
More than 60 U.S. and global data protection authorities and governmental agencies have issued guidance on health data collection, COVID-19 diagnosis disclosure, work-at-home practices, and return-to-work approaches. The...more
On May 4, 2020, the European Data Protection Board adopted updated guidelines on what does and does not constitute consent under the General Data Protection Regulation (GDPR) in certain situations. Consent is one of the...more
The Situation: On July 4, 2019, the French data protection authority ("CNIL") published revised guidelines on the implementation of cookies or similar tracking technologies in order to take into account the new requirements...more
Foreword - European data protection laws have made significant strides in the last two decades. Privacy and data protection laws have undergone dramatic changes over the last 20 years, in a race to keep up with technology....more
On 1 October 2019, the Court of Justice of the European Union (CJEU) issued its long-awaited decision in the case Planet49 (Case C-673/17). The decision clarifies the requirements for valid cookie consent under Directive...more
A year ago, on May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) came into force. With its extraterritorial scope and detailed requirements, the GDPR aimed to change the approach to personal data...more
Overview of key issues - The GDPR raises a number of key issues that organisations should consider, including the following...more
Why does this topic matter to organisations? The defined terms set out in this Chapter are of critical importance to understanding how EU data protection law applies to an organisation. For example, the question of whether...more
According to a recent story published by The Register, the U.K. data privacy watchdog, the Information Commissioner’s Office (ICO) has issued a warning to the U.S.-based newspaper The Washington Post (WaPo) about obtaining...more
Six months have now passed since the implementation of the EU General Data Protection Regulation (GDPR). The GDPR has raised awareness of the importance of personal privacy as a fundamental right and placed data protection...more
Under the GDPR, processors must have a lawful basis for processing any data of an EU data subject. Consent is one of six lawful bases under the GDPR, and in this installment of GDPR SIDEBAR, we’ll cover best practices that...more
Overview (10. – 6.) - 10. The European Union (EU) General Data Protection Regulation (GDPR) went into effect on May 25, 2018. It applies to the processing of “personal data” of EU citizens and residents (a/k/a “data...more
This article is Part 4 of our series on the GDPR for U.S.-based companies. Part 1 assisted U.S.-based companies in determining whether the GDPR applies to them; Part 2 provided an overview of the GDPR’s key concepts and...more
On May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) took effect. Although EU laws typically don’t have a worldwide impact, the GDPR will impact business across the globe. The GDPR has an extremely...more
As employers continue to prepare for compliance with respect to the European Union’s (“EU”) new overarching data privacy law, the General Data Protection Regulation 2016/679 (“GDPR”), employers are reminded to take necessary...more
As 2017 comes to a close and companies look to planning initiatives for 2018, there is one date that should be front and center for privacy professionals: May 25, 2018. That is the date that the EU’s General Data Protection...more
How The EU Data Privacy Regulation Will Affect American Companies’ Data Collection and Processing Practices – and Their Revenue - For American companies who do business in Europe or who process the personal data of EU...more
January 10, 2017 marked another important step towards reform of the EU data protection framework, with the release of the EU Commission’s proposals for a new Regulation governing privacy and electronic communications. ...more
The European Court of Justice (ECJ) has struck down the 15-year-old “Safe Harbor” agreement that permitted companies operating in Europe to transmit personal user data to the United States, as long as the U.S. ensures an...more
On October 6, 2015, the European Union’s Court of Justice (the “ECJ”) invalidated the E.U. – U.S. Safe Harbor Framework (the “Safe Harbor”) — a data transfer arrangement upon which thousands of U.S. based companies have...more
The European Parliament has finalized its version of the proposed Data Protection Regulation, which would substantially change personal data protection rules in the 31-country European Economic Area. The Parliament’s LIBE...more
Introduction - On October 21, 2013, the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE Committee) held its long-awaited vote and adopted compromise amendments that would modify the...more
A Berlin court ruled that eight clauses in Apple Sales International's (“Apple”) standard data use policy, which covers how the company can share data, do not comply with Germany’s privacy protection laws and enjoined Apple,...more