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German DPA Publishes Schrems II Transfer Compliance Checklist and Suggested Modifications to SCCs

On August 24, 2020, the data protection authority of the German state of Baden-Württemberg (the “DPA”) published guidance (the “Guidance”) on international transfers of personal data following the Schrems II judgment....more

EU DPAs Announce Post-Schrems Enforcement Plans

The European Court of Justice (ECJ) issued its much-anticipated decision in the Schrems II case.  As we analyze in detail in an earlier blog post, the ECJ’s decision invalidates Privacy Shield while leaving Standard...more

Google-Style GDPR Fines for Everyone? Bavarian DPA Conducts Website Cookie Practices Sweep, Announces Fines under Consideration

As has been widely reported, in late January the French privacy supervisor CNIL fined Google €50 million for privacy violations relating to targeted marketing using Android user data. One of the core violations the CNIL...more

German DPA Announces GDPR Compliance Survey of Large Companies – Translation Provided

Following a two-year grace period, EU General Data Protection Regulation (GDPR) entered into force on May 25, 2018. For many companies, preparing for the GDPR was a multi-year project involving multiple teams and input or...more

German DPAs Issue DPIA Blacklists; Many Companies Likely to be Affected

The GDPR entered into force on May 25, 2018. One of the GDPR’s core going-forward obligations is the duty to conduct Data Protection Impact Assessments (DPIAs) over processing activities that create a “high risk” to...more

On GDPR Day, Austrian DPA issues First Binding DPIA Whitelist

The GDPR entered into force on May 25, 2018. One of the GDPR’s core going-forward obligations is the duty to conduct Data Protection Impact Assessments (DPIAs) over processing activities that create a “high risk” to...more

German DPAs Publish Model GDPR Processing Records – Translations Provided

In just under 100 days, the EU General Data Protection Regulation (GDPR) enters into force. One of the major changes the GDPR introduces is a duty for in-scope controllers and processors to maintain written records of their...more

ePrivacy Regulation Trilogue Negotiations Pushed Back to Fall 2018; Final ePrivacy Regulation May Not Be in Place until 2020

About this time last January, the European Parliament released its proposal for a new ePrivacy Regulation. The intent of the ePrivacy Regulation is to replace the current ePrivacy regime – which consists of an ePrivacy...more

Alston & Bird Publishes Five-Part Series on Germany’s GDPR Implementation Statute

Last year, Germany became the first EU member state to pass legislation implementing the EU’s General Data Protection Regulation (GDPR). For companies, national GDPR implementing legislation can be significant....more

Data Protection Litigation to Become a New Reality in Belgium

On November 16, 2017, the Belgian Senate adopted an “Act on the Establishment of the Data Protection Authority.” Following Austria, Germany, and the UK, Belgium is the fourth EU member state to pass a domestic statute...more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 5 of 5

Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR). On July 6, 2017, Germany did so by passing a statute titled the Data Protection...more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 4 of 5

Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR). On July 6, 2017, Germany did so by passing a statute titled the Data Protection...more

An English-Language Primer on Germany’s New GDPR Implementation Statute Part 2: Individual Rights, DPA Oversight and Enforcement,...

This is Part 2 of a two-part English-language overview of Germany’s recently passed new version of the Federal Data Protection Act (Bundesdatenschutzgesetz, or BDSG)—the BDSG-New, which implements the EU General Data...more

EU Releases Amendments to Model Clause and Country-Whitelisting Decisions – with Good News for Companies

Most privacy professionals are familiar with the European Court of Justice’s 2015 Schrems decision, which struck down the US-EU Safe Harbor mechanism. One lesser-discussed aspect of the ECJ’s decision related to the powers...more

German DPAs to Survey Transfers in 500 Companies – with English Translation of DPA Questionnaire

Late last week, 10 of Germany’s 17 Data Protection Authorities (DPAs) announced they are planning to send written questionnaires to approximately 500 different companies regarding international data transfers. The following...more

German DPA Publishes First Privacy Shield Guidelines, Requires German-Law Contracts for Transfers

On June 7, 2016, the European Commission adopted the US-EU Privacy Shield. Companies that self-certify under Privacy Shield with the US Department of Commerce – dubbed “Privacy Shield organizations” – are thus officially...more

German DPAs to Create Model Processing Records for GDPR Compliance

On May 25, 2018, the EU General Data Protection Regulation (GDPR) enters into force. One of the major changes the GDPR introduces is a duty for in-scope controllers and processors to maintain written records of processing...more

German DPAs Will Not Be Able to Challenge Privacy Shield This Year

Even before the ECJ’s Schrems decision invalidated Safe Harbor, the European Commission had begun working closely with US negotiators to craft what has become the U.S.-EU Privacy Shield. While EU privacy leaders have noted...more

EU-US Privacy Shield – FAQs

Today, the European Commission (“EU Commission”) formally approved a new transatlantic framework for the transfer of personal data from Europe to the United States (“U.S.”) (the “Privacy Shield”). Under the EU Commission’s...more

Cyber Alert: Global Cybersecurity Spotlight: Germany

Following nearly two years of negotiations, the European Parliament and European Council finally reached agreement on the Network and Information Security Directive (“NIS Directive”) in December 2015.1 The Directive will...more

Germany’s Christmas Present: Data-Protection Class Actions

Following the European Court of Justice’s Schrems decision invalidating the Safe Harbor mechanism, much attention has focused on how the Data Protection Authorities (DPAs) of EU member states would interpret and enforce...more

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