EU Data Protection Laws

News & Analysis as of

European Parliament Passes Landmark Data Protection Regulation

On April 14, 2016, the European Parliament passed the General Data Protection Regulation (GDPR) and its companion, Data Protection Directive for Police and Criminal Justice Authorities. The GDPR is a comprehensive regulation...more

The 2016 EU Data Protection Legislation

In April 2016, the European Union adopted new legislation on data protection. The part relevant to private enterprises (EU Regulation 2016/679) is known as the General Data Protection Regulation or “GDPR.” The GDPR is subject...more

First EU-wide cybersecurity regime set to enter force in August 2016 after final approval by European Parliament

The European Parliament gave final approval to the Network and Information Security Directive (“Directive”), the first-ever EU-wide cybersecurity standards, on July 6, 2016. The Directive seeks to improve the cybersecurity...more

5 Useful Resources on the New EU General Data Protection Regulation (GDPR)

Data privacy lawyers and officers around the world are working to assess the implications of and implement (before May 25, 2018) the requirements contained within the recently passed General Data Protection Regulation (GDPR)....more

CJEU Attorney General Opinion Seeks to Restrict the Interpretation of ‘Establishment’

In June, the Attorney General (“AG”) of the Court of Justice of the European Union (“CJEU”) issued his opinion (English translation pending) in the case of Verein für Konsumenteninformation v Amazon EU Sàrl (Case C-191/15)....more

European Union Member States Vote In Support Of The Privacy Shield

On July 8, 2016, the European Union (“EU”) member states voted in support of the Privacy Shield through the Article 31 Committee, which is composed of representatives of the 28 member states. The Privacy Shield would replace...more

EU-US Privacy Shield approved

The EU-US Privacy Shield has now been formally approved, providing a new mechanism for transferring personal data from the EU to the US, and reducing the legal uncertainty international businesses have been facing – at least...more

Draft Privacy Guidelines for Mobile Health App Developers Published

Mobile health or ‘mHealth’ applications commonly raise complex privacy issues as a result of processing large amounts of sensitive personal data. Following the publication of its Green Paper on the topic in 2014, the European...more

"Privacy & Cybersecurity Update - June 2016"

In this edition of our Privacy & Cybersecurity Update, we examine the impact of Brexit on EU data protection, court rulings on cyber insurance policy exclusions and coverage gaps, recent statements from the FTC and the...more

"Insights: Brexit"

On June 23, the UK electorate took the historic decision to leave the European Union, a process that has never been undertaken by any member state. While the vote itself does not trigger the process of exit from a legal...more

Brexit: Potential Implications for Privacy

As a result of the June 23, 2016 historic referendum, the United Kingdom will be leaving the EU. The decision will have a profound effect on many areas, including the global economy, trade, immigration and, potentially, the...more

New Data Protection Obligations In Europe: Data Protection Officers and Impact Assessment under the New General Data Protection...

The full text of the General Data Protection Regulation (GDPR) was published on 4 May 2016. Although the GDPR will not be effective until 25 May 2018, it is worth looking into it right now given the major changes it makes to...more

Are Dynamic IP Addresses Personal Data? A Primer

Last month, one of the Advocate Generals (“AG”) of the Court of Justice of the European Union (“CJEU”), Manuel Campos Sánchez-Bordona, issued an opinion suggesting that dynamic IP addresses should be recognized as “personal...more

EU Privacy Shield Status Update

While it’s making few headlines, the European Commission is still working to finalize Privacy Shield, and it’s even possible that Privacy Shield will pass a key hurdle by the end of this month. The Commission is still...more

EU-US Data Transfers?: An update on actions taken by European DPAs

After the European Court of Justice invalidated Safe Harbor on October 6, ?2015, the Article 29 Working Party announced in an October 16, 2015 statement that US companies that were Safe Harbor certified had until the end of...more

European General Data Protection Regulation to Apply from May 2018

In Depth - On 4 May 2016, the General Data Protection Regulation (GDPR), was published in the Official Journal of the European Union (L 119/1). It will apply from 25 May 2018, at which point it replaces the current legal...more

New threats to transatlantic data flows as Model Clauses come under fire

The transfer of personal data from the EU to the US is continuing to come under attack in the EU, with Model Clauses now in the regulatory crosshairs. Consequently, organisations that do business on both sides of the Atlantic...more

Data Transfer Without Safe Harbors

European privacy law is a bold new world for U.S. businesses doing business in Europe. An October Court of Justice ruling struck down the Safe Harbor arrangement which had governed E.U.-U.S. data transfer transactions for...more

Innocents Abroad: Lost laptop with customer data

Carrie, A couple of weeks ago, you wrote me about an employee who will be engaging in a six-month temporary assignment around Europe to scope market opportunities. The employee was Abbie Absent-Minded. Well, we hit a...more

Strict and far-reaching new EU data protection regime comes into force

The EU General Data Protection Regulation ("GDPR") is now in force, and the clock is officially ticking for businesses to bring their operations into line with its sweeping changes. On 4 May 2016, after more than four...more

The End of the “Safe Harbor” Rule for E.U./U.S. Data Transfer: How Can Companies Transfer Personal Data and Remain Compliant?

Directive 95/46/EC of 24 October 1995 - Articles 25 and 26 - The transfer of personal data to a third country is allowed: ..if the third country ensures an adequate level of protection; the Commission can...more

European Parliament: EU-U.S. Privacy Shield Needs Further Improvement

Earlier today, the European Parliament passed a non-legislative resolution saying the EU Commission should go back to negotiating with the United States to remedy “deficiencies” in the proposed EU-U.S. Privacy Shield for EU...more

EU Council adopts cybersecurity directive – new rules on security requirements and incident reporting

Background - On 17 May, 2016 the Council of the European Union, which comprises representatives of the Member States’ national governments, formally adopted the Network and Information Security Directive (“Directive“). ...more

Europe Counts Down to the General Data Protection Regulation

Businesses have two years to comply with Europe’s new privacy regime. On 24 May 2016, after more than four years of debate, the General Data Protection Regulation (GDPR, or the Regulation) enters into force. The GDPR...more

Europe Is Shifting, And It’s a Big Deal – The New GDPR

The clock is now ticking. On May 4th the European Parliament published the final text of the General Data Protection Regulation (“GDPR”), and the rules of the game have significantly changed – at least in the context of EU...more

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