EU Data Protection Laws

News & Analysis as of

Collecting Information From Children In The EU: A Comparison of US Law, EU Law, and Soon-To-Be EU Law

In the United States there are relatively few restrictions on collecting information from children off-line. Efforts to collect information from children over the internet, however, are regulated by the Children’s Online...more

New EU Guidelines on Data Protection Officers

The EU's Article 29 Working Party has published new Guidelines on the role of Data Protection Officers under the General Data Protection Regulation. Data Protection Officers are seen as a cornerstone of data protection...more

EU Proposes Overhaul to Privacy and Electronic Communications

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...more

DSM Watch: European Commission's data package explores data ownership, localization, liability and portability, highlighting...

On January 10, 2017, the European Commission released a Communication, a fact sheet, a working document and a public consultation relating to Europe’s “data economy”. The fact sheet states that “data is a new type of...more

Global Privacy and Data Security in 2016 and 2017

In 2016, new privacy, cybersecurity and/or data security legislation passed or became effective in a number of countries, some adopting data security measures for the first time. Several countries adopted cybersecurity...more

EU Binding Corporate Rules For Transferring Data: A Comparison of US Law, EU Law, and Soon-To-Be EU Law

In the United States companies are permitted to transfer personal information – including sensitive personal information – as needed between their offices, locations, and corporate affiliates. For example there are no...more

Do You Know Where Your Data Is Located? Why Knowing is Half the Battle

Whether you realize it or not, you are probably storing some personal or business data in the cloud. The National Institute of Standards and Technology (NIST) defines cloud computing as a model for enabling ubiquitous,...more

Six Months In, Privacy Shield Is Battered But Holding: Three Notable Developments in U.S-E.U. Data Transfers

The United States has traditionally taken a libertarian approach to data privacy: “what is not forbidden is permitted.” Outside sensitive sectors such as health (HIPAA) and finance (GLBA), the United States was historically...more

Leaked Draft ePrivacy Regulation: What to Expect from the New Rules

An internal Commission draft of a new ePrivacy Regulation (Draft) has been leaked to the public. The Commission plans to propose it in early 2017, but the content of the Draft does not seem near a final proposal. It is either...more

WP29 Releases Extensive Guidance on DPO Obligations; Companies Need to Start Planning Now

Late last week, the Article 29 Working Party (“WP29”) issued detailed guidance on companies’ obligations under three key provisions of the General Data Protection Regulation (GDPR). This is part one of a three-part Alston &...more

WP29 Issues Guidance on the Right to Data Portability under the GDPR

Late last week, the Article 29 Working Party (“WP29”) issued detailed guidance on companies’ obligations under three key provisions of the General Data Protection Regulation (“GDPR”). This is part two of a three-part Alston...more

Background Screeners, DPOs and Transfers of Data from the EU to the US

Companies that transfer personal data from the European Union (“EU”) to the United States should be working toward their compliance with the EU’s General Data Protection Regulation (“GDPR”) (Regulation (EU) 2016/679) which...more

International Employers in Scope of the GDPR: Are You Ready?

The GDPR harmonizes data protection laws across the EU and updates the current 20-year-old regime to take account of globalization and the ever-changing technology landscape. It will apply not only to EU companies, but to...more

Further Challenges to EU-US Privacy Shield and EU Data Exports

The EU-US Privacy Shield, introduced earlier this year to provide a lawful means of transferring personal data from the EU to the US, is facing a second legal challenge, this time from several French privacy rights groups....more

Prepare for Compliance with General Data Protection Regulation Checklist

The Irish Data Protection Commissioner (DPC) has issued a 12-step checklist of actions companies can take now to better prepare for compliance with the General Data Protection Regulation (GDPR), the new EU privacy regulation...more

Amendment to Criminal Procedure Rule 41 Impacts Data Privacy in U.S. and Abroad

On December 1, 2016, amended Rule 41 of the Federal Rules of Criminal Procedure (FRCP) went into effect, thus expanding federal law enforcement’s power to search and seize electronic data. The new rule will allow law...more

Data Without Borders: Hogan Lovells Winnik Forum Addresses International Considerations for the Growth and Development of a...

The Internet of Things (“IoT”) connects markets and supply chains around the world. Industry, governments and consumers around the world are embracing IoT technologies to improve research and public policy, to accelerate...more

Data Protection Officer and IT Manager – Two Jobs That Do Not Match

Companies required to appoint a data protection officer (“DPO” ) in Europe should carefully consider which candidate is best to select for the job. A company established in Bavaria, Germany, was recently fined by the Bavarian...more

The Cyber President? What To Expect From the Trump Administration On Cybersecurity And Privacy

Even president-elect Donald Trump has been the victim of a data breach. Several times actually. The payment card system for his Trump Hotel Collection was infected by malware in May 2014 and 70,000 credit card numbers were...more

How cybersecure are you?

Cybersecurity has soared to the very top of mind for many businesses, and DLA Piper is actively exploring the implications of this fast-moving area. The materials from three of our recent webinars looking at key aspects of...more

In the Wake of Schrems: EU White List of Adequate Nations and Standard Contractual Clauses Under Review

Early last month, the European Commission tabled proposed amendments to its existing decisions on the adequacy of third countries’ data protection laws, and to its decisions on the EU standard contractual clauses....more

UK to implement GDPR regardless of Brexit

The UK government has confirmed that it will implement the EU General Data Protection Regulation, notwithstanding the UK's decision to leave the EU. This announcement confirms that UK businesses will need to become GDPR...more

WhatsApp-Facebook Data Sharing Attracts Scrutiny from EU Privacy Authorities

European Data Protection Authorities (DPAs) recently launched investigations into WhatsApp’s sharing of user data with Facebook. (Facebook owns WhatsApp.) DPAs ordered WhatsApp to stop sharing the data pending the...more

German Data Protection Authorities announce coordinated audit of international data transfers of 500 companies

According to a press release of the Bavarian Data Protection Authority dated 3 November 2016 (“Press Release”), 10 German Data Protection Authorities (“DPAs”) have commenced a coordinated written audit and assessment of...more

Irish Data Protection Commissioner Welcomes Increases in Budget in Preparation for the GDPR Enforcement

As the companies doing business in Europe are trying to get their arms around the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679), but so far not making substantial headway, the European Data Protection...more

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