News & Analysis as of

Data Protection Authority

Processor BCRs Under the GDPR: Realizing the Potential

by Alston & Bird on

Binding Corporate Rules (BCRs) are an intracompany code of conduct that regulates the principles and rules that apply to the processing and transfer of personal data within a company group, including cross-border. BCRs were...more

Data Protection Impact Assessments under GDPR: Article 29 Working Party Adopts Draft Guidelines

by WilmerHale on

The EU General Data Protection Regulation’s (GDPR) requirements are coming into focus quickly as EU data protection authorities continue to issue guidance on different aspects of the law. On April 4, 2017, the Article 29...more

Swiss-U.S. Privacy Shield: Key Similarities, Key Distinctions with the EU-U.S. Approach

by White & Case LLP on

On April 12, 2017, the U.S. International Trade Administration ("ITA") will begin accepting self-certifications for the Swiss-U.S. Privacy Shield ("Swiss Privacy Shield"). The Swiss Privacy Shield replaces the U.S.-Swiss...more

Privacy Shield: Recent Developments

by White & Case LLP on

The Article 29 Working Party has released new procedural documentation concerning complaints under the Privacy Shield scheme, comprising rules of procedure and a form for individuals to submit complaints. This comes against a...more

EU Data Privacy Rules and Penalties Reach America: Are You Ready?

by Hirschfeld Kraemer LLP on

What is European Data Privacy Law and why does it impact California and other U.S. based companies? The Charter of Fundamental Rights of the European Union, Article 8, protects everybody’s personal information. ...more

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

by Alston & Bird on

Spanish Ministry of Justice Launches Public Consultation on GDPR. On February 7, 2017, the Spanish Ministry of Justice launched a public consultation as a preliminary step before drafting a new bill implementing the General...more

Global Privacy & Cybersecurity Update Vol. 13

by Jones Day on

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

Italy Imposes Record Data Protection Fines

by Alston & Bird on

On March 10, Italy’s data protection authority, Il Garante per la protezione dei dati personali (the “Garante”), announced that it had ordered fines totaling more than €11 million on five companies operating in the money...more

The Validity of EU-U.S. Personal Data Export Tools: A Pending Issue

by McGuireWoods LLP on

Between the cancellation of the Safe Harbor by the Court of Justice of the European Union (CJEU) and the adoption of the Privacy Shield, a number of data exporters have relied on the Standard Contractual Clauses (SCC) as the...more

EU Data Protection Authorities Approve Google’s Cloud Commitments for International Data Transfers

by Reed Smith on

Google has announced that the EU data protection authorities have reviewed and confirmed its Google Cloud services’ contractual commitments as fully compliant with the EU requirements for transferring personal data to third...more

CNIL Launches Second Round of Public Consultation on GDPR

by Alston & Bird on

Last week, the French Data Protection Authority (“CNIL”) launched the second round of a public consultation on the General Data Protection Regulation (“GDPR”). The first public consultation was launched in June 2016 and...more

It’s Not Too Early! ICO Guidance Regarding Consent Under GDPR

The European Union’s General Data Protection Regulation (the “GDPR”) goes into effect in a little over fourteen months and from a quick glance at our bullet points analysis you can see there is a lot to consider. One crucial...more

Bavarian Data Protection Authority Issues Its “7th Activity Report 2015/2016”

by Reed Smith on

On 3 March 2017, the Bavarian Data Protection Authority (Bayerisches Landesamt für Datenschutzaufsicht – “DPA”) issued a 160-page 7th activity report (Tätigkeitsbericht), covering years 2015 and 2016. The activity report has...more

"Privacy & Cybersecurity Update - February 2017"

In this edition of our Privacy & Cybersecurity Update, we look at a series of recent court rulings regarding standing in privacy cases, most of which suggest plaintiffs will continue to have a difficult time establishing...more

Article 29 Working Party Releases Procedures, Template Complaint Form for Privacy Shield Complaints

by WilmerHale on

On February 20, 2017, the Article 29 Working Party released procedures and a template complaint form for implementing the EU-US Privacy Shield. The procedures govern the functioning of the informal data protection authority...more

Polish DPA Releases Data Privacy Inspection Plans – Targets Health, Shopping

by Hogan Lovells on

The Polish Data Protection Authority (GIODO) has just released its inspection plans for 2017. This year, the GIODO has decided to target its review of compliance with data protection laws on the health services and consumer...more

The Top 5 International Data Privacy Issues for Employers in 2017

As employers catch their breaths after an action-packed 2016, they need to gear up for another turbulent year for international data privacy issues in 2017. The top five international data privacy issues follow....more

Privacy and Data Security: 2017 Year in Preview

by Polsinelli on

Few issues keep executives awake at night more than Privacy and Data Security. New regulations and threats alike are plentiful, varied, and evolving. The rate of change for cybersecurity and information governance continues...more

Spanish DPA Issues GDPR Guidelines

by Alston & Bird on

On January 26, 2017, the Spanish data protection authority (“AEPD”) published three guidance papers on the implementation of the general data protection regulation (“GDPR”). Although the guidance is primarily directed at...more

Swiss-U.S. Privacy Shield to Replace the U.S. Swiss Safe Harbor Framework

On January 11, 2017, the Swiss Federal Council and the U.S. International Trade Administration (ITA) announced that the Swiss-U.S. Privacy Shield will replace the U.S.-Swiss Safe Harbor Framework to permit U.S. businesses to...more

Argentine Data Protection Authority Approves Model Clauses

The Argentine Data Protection Authority recently issued a new regulation approving two sets of model contractual clauses (controller-to-controller and controller-to-processor) for the international transfer of personal data....more

Swiss-US Privacy Shield Will Replace Swiss-US Data Protection Safe Harbor

On January 11, 2017, the Swiss Federal Council announced that a new framework will govern the transfer of personal data from Switzerland to the US. According to the Federal Council, the Swiss-US Privacy Shield Framework...more

Privacy Certifications and Trustbrands In the EU: A Comparison of US Law, EU Law, and Soon-To-Be EU Law

by Bryan Cave on

In the United States, privacy certifications, or “trustbrands,” are seals licensed by organizations to place on their homepage or within their privacy policy. The seals typically state, or imply, that the organization has...more

"New French Anti-Corruption Legal Framework"

A new French law titled “Transparency, the Fight Against Corruption and Modernization of the Economy,” which was published in the French Official Journal on December 10, 2016 (known as Sapin II, as it was named after the...more

EU-U.S. Privacy Shield: Assessing The New Regime

by King & Spalding on

Businesses have now had four months to get to grips with the new EU-U.S. Privacy Shield for transatlantic data transfers after it came into force in August 2016. As the New Year looms, what are the emerging trends we have...more

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