News & Analysis as of

European Commission EU Data Protection Laws

EU regulators welcome stricter rules on cookies and direct marketing

by White & Case LLP on

The European Commission has published a draft Regulation regarding cookies and electronic direct marketing. EU regulators have publicly welcomed the proposal, which has potentially significant consequences for all businesses...more

Deeper Dive: Security Incident Notification Under the New EU General Data Protection Regulation (GDPR)

by BakerHostetler on

As noted in the 2017 BakerHostetler Data Security Incident Response Report, the enactment of the EU General Data Protection Regulation (GDPR) represents the most significant change in European data protection law in more than...more

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

by Hogan Lovells on

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

"Big Data an Ongoing Concern for EU Competition Law"

The question of how "big data" should be treated in merger control and antitrust enforcement was a key issue for the European Commission and national regulators in European Union member states in 2016, with competition...more

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

by Hogan Lovells on

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

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

by Latham & Watkins LLP on

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

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

by White & Case LLP on

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

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

by Reed Smith on

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

by White & Case LLP on

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

ICO Responds to the ePrivacy Directive Consultation

by Reed Smith on

In April, we reported that the European Commission had opened a public consultation seeking the views of various stakeholders on the current wording of, and possible changes to, the Privacy and Electronic Communications...more

EU-US Privacy Shield Framework Formally Adopted

by Goodwin on

On July 12, 2016, the European Commission formally adopted the Privacy Shield, a new transatlantic framework for the transfer of personal data from the European Union (EU) and certain countries of the European Economic Area...more

The implications of Brexit on the entertainment and media industry

by Reed Smith on

While the United Kingdom will not leave the European Union overnight, it is important to consider what the result of the Brexit referendum means to the entertainment and media industry. What are the challenges? How do we...more

European Union Member States Vote In Support Of The Privacy Shield

by King & Spalding on

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

Draft Privacy Guidelines for Mobile Health App Developers Published

by Reed Smith on

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

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

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

The European Cloud Initiative: Will Data Protection Requirements Cause Stormy Weather?

by Reed Smith on

The European Commission (EC) recently proposed the European Cloud Initiative (ECI): a plan to create a world-class data infrastructure to store, manage, transport and process data at high speeds. The primary aims are to...more

Data transfers in limbo – U.S. companies face fines by German data protection authorities

by Orrick - Trust Anchor on

While EU regulators determine whether to adopt a new agreement for transfers of personal data from Europe to the United States to replace the invalid EU-U.S. Safe Harbor Framework, German data protection authorities have not...more

European Commission Launches Public Consultation on Revision of ePrivacy Directive

by Reed Smith on

Pursuant to its Digital Single Market strategy and adoption of the General Data Protection Regulation (GDPR), the European Commission (EC) has launched a public consultation on the revision of Directive 2002/58/EC, better...more

Privacy Shield Released - How Employers Can Take Advantage of the New European Data Transfer Framework

by Bryan Cave on

Background - The EU Data Protection Directive 95/46/EC (the “Directive”) creates the legal framework for national data-protection laws in each EU member state. The Directive states that personal data may only be...more

Passage of the U.S. Redress Act Raises Confidence in Privacy Protection for Transatlantic Data Flows

by Reed Smith on

The U.S. Judicial Redress Act has been signed into law by President Obama. The move marks an important step in data transfer relations between the EU and the United States, gives the green light to the EU-U.S. law enforcement...more

One Step Closer: Draft Text of EU-U.S. Privacy Shield Released March 1, 2016

The U.S. and EU are one step closer to implementing the new EU-U.S. Privacy Shield. On March 1, 2016, the European Commission and U.S. Department of Commerce announced the release of the legal texts that will put in place...more

Article: Safe Harbor No More: Navigating Unchartered Waters After the European Court of Justice Ruled the European Commission’s...

Not surprisingly, different governments and regulatory bodies have different views on how to strike the right balance as to the protection of the individual’s right to privacy (especially personal data), the facilitation of...more

Political Agreement Reached on US-EU Safe Harbor; Details “Hazy”

According to press reports, European Union and U.S. negotiators in Brussels finalized what is being called a “political agreement” on a new Safe Harbor transatlantic data transfer agreement. European Union justice...more

How to Use the EU Model Clauses

by Bryan Cave on

The EU Commission has created model contracts for data transfers (the “Model Contracts”) and determined that organizations which use the Model Contracts offer sufficient safeguards for cross-border data transfer as required...more

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