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EU High Court Allows GDPR Claims in Business Litigation, Expands Scope of ‘Health Data’ Impacting Life Sciences and Consumer...

The Court of Justice of the European Union (CJEU), the EU’s highest court, recently announced its significant Lindenapotheke decision, permitting companies to use the General Data Protection Regulation in business-to-business...more

GDPR: When Can Data Controllers Rely on 'Legitimate Interests' for Data Processing? New Guidelines from the EDPB

The European Data Protection Board (EDPB), the umbrella group of the EU’s data protection authorities, has issued new Guidelines 01/2024 of October 9, 2024 on the processing of personal data based on the legitimate interest...more

German Data Protection Authorities on Asset Deals: Restrictions on Data Transfers Under GDPR

The German Data Protection Conference (DSK) on September 11, 2024 published guidance on asset deals (the Guidelines) that distinguishes between various stages of a sale process and the relevant personal data that can be...more

European Health Data Space: Council of the EU and European Parliament Strike Deal on New Regulation

The lead negotiators of the Council of the EU and the European Parliament have reached an agreement on a new EU regulation for the European Health Data Space (EHDS). Once adopted, the regulation will expand individuals’...more

Ongoing Discussions on the Interplay of AI and Data Privacy

While the European Parliament and European Commission look to finalize the EU Artificial Intelligence (AI) Act, many are interested to see how its relationship with the General Data Protection Regulation (GDPR) will play out,...more

New EU Data Act: Impact On Data Flows Within And Outside The EU’s Borders

The Council of the European Union adopted the Data Act on November 27, 2023. The Data Act, together with the Data Governance Act and EU General Data Protection Regulation (GDPR), as key elements of the broader European data...more

India Enacts New Privacy Law: The Digital Personal Data Protection Act

India enacted its new privacy law—the Digital Personal Data Protection Act, 2023 (DPDP Act) on August 11. Once in effect, the DPDP Act will replace the relevant provisions of the Information Technology Act, 2000, Information...more

How to Comply with the New EU-US Data Privacy Framework

The EU-US Data Privacy Framework (DPF) became effective on July 10, and on the same day, the European Commission adopted an Adequacy Decision relating to the DPF. As a successor of the EU-US Privacy Shield, the EU-US DPF...more

EU Commission Begins Process to Adopt Adequacy Decision for EU-US Data Privacy Framework

The European Union (EU) Commission released its Draft Adequacy Decision for the EU-US Data Privacy Framework on December 13, which, in conjunction with President Biden’s executive order issued on October 7, will further...more

European Commission Releases Draft Adequacy Decision for US Personal Data Transfers

The European Commission recently released a draft adequacy decision for the European Union and United States Transatlantic Data Privacy Framework (TDPF). If the decision is finalized, data transfers between the European Union...more

Dr. Axel Spies Discusses Recent Executive Order on Safeguarding Personal Information

US President Joseph Biden issued an Executive Order On Enhancing Safeguards for United States Signals Intelligence Activities on October 7, which establishes safeguards relating to the handling of personal information in the...more

Data Privacy: Evolving Updates to the Global Landscape

World events, such as the COVID-19 pandemic, have accelerated the need for business operations to grow more digitally reliant and driven. As the global network grows and becomes more interconnected, privacy and...more

Hot Topics in Data Privacy: A Midyear Look Ahead

As the challenges to and requirements governing data protection continue to evolve, data privacy remains a hot topic on the minds of security and compliance professionals around the world. If the last few years provide any...more

Germany Updates Privacy Guidance through Unfair Competition Act

The German Conference of DPAs (the DSK) has released new (legally non-binding) detailed Guidelines dated February 18, 2022 with respect to direct marketing in Germany. ...more

UK Adequacy Decision for European Data Transfers

The European Commission has finally approved two decisions  on 28 June granting the United Kingdom the cherished status of having “adequate” data protection laws so that transfers of personal data from the European Union are...more

New European Standard Contractual Clauses Are Not ‘Set and Forget’

Importers of EU data will need to analyze each data transfer for compliance with the new Standard Contractual Clauses; solely relying on data subjects’ consents may not be sufficient. Since the European Court of Justice...more

Pending EU ePrivacy Regulation Could Bring Major Changes to Metadata Processing, Cookie Consents

The Council of the European Union (Council) released a new draft of the ePrivacy Regulation (Council doc. 5642/21) on January 5, 2021. Various versions of the ePrivacy Regulation have been under consideration in the Council...more

Schrems II Could Disrupt US Courts’ Common Ground on eDiscovery and Data Transfers from Europe - THE EDATA GUIDE TO GDPR

Schrems II may force companies obligated to produce EU personal data to the task of determining whether to comply with US discovery obligation rules that risk fines under the GDPR for illegal data transfers or to defy the US...more

The End of the US-EU Privacy Shield, but Standard Contractual Clauses Remain Valid

The Court of Justice of the European Union (ECJ) has finally issued its decision on the validity of standard contractual clauses (SCCs) in the Irish Data Protection Commissioner’s referral to the ECJ for an opinion on the...more

The CCPA Impacts Non-US Companies. Are You Prepared? - Morgan Lewis Practical Advice on Privacy: Guide to the CCPA

California is the fifth largest economy in the world. Its new laws and regulations have an impact far beyond its borders. Many Non-US companies do business in California. The California Consumer Privacy Act (CCPA), which...more

Information Security Standard Recognized for German Hospitals

The German Federal Office for Information Security (BSI) has determined the suitability of an industry-specific security standard (B3S) with which hospitals can align their IT security measures. The B3S standard was developed...more

EU Commission: US Provides Adequate Protection in Data Transfers, but Must Step Up Enforcement

The EU Commission issued its report on the third annual review of the functioning of the EU-US Privacy Shield (Privacy Shield) on October 23. The annual review and corresponding report is required of the Commission by the its...more

EU Court Rules 'Active Consent' Is Required to Use Website Cookies

A recent ruling by the Court of Justice of the European Union (CJEU) established that companies seeking to store “cookies” that are used to track online browsing behavior must obtain “active consent.” The ruling is likely to...more

Brazil Bill Implements New Provisions for International Data Transfers

The Bill’s provisions on international data transfers are most relevant to foreign companies that do business in Brazil. The Brazilian government has issued a Bill for the Protection of Personal Data (Bill) for public...more

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