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EU’s Highest Court Issues Major AI Decision With Wide-Reaching Impact

On 7 December 2023, the Court of Justice of the European Union (CJEU) issued an important decision on how the GDPR governs AI-assisted decisions. The case arose in the financial services context, with the court holding that...more

European Commission Publishes Long-Awaited New Standard Contractual Clauses

Today, the European Commission published finalized versions of new Standard Contractual Clauses (SCCs). The Commission has published two sets of clauses....more

The GDPR Reaches the US Supreme Court in Cert Petition

The EU’s General Data Protection Regulation (GDPR) has been raised in a petition for certiorari before the US Supreme Court, apparently for the first time since the GDPR entered into application in 2018. A party in Vesuvius...more

FashionID: Another Big ECJ Facebook Case with Implications for the Entire Ad-Supported Internet

On July 29, 2019, the European Court of Justice (“ECJ”) issued its decision in the case of FashionID GmbH & Co. KG v. Verbraucherzentrale NRW.  The ECJ found that websites that integrate Facebook plugins are jointly...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

100 Days Until GDPR Effective Date – Sharing Our GDPR Experience

In less than 100 days, the General Data Protection Regulation (GDPR) will go into effect. This means that as of May 25, 2018, each national Supervisory Authority will have the authority to apply and enforce the GDPR....more

ECJ Rules against Schrems Class Action, Sets Up Jurisdictional Questions for GDPR Class Actions

In late 2015, the European Court of Justice (ECJ) issued its initial Schrems decision, invalidating the EU/US Safe Harbor and leading to important developments in the rules for transferring personal data from the EU to the...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 GDPR Implementation Statute: Part 3 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

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 1 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

Spanish Ministry of Justice Launches Public Consultation on GDPR

On February 7, 2017, the Spanish Ministry of Justice launched a public consultation as a preliminary step before the drafting of a new bill implementing the General Data Protection Regulation (“GDPR”). The press release...more

WP29 Releases Extensive Guidance on DPO Obligations; Companies Need to Start Planning Now

Late last week, the Article 29 Working Party (“WP29”) issued detailed guidance on companies’ obligations under three key provisions of the General Data Protection Regulation (GDPR). This is part one of a three-part Alston &...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 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

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

GDPR Published Today, Commencing Two-Year Countdown to Application

One of the most important EU legislative initiatives in recent years, and a landmark in privacy regulation worldwide, the GDPR is set to replace the Data Protection Directive (95/46/EC) of 1995. After the Council of...more

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