Data Protection European Union

News & Analysis as of

EU Commissioner - President Trump Set To Discuss Future Of Privacy Shield Accord

European Union (“EU”) Commissioner Vera Jourová will meet with U.S. President Donald Trump this month to discuss the future of the EU-U.S. Privacy Shield (“Privacy Shield”) accord which imposes obligations on U.S. companies...more

How the General Data Protection Regulation Will Apply to and Affect the UK

The GDPR will apply to the UK when it is effective on May 25, 2018, but the government will need to adopt domestic data privacy legislation upon the UK’s pending exit from the EU....more

UK Privacy Regulator Addresses Data Protection Under The GDPR

On Monday, March 6, 2017, the UK’s Information Commissioner’s Office (“ICO”) held its annual Data Protection Practitioners’ Conference. During the conference, Information Commissioner Elizabeth Denham, who was appointed to...more

The ECJ Rules on the Compatibility with EU Law of Domestic Data Retention Requirements Imposed on Providers of Electronic...

After its invalidation of the data retention requirements imposed by Directive 2006/24/EC in its Digital Rights Ireland decision dated 8 April 2014, the ECJ was requested to assess the compatibility with the Directive...more

United Kingdom Privacy Office Issues Guidance on Consent Under GDPR

The EU General Data Protection Regulation (GDPR), which takes effect in May 2018, will require companies to reassess their mechanisms for obtaining, tracking, and verifying individuals' consent. Companies will need clear and...more

ICO Seeks Extra Resources for GDPR Enforcement

On March 13, 2017, Elizabeth Denham, head of the UK data protection authority (“ICO”) publicly expressed her intention to massively recruit new personnel in an effort to be ready for the European (“EU”) general data...more

Global Privacy & Cybersecurity Update Vol. 13

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

Coalition of Human Rights Organisations Call for Suspension of Privacy Shield

The EU-U.S. Privacy Shield has come under scrutiny once again after 17 civil society organisations (the Coalition) sent a letter to the European Commissioner for Justice and Consumers. The 28 February 2017 letter...more

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

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

Health Company Fined by UK’s Information Commissioner Office

Last week, the UK’s Information Commissioner’s Office (ICO) published a monetary penalty notice which fined a private healthcare company, HCA International, £200,000 for its failure to keep sensitive data secure....more

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

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

UK Launches Public Consultation on GDPR Consent Guidance

The General Data Protection Regulation (GDPR) will come into force on 25 May 2018, replacing UK’s Data Protection Act 1998 (DPA). It is yet unclear how Brexit will play out, yet in the meantime the United Kingdom is moving to...more

The EU’s New Data Protection Regulation – Are Your Cybersecurity and Data Protection Measures up to Scratch?

In the context of increasing cyber-attacks on major corporate organisations, small businesses and government, data protection and cybersecurity is a hot topic. Added to this, the GDPR—a strict new regulatory regime in...more

A Sea Change for Beneficiaries' Right to Information?

The Court of Appeal’s ruling in Dawson-Damer v Taylor Wessing offers beneficiaries rights of access to personal data held by trustees and their legal advisers. This is a landmark case in which our clients, the claimants,...more

Funds Talk: March 2017

OCIE Highlights Frequent Topics for Compliance Deficiencies for Investment Advisers - On Feb. 7, 2017, the Securities and Exchange Commission’s (SEC’s) Office of Compliance Inspections and Examinations (“OCIE”) published...more

Regulation Round Up - February 2017

The FCA and PRA announced changes to enforcement process with the aim of strengthening the transparency and effectiveness of enforcement decision-making processes. Some of the changes have already come into force, the rest...more

Orrick's Financial Industry Week In Review

Financial Industry Developments - New York Department of Financial Services Promulgates First-in-the-Nation State Cybersecurity Regulation - On February 16, 2017, the New York Department of Financial Institutions...more

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 the drafting of a new bill implementing the General Data Protection Regulation (“GDPR”). The press release...more

The EU Winter Package Briefing Paper

Clean energy for all Europeans - On 30 November 2016 the Commission published its so-called ‘Winter Package’ of eight proposals to facilitate the transition to a ‘clean energy economy’ and to reform the design and...more

Will European Privacy in the United States be Trumped?

In recent weeks there has been significant debate among commentators about whether Europeans’ privacy is becoming less protected in the US and what that may mean for the privacy protection arrangements between the EU and the...more

UK Reaffirms Commitment to GDPR while ICO Increases its International Focus

At the beginning of February, the Minister of State responsible for digital and culture policy, Matt Hancock, reaffirmed the UK’s commitment to implementing legislation mirroring the General Data Protection Regulation (GDPR),...more

Is breach mitigation the next wave of cybersecurity regulation?

More and more, regulators are focusing their rulemaking power not just on how a company responds (or doesn’t respond) to a data breach, but the steps it took far in advance to prevent or mitigate such a breach. Two...more

Hungary defines legal grounds for data processing in the workplace

Due to the nature of employment relationships, personal employee data are processed in countless contexts every day. However, Hungarian labor regulations have very limited provisions on data processing at the workplace....more

Keep Only What You Need – Information Management in the Digital Age

Baker Donelson's Data Protection, Privacy and Cybersecurity attorneys are pleased to continue a series of client alerts that address significant cyber-threats to your business and how you can protect your business with...more

Interview with Jan Albrecht, Dr. Stefan Brink and Tim Wybitul on the New German Data Protection Bill

On 1 February 2017, the German federal cabinet adopted a draft data protection bill. The planned implementation statute aims to supplement and further define the EU General Data Protection Regulation, which will come into...more

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Cybersecurity

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