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Data Protection European Court of Justice (ECJ)

DLA Piper

Europe/Germany: Right to Bring Collective Action for Violations of Information Obligations Under GDPR

DLA Piper on

Summary - In its judgement of 11 July 2024 (C-757/22), the European Court of Justice (‘ECJ’) ruled that the violation of a controller’s information obligations under Art. 12 and 13 GDPR, can be subject to a representative...more

Ius Laboris

Employers liable for employees’ GDPR errors

Ius Laboris on

A recent judgment of the European Court of Justice (ECJ) sheds light on the question of whether a data controller can be exempted from liability for the error of a person acting under its authority....more

Skadden, Arps, Slate, Meagher & Flom LLP

Data Protection Rulings by European Regulators Offer Insights Into Their Security Expectations

Valuable insights into the measures European regulators expect businesses to take to protect data privacy can be found in a report from the European Data Protection Board (EDPB) summarizing decisions under the EU’s General...more

Wilson Sonsini Goodrich & Rosati

EU Court of Justice Landmark Ruling on Digital Advertising and GDPR Compliance

On March 7, 2024, the European Court of Justice (CJEU) issued a landmark ruling on digital advertising and the concepts of personal data and joint controllership under the General Data Protection Regulation (GDPR)....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employer Considerations for Responding to Right of Access Requests Under Article 15 of the GDPR

In 2023, the European Court of Justice (ECJ) clarified the limits of applicants’ right of access requests under Article 15 of the European Union’s General Data Protection Regulation (GDPR) in landmark decisions with...more

Husch Blackwell LLP

Adoption of EU/U.S. Data Privacy Framework

Husch Blackwell LLP on

Key Point: The European Commission has adopted an adequacy decision for the EU-U.S. Data Privacy Framework, which allows certain businesses to transfer data from the EU to the U.S. without the need for additional transfer...more

McDermott Will & Emery

Get Ready to Update Your Binding Corporate Rules Regulators Expand Requirements

At the end of June, the European Data Protection Board (EDPB) published its Recommendations (Recs) on Binding Corporate Rules (BCRs). Among other things, the Recs require existing and in process BCRs to: - Incorporate...more

Foley Hoag LLP - Security, Privacy and the...

Anonymization and the GDPR – Clarity from the European Courts? Not so Fast!

As we’ve written about before, the question of anonymization can be tricky.  When is something “anonymized” or merely “de-identified” or “pseudonymous” — and when does it matter?  This is a particularly fraught issue under...more

Littler

The “Trans-Atlantic Data Privacy Framework” – Finally a Legally Secure Data Transfer to the United States?

Littler on

Since the European Court of Justice (ECJ) declared the “Safe Harbour” agreement—which had permitted U.S. companies to comply with EU restrictions on the transfer of personal data outside the EU—invalid in October 2015,...more

Spirit Legal

Restitutio in Integrum

Spirit Legal on

A Fresh Perspective on Data Protection and Damages - Opening statements by Peter Hense at a University of Vienna panel titled "EU Future Talks, Non-Material Damages for GDPR Violations: Quo Vadis Österreichische Post...more

McDermott Will & Emery

Nach neuem EuGH-Urteil: Wie geht es weiter im deutschen Beschäftigtendatenschutz?

McDermott Will & Emery on

Für alle Personalverantwortlichen gibt es spannende Neuigkeiten aus dem Bereich Beschäftigtendatenschutz: Aufgrund einer Entscheidung des EuGH (Urteil vom 30. März 2023, C 34/21) könnte § 26 BDSG, die zentrale deutsche Norm...more

White & Case LLP

European Advocate General rejects the need for “strict liability” in GDPR violations – The last word, however, is not yet spoken

White & Case LLP on

It is, by now, well known that not taking data protection seriously can prove costly for organizations. Since the introduction of the European General Data Protection Regulation (the "GDPR") in 2018, non-GDPR-compliant...more

King & Spalding

With Risk Comes Responsibility: EU Proposes High-Risk AI Regulation Affecting Device Manufacturers

King & Spalding on

In April 2021, the European Commission proposed the EU Artificial Intelligence Act, a first-of-its-kind regulation by any global regulatory authority. The proposed Act is intended to establish harmonized rules on artificial...more

White & Case LLP

CJEU clarifies GDPR obligation to disclose details of recipients

White & Case LLP on

The GDPR allows individuals to request information about the “recipients or categories of recipients” to whom their personal data has been disclosed. In a recent ruling, the EU’s Court of Justice said data subjects get to...more

Foley Hoag LLP - Security, Privacy and the...

Looking to a New EU-US Data Privacy Framework

As we wrote in July 2020, the European Court of Justice issued a landmark decision that invalidated the Privacy Shield as untenable under the European General Data Protection Regulation (GDPR). The decision sparked...more

Orrick, Herrington & Sutcliffe LLP

Advocate General of ECJ on GDPR Damages. Is relief from non-substantial claims in sight?

While claims for damages in the event of data protection violations have theoretically existed for some time, they have been gaining in importance since the introduction of the General Data Protection Regulation ("GDPR")....more

Goodwin

U.S. And EU Reach Political Agreement on a New Trans-Atlantic Data Privacy Framework: The Implications for Businesses

Goodwin on

On 25 March 2022, President Biden and the President of the European Commission (“EC”) von der Leyen announced that the U.S. and EU reached an agreement in principle on a new Trans-Atlantic Data Privacy framework for...more

Spirit Legal

Data transfer to Russia and China in times of crisis

Spirit Legal on

In light of the “changed security policy situation” following Russia’s invasion of Ukraine, the Norwegian data protection regulator recently encouraged any company that exports personal data to Russia and Ukraine to review...more

Robins Kaplan LLP

Why Businesses are Busy Now Updating Compliance Around Transfers of European Data to Comply with a September 27 Deadline—And Why...

Robins Kaplan LLP on

Personal data transfers from the European Economic Area (“EEA”) to most other countries, including the United States, require companies to take prompt compliance action. The General Data Protection Regulation (“GDPR”)...more

Sunstein LLP

The European Commission Publishes Comprehensive Contractual Clauses For Use in Data Transfers from Europe

Sunstein LLP on

In June, the European Commission published the final version of a new set of standard contractual clauses (SCCs) that can be used to comply with the EU’s General Data Protection Regulation (the “GDPR”). These clauses are of...more

Neal, Gerber & Eisenberg LLP

NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler

NGE Corporate & Securities partner John Koenigsknecht recently interviewed Data Privacy & Information Governance partner David Wheeler about the new standard contractual clauses and the complex task of assessing and...more

A&O Shearman

Irish DPC gets go ahead in latest chapter of the saga of Max Schrems and Facebook

A&O Shearman on

On 14 May the Irish High Court handed down its judgment in the judicial review case brought by Facebook Ireland Ltd (FBI) against the Irish Data Protection Commission (DPC), finding substantially in favour of the DPC....more

Sheppard Mullin Richter & Hampton LLP

Bavarian DPA Holds SCCs Alone Not Enough for European Use of US Email Service

In a notable application of the European Court of Justice’s “Schrems II” decision, the data protection authority for the German state of Bavaria recently held that use by a German entity of US-based MailChimp (which use...more

Lighthouse

The Impact of Schrems II & Key Considerations for Companies Using M365: The Background

Lighthouse on

In 2016, European companies doing business in the US were able to breathe a sigh of relief. The European Commission deemed the Privacy Shield to be an adequate privacy protection. For the next half a decade, this shield, as...more

White & Case LLP

Compensating non-material damages based on Article 82 GDPR – is there a de minimis threshold?

White & Case LLP on

Germany's Federal Constitutional Court holds that the question should be referred to the European Court of Justice - Is a data subject entitled to compensation from a controller or processor if the data subject's GDPR...more

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