On January 28, 2022, the European Data Protection Board (“EDPB”) published draft regulatory guidelines (“draft guidance”) on the right of data subjects to have access to their personal data under the EU General Data...more
In a decision of December 16, 2021, the Belgian Data Protection Authority (“DPA”) imposed a EUR 75,000 administrative fine on a bank located in Belgium for failure to comply with the requirement in Article 38.6 of the General...more
On 31 January 2022, the EU Clinical Trial Regulation (CTR) will come into application, almost 8 years after its adoption by the European Parliament and the Council of the EU. The CTR will radically change the regulatory...more
On Monday, 3 January 2022, the European Data Protection Board (“EDPB”) published the finalized version of its regulatory guidance entitled “Examples regarding Personal Data Breach Notification” (the “Guidelines”), following a...more
On November 18, the European Data Protection Board (“EDPB”) released draft guidelines on the interplay between Article 3 GDPR – which sets out the GDPR’s territorial scope – and the provisions in Chapter V of the GDPR, which...more
The Belgian Supreme Court ruled in a judgment of Oct. 7, 2021 that a data subject has the right to lodge a complaint with the Data Protection Authority against a processing practice that violates the GDPR (in this case, the...more
The Data Strategy Webinar Series spotlights cutting-edge issues in privacy and cybersecurity. This session will feature the latest developments regarding SCCs and data transfers out of Europe, including a discussion of...more
On June 4th, the European Commission issued modernized Standard Contractual Clauses (SCCs) under the EU General Data Protection Regulation (GDPR) for data transfers from controllers or processors in the EU/EEA (or otherwise...more
Earlier this month, the European Data Protection Board (EDPB) published a report on the resources that the EU Member States make available to their Data Protection Authorities (DPA) and on the enforcement actions initiated by...more
Entities registered with the U.S. Securities & Exchange Commission (SEC) must maintain certain books and records and can be subject to the SEC’s examination, inspection, and enforcement authority. Responding to SEC requests...more
On July 7th, the European Data Protection Board (“EDPB”) adopted its finalized guidelines on the concepts of controller and processor in the General Data Protection Regulation (“GDPR”). While the EDPB’s predecessor – the...more
Our Privacy, Cyber & Data Strategy Team offers 10 observations companies can use to better understand the EU’s overhaul of the standard contractual clauses that allow compliance with the General Data Protection Regulation’s...more
On February 19, 2021, the European Commission adopted a draft ‘adequacy decision’ in favor of the UK. The adoption of the draft adequacy decision marks the first step in ensuring the continued free flow of personal data from...more
When a controller engages a processor, the GDPR requires that the parties enter into a specific contract that contains certain mandatory provisions. This contract is often referred to as a ‘data processing agreement’ or...more
On December 24, 2020, the EU and the UK reached an agreement on the terms of their future cooperation following the end of the Brexit Transition Period (i.e., following 31 December 2020). The EU-UK Trade and Cooperation...more
On December 17, 2020, the UK Information Commissioner’s Office (‘ICO’) published its Data Sharing Code of Practice (the ‘Code’) following a public consultation which commenced in 2019. The Code focuses mainly on data sharing...more
On 7 December 2020, the French supervisory authority CNIL (Commission nationale de l’informatique et des libertés, French data protection authority) imposed substantive fines on Amazon and Google for allegedly placing...more
With the end of the Brexit transition period around the corner, companies doing business in the EU and UK must prepare for data protection change – and not only international data transfers. Our Privacy & Data Security Team...more
When it comes to data breach notification laws, differences between the patchwork of U.S. state laws and the EU’s General Data Protection Regulation can impact the focus of and approach to an investigation. Our Privacy & Data...more
In addition to issuing new (draft) standard contractual clauses for transferring personal data outside of the EEA, on November 12, the European Commission published a draft decision on standard contractual clauses between...more
The European Data Protection Board (“EDPB”) has published draft guidelines on the concepts of controller and processor for public consultation. While its predecessor – the Article 29 Working Party – had issued guidance on the...more
(This blog post summarizes Wim Nauwelaerts’ (Alston & Bird), Early EDPB Guidance in the Wake of Schrems II – Where E.U.-U.S. Data Transfers Are Headed, Cybersecurity Law Report, Aug. 5, 2020) - On July 23, 2020, the European...more
On July 22, 2020, the European Data Protection Board (‘EDPB’) released an information note on Binding Corporate Rules (‘BCRs’), which provides guidance for groups of undertakings/enterprises which have the UK ICO as their...more
On July 17, 2020, the European Data Protection Board (‘EDPB’) published a statement on the outcome of the Schrems II judgment, passed by the Court of Justice of the European Union (‘CJEU’) the day before. The judgment...more
Executive Summary - The Court of Justice of the European Union (‘CJEU’) handed down its long-awaited judgment in the ‘Schrems 2.0’ Case (Facebook Ireland and Schrems (Case C-311/18)), about the validity of two means of...more