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The European Data Act: 5 Things Cloud Services Provider Should Know

This Essential Guide to the European Data Act is part of Orrick's Cybersecurity & Privacy Compass Series. The Cybersecurity & Privacy Compass is your global guide to the evolving cybersecurity and privacy regulatory...more

The European NIS-2 Directive: Does It Apply to You?

The European Network and Information Security 2 Directive aims to mitigate threats to network and information systems and ensure the continuity of services in the event of cybersecurity incidents. Member States must pass...more

CJEU Issues Landmark Adtech Decision on Personal Data and Joint Control with Broad Implications: What You Need to Know and Do

The Court of Justice of the European Union (CJEU) has made a landmark decision (7 March 2024, C-604/22) on the intricacies of adtech, personal data, and joint control against the background of the General Data Protection...more

China Eases Requirements for Cross-Border Data Transfers

In this Essential Guide, part of Orrick’s Cybersecurity & Privacy Compass Series, we offer insights into the Cyberspace Administration of China's (CAC) new rules and requirements for cross-border data transfers. The...more

European Data Act: Harmonised Rules on Fair Access to and Use of Data

This Essential Guide to the European Data Act is part of Orrick's Cybersecurity & Privacy Compass Series. The Cybersecurity & Privacy Compass is your global guide to the evolving cybersecurity and privacy regulatory...more

Landmark Ruling: The Court of Justice of the European Union Rejects Strict Liability in the General Data Protection Regulation

In this Essential Guide, which is part of Orrick’s Cybersecurity & Privacy Compass Series, we will provide insight into the potential fines that companies may face for violating the General Data Protection Regulation...more

5 Things to Know About Germany’s Draft Law Implementing the NIS2 Directive

The European Parliament approved the Network and Information Security 2 Directive (“NIS 2”) last year, expanding the scope of the Network and Information Security Directive (“NIS”). Now Germany has introduced the draft of the...more

The EU Data Act: Harmonized Rules on Fair Access to and Use of Data

This essential guide to the European Data Act is part of Orrick’s Cybersecurity & Privacy Compass Series. The Cybersecurity & Privacy Compass is your global guide to constant cybersecurity and privacy change. In this guide,...more

CJEU Denies a Minimum Threshold for Raising Non-Monetary GDPR Damage Claims

On 4 May 2023 the European Court of Justice ("CJEU") published its decision (case no. C-300/21) in which it ruled that not any infringement of the General Data Protection Regulation ("GDPR") triggers the right to compensation...more

European Tech Regulations: What You Need to Know

Europe is in the midst of a transformation of its regulatory strategy for digital technologies. The EU has passed or proposed a number of laws affecting digital service providers in a broad range of legal areas and sectors....more

5 Things You Need to Know About the EDPB's Cookie Report

On 18 January 2023, the European Data Protection Board ("EDPB") published a report on the work undertaken by its Cookie Banner Task Force to ensure a uniform approach regarding a number of cookie-banner-related complaints...more

6 Things to Know About the New EU-U.S. Data Privacy Framework

In early October, the United States (“U.S.”) and European Union (“EU”) came one step closer to the much-awaited new EU-US Data Privacy Framework (the “Framework”), designed to facilitate transatlantic data flows between the...more

"42", the Answer to the Number of Authorities Notified in Cross-Border Breaches – Don't Panic!

Last week, the European Data Protection Board ("EDPB") published a long-awaited update of its guidance on breach notification—which did not contain much news generally. However, it does bring a significant new burden for...more

EDPB Releases New Guidelines on the Calculation of Administrative Fines

After months of anticipation, the European Data Protection Board (EDPB) adopted new Guidelines on the calculation of administrative fines under the GDPR in May 2022. With the newly released Guidelines, the EDPB seeks to...more

Update: European Subsidiaries of U.S. Cloud Providers Can Offer IT Services in the EU

The decision of the Procurement Chamber of Baden-Württemberg was annulled by the Higher Regional Court of Karlsruhe in its legally binding decision on September 9, 2022. In contrast to the approach chosen by the Procurement...more

Volkswagen Fined 1.1 Million Euros for GDPR Violations During Test Drives

On 26 July 2022, the Lower Saxony data protection authority ("Lower Saxony DPA") announced that it has imposed a fine of 1.1 million euros on Volkswagen ("VW") due to GDPR violations. It found that VW has violated data...more

Cyber Security Incidents in Multinational Companies in the EU and the US – Effective Crisis Management in Transatlantic IT...

Schnell ist es passiert. Ein Angriff auf die IT-Infrastruktur trifft Unternehmen fast immer zur Unzeit. Hacking und andere Infiltrationen der Unternehmenssysteme können binnen kürzester Zeit erhebliche Schadensketten in Gang...more

The New European Approach to Calculating Fines for Data Protection Breaches - Will it be More Predictable and Consistent?

On May 12, 2022, the European Data Protection Board (EDPB) published its long-awaited Guidelines 04/2022 on the calculation of fines under the General Data Protection Regulation (GDPR). After many data protection authorities...more

French and Italian Data Protection Authorities Take Issue with Google Analytics: Analysis and Key Takeaways

Google Analytics remains a hot topic for businesses and apparently also for data protection authorities (DPAs). With the advent of these new decisions and the new CNIL guidance, businesses have an even harder time justifying...more

French Data Protection Authority Fines Processor for Failing to Enter into Data Processing Agreement

France’s data protection authority, the Commission Nationale de Informatique et des Libertés (“CNIL”), has issued one of its highest General Data Protection Regulation (“GDPR”) sanctions to-date against Dedalus Biologie SAS...more

The United States and European Commission Announce a New Trans-Atlantic Data Privacy Framework

The United States ("U.S.") and the European Commission ("EU Commission") recently announced an “agreement in principle” to develop a new Trans-Atlantic Data Privacy Framework (“Framework”). The Framework is intended to...more

8 Things You Need to Know About United Kingdom (UK) International Data Transfers

Update: UK international data transfer agreement and UK addendum to the EU standard contractual clauses now in force In February, the Information Commissioner’s Office (“ICO”), the United Kingdom (UK) data protection...more

French Bank Ordered to Pay Damages to Customer Following Inaccurate Personal Data Sharing Under FATCA

A “Kafkaesque” bank customer service experience in France has led to a “Right to be Forgotten” own-goal. Following a decision handed down by the judicial tribunal of Grenoble, France, on 7 February 2022, a French bank has...more

The ICO’s First Ransomware Monetary Penalty Notice: Key Takeaways

On March 10 2022, the UK Information Commissioner’s Office (ICO) handed down its first Monetary Penalty Notice in respect of a ransomware attack and data exfiltration incident under the UK General Data Protection Regulation...more

The Austrian Data Protection Authority Ground-breaking Google Analytics Decision: Analysis and Key Takeaways

The Austrian data protection authority (Österreichische Datenschutzbehörde; Austrian DPA) recently ruled that the use of Google Analytics violated Chapter V (transfers of personal data to third parties) of the EU General Data...more

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