Right of erasure (or “right to be forgotten”) has been selected by the European Data Protection Board as its priority enforcement topic for 2025. This work is being done under the “Coordinated Enforcement Framework” or “CEF.”...more
Following a German case brought against the EU Commission, the EU General Court found that the Commission had made an improper transfer of personal information to the US. The plaintiff, a German citizen, alleged (among other...more
At the end of 2024 the Italian Data Protection Authority issued a 15 million euro fine in the first generative AI-related case brought under GDPR. According to Garante (the Italian authority), OpenAI trained ChatGPT with...more
1/29/2025
/ Artificial Intelligence ,
Bots ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Enforcement Actions ,
EU ,
General Data Protection Regulation (GDPR) ,
Italy ,
Personal Data ,
Privacy Laws ,
Regulatory Requirements
It is hard to believe that another year is upon us! As we have done in years past (including 2023, 2022, 2021, 2020, 2019 and 2018), we have created a comprehensive resource of all our www.eyeonprivacy.com posts from 2024. As...more
1/22/2025
/ Artificial Intelligence ,
Biometric Information ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
EU ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Online Safety for Children ,
Privacy Laws ,
Regulatory Agenda ,
Risk Management ,
Social Media ,
State Privacy Laws ,
Technology Sector ,
UK
The European Data Protection Board issued draft guidelines last month that outline when processing can be considered done for “legitimate interest.” The public has until November 20 to provide comments to the draft....more
The EDPB released guidance last month to help companies understand their obligations when using newer tracking tools. These include pixels, URL tracking, IP-tracking, and the like. First, some background: an EU law that...more
11/1/2024
/ Accessibility Rules ,
Data Collection ,
Data Privacy ,
Data Protection ,
e-Privacy Directive ,
Electronically Stored Information ,
EU ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
Internet of Things ,
New Guidance ,
Privacy Laws ,
Technology ,
Tracking Systems
As we enter the end of the summer, the AI regulatory steam is not slowing down. Colorado is now the first US state to have a comprehensive AI law (going into effect February 1, 2026), and the EU published its sweeping AI law...more
8/14/2024
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Colorado ,
Computer Programmers ,
Enforcement ,
EU ,
General Data Protection Regulation (GDPR) ,
Innovative Technology ,
Machine Learning ,
New Legislation ,
Non-Discrimination Rules ,
Popular ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management ,
Software Developers
This month the EDPB shed light on the question of lead supervisory authorities. The issue arose in response to a question late last month from the French supervisory authority. Some background. As most international...more
As more and more states enact laws that mirror aspects of GDPR, and as companies begin to get used to the EU’s new standard contractual clauses, now may be a good opportunity for a refresh on data sharing agreements. As most...more
The European Council recently approved a final version of the EU Data Act. The Act applies to manufacturers of connected devices. Among other things, it gives consumers certain rights about the information those devices...more
The French Data Protection Authority announced a €600,000 fine against Groupe Canal+ over concerns with the media company’s direct marketing activities. According to the CNIL, the company sent users email marketing without...more
11/28/2023
/ CNIL ,
Data Breach ,
Data Protection ,
Data Security ,
EU ,
France ,
General Data Protection Regulation (GDPR) ,
Marketing ,
Personal Data ,
Privacy Laws ,
Regulatory Violations
The EU Commission adopted today an adequacy decision for the EU-US Data Privacy Framework. As we indicated last month, this has been an area closely watched by those transferring data from the EU to the US. The issue has been...more
As those in the privacy world await the outcome of the EU-US privacy framework negotiations, the EDPB was in the news recently for a different mechanism for data transfers: Binding Corporate Rules. Namely, it adopted...more
The UK’s new Code of Practice for App Store Operators and App Developers provides companies with privacy-related resources. It also highlights ICO privacy expectations. Participating in the code is done by voluntarily...more
The French Data Protection Authority capped off 2022 by terminating an investigation into Lusha Systems, Inc.’s compliance with GDPR. CNIL concluded that the law did not apply to the US company’s activities...more
Companies transferring personal data out of the EU or UK are reminded of key deadlines approaching for the contracts that govern these transfers. When the European Commission adopted the new Standard Contractual Clauses...more
As we pass the half-way mark of 2022, many are reflecting on their privacy compliance progress. One area that seems to be a constant battle is training. How much is needed? What kind of training? What are expectations from...more
Dark patterns have been a recent regulatory focus. The FTC issued an enforcement policy late last year, and the European Data Protection Board followed suit with guidelines this spring. The two have slightly different takes...more
The Belgian Data Protection Authority (APD) recently released a draft decision imposing a €250,000 fine ($285,000) on the provider of a consent mechanism that operates within a real-time ad bidding program. The ad bidding...more
Following a similar case from Austria, the French data protection authority recently concluded that certain use of cookies placed by US data analytics tools violated GDPR. The case came before the CNIL as the result of a...more
Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity...more
1/12/2022
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CAN-SPAM Act ,
CARU ,
CDPA ,
Consumer Privacy Rights ,
COPPA ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Employee Tracking ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Identity Theft ,
Machine Learning ,
Mobile Privacy ,
Ransomware ,
SCOTUS ,
TCPA
Companies are struggling to understand how to comply with rapidly changing and sometimes conflicting privacy obligations. For entities outside of the US seeking to do business in the States, approaching and understanding the...more
Colorado recently joined Virginia and California in passing a more comprehensive privacy law. The Colorado Privacy Act (CPA) will go into effect July 1, 2023. This is six months after Virginia’s law (CDPA) and California’s...more
7/14/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Colorado ,
Consumer Privacy Rights ,
Data Protection ,
Data Security ,
Enforcement ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
General Data Protection Regulation (GDPR) ,
Liability ,
New Legislation ,
Privacy Laws ,
State and Local Government
Starting this fall, companies transferring personal data from the European Economic Area (EEA) will likely begin to see a flurry of contract renegotiations. On June 4, 2021, the European Commission adopted long awaited new...more
6/17/2021
/ Cross-Border ,
Data Security ,
Data Transfers ,
EU ,
EU-US Privacy Shield ,
European Economic Area (EEA) ,
FISA ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Schrems I & Schrems II ,
Standard Contractual Clauses
China is continuing to move forward with its first comprehensive privacy law. China recently issued a second version of the draft Personal Information Protection Law (Draft PIPL) which will be open for public comments until...more
5/14/2021
/ Breach Notification Rule ,
China ,
Cross-Border ,
Cybersecurity ,
Data Breach ,
Data Localization Law ,
Data Privacy ,
Data Security ,
Data Transfers ,
General Data Protection Regulation (GDPR) ,
Penalties ,
Personal Information ,
Popular ,
Proposed Regulation