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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

The EU AI Act Is Coming – With Numerous Legal Consequences

The EU AI Act was adopted by the Council of the European Union on May 21, 2024. It will be officially published in the EU Official Journal during the second half of July and likely to come into force by August this year,...more

European Court Ruling Impacts Digital Advertising Practices

The European Court of Justice (CJEU) recently issued a significant final decision affecting the online advertising industry, particularly concerning the Transparency and Consent Framework (TCF) developed by the Interactive...more

EU’s Highest Court Expands EU GDPR Restrictions on Automated Decision-Making, Profiling, and AI

A recent decision by the Court of Justice of the European Union will extend the EU General Data Protection Regulation’s automated decision-making restrictions to many present and future use cases of such technologies. While...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

EU-US Data Transfers: New Executive Order Enhances Protections, But Will It Suffice?

US President Joseph Biden signed the long-anticipated Executive Order on Enhancing Safeguard for United States Signals Intelligence Activities (EO) on October 7, 2022, providing enhanced protections in an effort to restore...more

Switzerland Publishes Adequacy List of Countries Receiving Personal Data Transfers

The Swiss government has drafted a proposed list of countries that are approved to receive personal data transfers out of Switzerland. Japan and South Korea are excluded from the current and proposed lists, requiring...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

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

COVID-19 in Germany: Federal Data Protection Commissioner Supports Voluntary Data App

Germany debates whether apps related to the coronavirus (COVID-19) pandemic would be useful, what they should cover, and what the ramifications would be under applicable data protection laws. ...more

Coronavirus v. GDPR: Suspending Data Privacy Protection During Civil Crisis - The eData Guide To GDPR

The EU General Data Protection Regulation allows the temporary suspension of some data-protection rights in times of crisis, such as the outbreak of the 2019 Novel Coronavirus. This installment of The eData Guide to GDPR...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 Decision Introduces New Protection Framework on EU–Japan Data Transfers

The European Union (EU) has adopted an adequacy framework for the transfer of personal data between Japan and the European Union. This framework is a mutual arrangement that applies to both sides as of January 23, 2019....more

European Data Protection Board Provides Guidance for GDPR Compliance on Consents

Based on the flood of updated privacy policies that have inundated email boxes throughout the world, it is clear that the European Union's General Data Protection Regulation (GDPR) is now in full effect. The EU's new European...more

Germany Enacts GDPR Implementation Law

Germany’s EU Data Protection Adaptation and Implementation Act addresses issues left open by the General Data Protection Regulation and implements the EU Directive 2016/680 on Data Protection for the Prevention and...more

Government Requests for Data: CLOUD Act Attempts to Provide Guidance

On March 23, US President Donald Trump signed the omnibus spending bill, a portion of which contained the Clarifying Lawful Overseas Use of Data Act (CLOUD Act). The CLOUD Act’s main goal is to offer guidance to providers of...more

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