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NIS2: Where do European Countries Stand on Implementing Cybersecurity Strategies?

Country Status Legislation* Commentary Austria Available here Austria has submitted the “Network and Information Security Act” for Parliament’s consideration. It is anticipated that the “Network and Information Security Act”...more

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 EU Cyber Resilience Act: 6 Things You Need To Know

The European Cyber Resilience Act (CRA) will lead to the development and implementation of common cybersecurity standards for products with a “digital element” in the European Union. Whilst the newly adopted and updated...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

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

The EU Cyber Resilience Act: Five Things You Need To Know

In September 2022, the EU Commission introduced a proposed regulation designed to regulate products in the EU market with a “digital element”. Whilst the newly adopted and updated Network Information Security Directive (NIS...more

France Cybersecurity Update: Cyber-Attacks Must Be Reported to Authorities Within 72-Hours to Benefit from Insurance Coverage

From 24 April, 2023, victims of cyber-attacks (as defined by the Criminal Code in italic text below) will have 72 hours to file a complaint with “competent authorities” if they want to obtain reimbursement under their...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

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

The French Law on Connected Devices Parental Control System is Now Applicable

Version Française: La loi relative aux dispositifs de contrôle parental sur les appareils connectés est désormais applicable. This Law n°2022-300 of March 2, 2022 provides for new obligations in order to strengthen parental...more

EU Proposes Legislation Targeting Online Child Sexual Abuse Material - The new regulation would apply alongside the Digital...

On 11 May, 2022, the European Commission announced a proposed regulation aimed at combating and preventing the sexual abuse of children online (the Regulation of the European Parliament and of the Council laying down rules to...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

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

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

French Government Considering a Draft Law Imposing New Cybersecurity Transparency Obligations for Platforms

What You Need to Know The draft law would impose transparency obligations relating to cybersecurity. It is still being discussed and adjusted, but it could potentially come into effect in 2023. “Large-scale” online platforms...more

The Curious Incident of the Transparency and Consent Framework: Does IAB Europe's ad-consent popup system have a future?

On 2 February 2022 the Belgian Data Protection Authority ("Belgian DPA") ruled that IAB Europe's Transparency and Consent Framework ("TCF") does not comply with the GDPR and fined IAB Europe €250,000. While the sanctions...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

2021 Roundup: Global Artificial Intelligence, Cybersecurity & Privacy Developments

Significant developments in artificial intelligence, cybersecurity and consumer privacy occurred across the globe in 2021 with the anticipation of more activity in 2022. Our roundup for the year captures some of the major...more

6 Key Things to Know about the new EDPB Guidance on International Data Transfers

On November 19, 2021, the European Data Protection Board (“EDPB”) issued draft guidance on the interplay between Article 3 of the General Data Protection Regulation (“GDPR”) and the provisions on international transfers...more

Whether You Like it or Not, Cookies are Back on the Menu and UK and EU Data Protection Authorities are Taking Enforcement Action

The French data protection authority, La Commission nationale de l’informatique et des libertés ("CNIL"), one of Europe's ("EU") most active data protection regulators, has continued to focus on the lawfulness of the use of...more

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