Data Protection EU Data Protection Laws

News & Analysis as of

Fines Issued for Transfer of Customer Data in an M&A Asset Deal

Recent enforcement actions by the Bavarian Data Protection Authority (DPA) [Bayerisches Landesamt für Datenschutzaufsicht] highlight the importance of severe restrictions placed on the transfer of such data, even in the...more

A Primer on Russia’s New Data Localization Law

Privacy and data security professionals worldwide should circle September 1 on their calendars, as it’s the day Russia’s new data localization law goes into effect – and possibly generates major waves far beyond Russian...more

The FTC Continues to Flex its Safe Harbor Enforcement Muscles

On August 17, 2015, the Federal Trade Commission (FTC) announced settlements with 13 companies on charges that they misled consumers by claiming that they were certified members of the U.S.-EU or U.S.-Swiss Safe Harbor...more

Judges Examine Key Differences between U.S. and European E-Discovery

Exterro’s inFusion `15 user conference kicked off with a fascinating keynote on the differences between e-discovery laws in the U.S. and Europe. What made the discussion so interesting was that it featured two judges with a...more

EU Privacy Law May Require Individual Third Party Consent for Sale of Customer Email Lists

Parties to transactions involving personal data in Europe are well-advised to investigate whether individual consent or the offer of opt-outs are required to avoid the risk of fines and other sanctions imposed by the DPA or...more

Customer Data in Corporate Sales - A Privacy Issue: German Privacy Watchdog Fines Seller and Purchaser for Personal Data Transfer

In a press release on 30 July 2015, the Bavarian data protection authority (DPA) announced that it had recently fined both seller and purchaser for unlawfully transferring customer data as part of an asset...more

The slow death of EU forum shopping

Forum shopping (i.e. where businesses pick and choose the most privacy-friendly EU state to set up shop) has always been a somewhat unique side effect of EU data privacy law. Then last year saw the Google Spain case where the...more

EU Data Protection Regulation – Did you know there’s an app for that?

As EU data protection watchers know, the draft General Data Protection Regulation (which has been around long enough to be universally referred to by its acronym, GDPR) exists in three major versions, with a fourth version...more

Developing or Enhancing “Bring Your Own Device” Programs – Your First Five Questions . . .

This is the second blog post in Discovery Advocate’s new series, “Your First Five Questions,” in which we identify a question commonly (or sometimes not so commonly) seen in practice followed by the first five questions you...more

A Kinder, Gentler Spanish Data Protection Authority?

As of July 24, Spain has a new director for its Data Protection Authority (Agencia Española de Protección de Datos — AEPD). The AEPD is the agency responsible for conducting investigations and bringing disciplinary actions...more

EU Data Protection Regulation: Final “Trilogue” Negotiations are off to a Good Start

Following the European Parliament’s adoption of a General Approach to the long-awaited draft Data Protection Regulation (DPR) last month, negotiations over the regulation’s final form have now commenced. These negotiations...more

E-Discovery: If you can’t take the data to the tools, take the tools to the data

Today we welcome Jo Sherman, CEO, EDT Inc. to share some of her thoughts on the challenge of international investigations and data collection/analysis. Given the challenges of discovery and data collection across borders in...more

EU Data Privacy Update: European Council Approves Agreement to Data Privacy Reform

European regulators took another step forward on the protracted and procedurally involved path to EU-wide data privacy reform earlier this month when the European Council (the organization of the individual member states)...more

In the E.U., Where to Bring Suit When the Subject is Data and the Defendant is a U.S. Company? Hint: It’s About More Than Just...

When are U.S. social media companies subject to European data privacy laws? As we reported in 2013, the answer is often contingent on geographic location – where the relevant data is processed. In 2013, for example, a German...more

Progress on Data Protection in the European Union

We may see the final text of the proposed EU General Data Protection Regulation by the end of 2015. In mid-June, the Council of the European Union set forth an agreed general approach to the proposed EU General Data...more

EU Data Privacy Updates

A brief rundown of developments in recent weeks in the area of EU data protection law: - EU Data Protection Regulation - On Monday, June 15, the EU Council (comprised, for purposes of data protection reform, of...more

Are we nearly there yet?

If you kids ask that one more time... Well, I think it’s only fair for us poor Data Protection kids in Europe to have been asking this on repeated occasions over the last three and a half years. It’s certainly a...more

EU Reaches Milestone Towards the Adoption of Revised Data Protection Framework

On June 15, 2015, the Ministers of Justice of all 28 European Union member states, sitting as the Council of the EU (Council), reached a crucial agreement for the future EU data protection legal framework. Much work still...more

The General Data Protection Regulation - Where Are We Now?

To become law, the proposed text will need to be adopted jointly by the European Parliament and the Council of Ministers (i.e. ‘ordinary legislative procedure’). In March 2014, the European Parliament voted in plenary and...more

On the Death of Purpose Limitation

The latest Council version of the European General Data Protection Regulation (GDPR) provides that personal data may be further processed by the same data controller even if the further purpose is incompatible with the...more

7 Important Considerations for European Hotlines

As any organization that operates internationally knows, there are varying levels of data protection that are implemented from country to country. The idea is to share data in a manner that also protects personal privacy and...more

EUROPE: Security and privacy must go hand in hand, not head-to-head, says European Privacy Supervisor

At a 29 April Cybersecurity and Privacy conference in Brussels, Keynote Speaker and recently appointed European Data Protection Supervisor (EDPS) Giovanni Buttarelli was given the opportunity to comment on his 5-year...more

[Webinar] Compliance with EU Data Protection for US Companies - April 29, 1:00-2:00 EDT

This webinar, the fourth in our Privacy Series, will consider issues faced by US companies who do business in Europe or simply interact with European customers. We will look at how to determine whether EU data protection laws...more

Be Global - A look ahead to key international employment law developments expected in 2015

In This Issue: - ASIA PACIFIC: - Australia: Gender Equality Reporting Update - China: Predicted Increase in Collective Bargaining - China: Compliance with 10% Cap on Dispatch Workers - Hong Kong:...more

Retailers Need To Prepare For The New EU Data Protection Regulation

By now, everyone has heard of the draft EU Data Protection Regulation that is expected to replace the current Data Protection Directive, which dates from 1995. The key innovative provisions in the Regulation will...more

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