Exactly one year from now, on September 12, 2025, the EU Data Act will enter into application. This new regulation provides harmonized rules on data access, switching cloud providers, and interoperability requirements across...more
9/13/2024
/ Compliance ,
Compliance Dates ,
Data Processors ,
Data Protection ,
Data Security ,
Data Subject Access Requests ,
Enforcement ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
International Harmonization
On 22 December 2023, the EU published Regulation (EU) 2023/2854, the Data Act, in the Official Journal of the EU. The Data Act is a new regulation providing harmonised rules on access to data, switching cloud providers and...more
1/25/2024
/ B2B Organizations ,
Cloud Computing ,
Connected Items ,
Data Controller ,
Data Protection ,
Data Subject Access Requests ,
Digital Single Market ,
EU ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
International Harmonization ,
New Regulations ,
Personal Data ,
Small and Medium-Sized Enterprises (SMEs) ,
Technology Sector ,
Third-Party
On November 27, 2023, the Council of the European Union adopted the EU Data Act, a new regulation providing harmonized rules on access to data, switching cloud providers and interoperability requirements across the EU. The...more
On July 10, 2023, the European Commission adopted an adequacy decision for the new EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the successor to the EU-U.S. Privacy Shield, which the Court of Justice of the European Union...more
7/19/2023
/ Certification Requirements ,
Compliance ,
Compliance Monitoring ,
Department of Transportation (DOT) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Framework Agreement ,
International Data Transfers ,
Privacy Framework ,
UK
On July 10, 2023, the European Commission adopted its long-awaited adequacy decision for the EU-U.S. Data Privacy Framework (“Adequacy Decision”). This ends a three-year journey to set up a successor to the EU-U.S. Privacy...more
7/12/2023
/ Adequacy Requirement ,
Court of Justice of the European Union (CJEU) ,
Department of Justice (DOJ) ,
EU ,
EU-US Privacy Shield ,
European Commission ,
Executive Orders ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Iceland ,
International Data Transfers ,
Liechtenstein ,
Member State ,
Norway ,
Personal Data ,
U.S. Commerce Department
On December 13, 2022, the European Commission initiated the process to adopt an adequacy decision for the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). The draft adequacy decision follows President Biden’s October Executive...more
On October 7, 2022, President Biden signed an Executive Order (“EO”) implementing the new trans-Atlantic EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). The EU-U.S. DPF, previously announced by President Biden and the...more
10/10/2022
/ Biden Administration ,
Binding Corporate Rules ,
Civil Liberties ,
Court of Justice of the European Union (CJEU) ,
Data Privacy ,
EU ,
EU-US Privacy Shield ,
Executive Orders ,
Foreign Intellgence ,
International Data Transfers ,
National Intelligence Agencies ,
Personal Data ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
Surveillance ,
UK
On March 25, 2022, US President Joe Biden and European Commission President Ursula von der Leyen made the long-awaited announcement that the United States and the European Union have agreed, in principle, to the...more
French regulators have held that the use of Google Analytics violates the GDPR, a decision that likely has broad implications for web analytics companies and website operators.
On February 10, 2022, the French Data...more
2/16/2022
/ Analytics ,
CNIL ,
Corporate Counsel ,
Data Protection Authority ,
Facebook ,
FISA ,
France ,
General Data Protection Regulation (GDPR) ,
Google ,
International Data Transfers ,
Schrems I & Schrems II
Businesses that transfer personal data to and from the United Kingdom will soon have clarity regarding transfers from the UK to recipients outside the EU/EEA.
On February 2, 2022, the United Kingdom Secretary of State...more
On June 4th, 2021, the European Commission adopted and published a new set of so-called standard contractual clauses (“SCCs”) providing a legal basis for international transfers of personal data from the EU/EEA to third...more
6/7/2021
/ EU ,
EU-US Privacy Shield ,
European Commission ,
European Court of Justice (ECJ) ,
European Economic Area (EEA) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
UK
On November 11, 2020, the European Data Protection Board (“EDPB”) released two documents as a follow-up to the Court of Justice of the European Union’s (“CJEU”) notable July 2020 decision, known as Schrems II. These documents...more
On 16 July 2020, the Court of Justice of the European Union (CJEU) issued a judgment in Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (Case C-311/18, “Schrems II”) ruling that the Privacy Shield...more
The European Court of Justice (the “Court”) issued the long-awaited “Schrems II” decision. (see Facebook Ireland Ltd. v. Maximillian Schrems).
In its decision, the Court (1) struck down the Privacy Shield program that...more
Throughout the world, the coronavirus pandemic is creating enormous challenges. While data protection is not the main concern, the European Data Protection Authorities (DPAs) made it clear that the European General Data...more
The European Data protection Board (“EDPB”), which is composed of representatives of the national data protection authorities, and the European Data Protection Supervisor, adopted its report on the second annual review of the...more
2/4/2019
/ Court of Justice of the European Union (CJEU) ,
Data Protection Authority ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
Information Reports ,
International Data Transfers ,
National Security ,
Personal Data ,
Surveillance ,
Transparency ,
US-EU Safe Harbor Framework
On January 23, 2018, the European Commission (“EC”) adopted its adequacy decision on Japan. Japan issued an equivalent decision regarding data transfers from Japan to the European Union on the same day. This means that...more
This is the inaugural issue of WilmerHale’s 8-in-8 Recent Trends in European Law and Policy Alert Series. Over the next eight weeks, our attorneys will share insights on current and emerging issues affecting companies doing...more
5/31/2018
/ Cybersecurity ,
Data Controller ,
Data Processors ,
Data Protection ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Multinationals ,
Personal Data ,
Popular
This is the inaugural issue of WilmerHale's 8-in-8 Recent Trends in European Law and Policy Alert Series. Over the next eight weeks, our attorneys will share insights on current and emerging issues affecting companies doing...more
On December 6, 2017, the European Union’s Article 29 Working Party released two sets of guidelines on Binding Corporate Rules (“BCRs”) it had adopted a week earlier. BCRs are internal rules that define a group of companies’...more
On October 18, the Article 29 Working Party released its draft of “ Guidelines on Automated individual decision-making and Profiling for the Purpose of Regulation 2016/679” (“Guidelines on Automated individual decision-making...more
On October 18, 2017, the EU Commission (“Commission”) published its report and other working documents (“Report”) on its first annual review of the EU-US Privacy Shield Framework (“Privacy Shield”). The Report summarizes that...more
The UK government has taken an additional step in its attempts to find a way to ensure uninterrupted data flows between the UK and the EU after Brexit. On 13 September 2017, the UK government introduced a draft Data...more
The EU’s Article 29 Working Party (WP29) held a plenary meeting in early December 2016. At the meeting, the WP29 adopted guidelines and issued FAQs relating to the EU General Data Protection Regulation’s (GDPR’s) provisions...more
As we wait for the UK to decide what arrangement it will seek with the European Union (the "EU") when it leaves, it may be useful to focus on what Brexit may mean for data protection.
Two months after the European...more