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The European Commission publishes its proposal on the European Health Data Space (EHDS)

On May 3, 2022, the European Commission published a proposal for a Regulation on the European Health Data Space (EHDS) (“EHDS Regulation”, or “Proposal”). With the Proposal, the European Commission aims to make significant...more

US and EU Officials Agree to New Trans-Atlantic Data Privacy Framework

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

A First Look at the European Commission’s Proposal for a Draft Data Act

The European Commission has presented its draft Data Act, which will affect a broad range of companies and heavily emphasizes data accessibility and fairness. Companies should begin to evaluate their current practices and...more

The French Data Protection Authority Joins the Austrian Data Protection Authority in Ruling that the Use of Google Analytics...

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

International Data Transfers under the UK GDPR: International Data Transfer Agreement and Addendum laid before Parliament

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

Belgian Data Protection Authority Rules IAB Cookie Consent Framework Violates the GDPR

Last week, the Belgian Data Protection Authority ruled that the IAB’s cookie consent framework violated the GDPR. This decision has tremendous potential implications on the ad tech industry, as both publishers and advertisers...more

European Commission adopts and publishes new Standard Contractual Clauses for international transfers of personal data

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

EDPB Releases Recommendations for Supplementary Measures for Transfers of Personal Data to Recipients Outside the European Union

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

European Court of Justice Rules US Privacy Shield Invalid

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

EU High Court Strikes Down Privacy Shield, Standard Contractual Clauses Remain in Place

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

GDPR in Times of Pandemic

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

European Data Protection in Times of Pandemic

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

Europe's Plan to Regulate AI

On February 19, 2020, the European Commission (“EC”) published a series of documents outlining its vision for Europe’s digital future. Amongst these, the EC’s White Paper on Artificial Intelligence: A European approach to...more

The European Data Protection Board Unveils Its Work Program Until 2020

The European Data protection Board (“EDPB”), which is composed of representatives of the national data protection authorities and the European Data Protection Supervisor, unveiled a two-year work program on February 12, 2019....more

The Legal Basis for Processing Personal Data in the Context of Clinical Trials in the EU: The European Data Protection Board...

On January 23, 2019, the European Data Protection Board (“EDPB”), which is composed of representatives of the national data protection authorities and the European Data Protection Supervisor, adopted an Advisory Opinion...more

Data Protection Rules Could Seriously Impede Clinical Trials in Europe

The European Data protection Board (“EDPB”), which is composed of representatives of the national data protection authorities and the European Data Protection Supervisor, recently adopted an Advisory Opinion (“Opinion”) on...more

The European Data Protection Board’s Second Report on the EU-U.S. Privacy Shield

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

The European Commission Adopts Adequacy Decision on Japan

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

The European Commission Launches a Public Consultation on Connected and Automated Vehicles

On October 24, 2018, the European Commission (“EC”) opened a Public Consultation on a Recommendation that will identify the main challenges linked to the deployment of connected and automated vehicles. Stakeholders, including...more

8-in-8 Recent Trends in European Law and Policy Alert Series Update: Competition and Big Data - Recent Developments in Europe

This is the seventh issue of WilmerHale's 8-in-8 Recent Trends in European Law and Policy Alert Series. Our attorneys will share insights on current and emerging issues affecting companies doing business in Europe and across...more

8-in-8 Recent Trends in European Law and Policy Alert Series: The EU's Data Protection Regulatory Big Bang - The GDPR Comes Into...

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

The EU’s Data Protection Regulatory Big Bang: The GDPR Comes Into Force

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

The Article 29 Working Party Releases Guidelines on BCRs Under The GDPR

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

The UK Data Protection Authority Clarifies the Status of the BCRs It Approves

Brexit raises critical issues regarding the future transfer of personal data outside of the EU, not least as to the role of the UK Data Protection Authority, the Information Commissioner’s Office (“ICO”), and as to its...more

The Article 29 Working Party Releases Draft Guidelines on the Application and Setting of Administrative Fines

One of the key components of the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) is its stronger enforcement mechanisms. Administrative fines are one of the most powerful parts of the enforcement...more

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