News & Analysis as of September 24, 2024

Data Controller

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

Personal Data Sharing: What Information About Recipients Do We Need to Provide to Individuals Under the GDPR?

Mayer Brown on 9/13/2024

Sharing personal data is necessary for most organisations, but it also entails certain data protection risks. Controllers who share personal data with others must, among other obligations, ensure that they comply with the...more

Uber’s 290 Million Euro Fine: What You Need to Know

Fox Rothschild LLP on 8/29/2024

What can U.S.-based and multi-national companies learn from the 290 million euro fine Autoriteit Persoonsgegevens, the Dutch Data Protection Authority, issued against Uber in connection with the processing of Dutch driver...more

Data Protection Rulings by European Regulators Offer Insights Into Their Security Expectations

Skadden, Arps, Slate, Meagher & Flom LLP on 4/15/2024

Valuable insights into the measures European regulators expect businesses to take to protect data privacy can be found in a report from the European Data Protection Board (EDPB) summarizing decisions under the EU’s General...more

CJEU publishes AG opinion on sale of a database of personal data

A&O Shearman on 3/8/2024

The Court of Justice of the European Union (CJEU) published the Advocate General's Opinion on whether the GDPR would restrict the sale of a database by court enforcement officers to satisfy creditor claims without the consent...more

EDPB launches website auditing tool

A&O Shearman on 2/7/2024

The EDPB launched a website auditing tool to help legal and technical auditors at data protection authorities check whether websites are compliant with the law on 29 January 2024. Controllers and processors can also use the...more

The EU Data Act: A new European legal framework with rules for data access, switching cloud providers and interoperability

WilmerHale on 1/25/2024

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

Legislative Update: Swiss Data Protection Act took effect September 1

Constangy, Brooks, Smith & Prophete, LLP on 9/11/2023

The new Swiss Federal Act on Data Protection, known by the acronym “nFADP,” took effect on September 1. The law was enacted by the Swiss parliament in 2020. The law introduces new rights for Swiss citizens, but also...more

GDPR Compliance Checklist: 8 Steps You Need to Complete

Osano on 9/7/2023

GDPR compliance can be tricky. Even if you summon the willpower to read through the law’s text, it can be tough to know where to start. As an alternative to pouring through the GDPR’s legalese, one way to establish a...more

Why the New EU-U.S. Data Privacy Framework May Be Good News for Life Sciences Companies in the U.S.

Alston & Bird on 8/23/2023

BACKGROUND - U.S.-based life sciences companies can be subject to the European Union (‘EU’) General Data Protection Regulation (‘GDPR’), even if they do not have any subsidiary, affiliate or other physical presence in the...more

U.S. Companies Now Have a Framework for EU-U.S. Personal Data Transfers

Brownstein Hyatt Farber Schreck on 7/18/2023

In a significant milestone for EU-U.S. cross-border transfers of personal data under Article 45 of the General Data Protection Regulation (GDPR), the European Commission adopted an adequacy decision for the new EU-U.S. Data...more

European Commission Proposes New Rules for Cross Border GDPR Enforcement

Wilson Sonsini Goodrich & Rosati on 7/5/2023

On July 4, 2023, the European Commission (EC) published its proposal for a regulation laying down additional procedural rules for the enforcement of the EU General Data Protection Regulation (GDPR) (proposal). The proposal...more

Pakistan – MITT releases final draft of the personal data protection bill

A&O Shearman on 6/5/2023

The Pakistan Ministry of Information Technology and Telecommunication (MITT) released a new draft of the Personal Data Protection Bill, 2023 (the PDPB) on 19 May 2023. The PDPB aims to regulate the collection, processing,...more

Somewhere Between a Summary and a Data Dump – CJEU Finds Controllers Must Provide Data Subjects a “Faithful And Intelligible” Copy...

White & Case LLP on 5/17/2023

The Court of Justice of the EU (CJEU)1 has held that the General Data Protection Regulation (GDPR) requires controllers to provide data subjects a "faithful reproduction" of their personal data, which takes into account the...more

Updated EU Data Transfers Guidance

BCLP on 3/17/2023

The updated guidelines (05/2021) from the European Data Protection Board (“EDPB”) issued on 14 February 2023 (the “New Guidelines”) look at the interplay of two fundamental, protective mechanisms contained in the EU GDPR....more

Meta Fines Expose EU Regulators’ Differences and Highlight Fundamental Issues for Data Controllers

Faegre Drinker Biddle & Reath LLP on 1/18/2023

Meta Ireland (Meta) has recently been issued with two fines by the Irish Data Protection Commission (DPC) for breaches of the EU General Data Protection Regulation (GDPR) relating to advertisements run on its Facebook and...more

The European Health Data Space - Panacea or Poison Pill?

Latham & Watkins LLP on 11/2/2022

On 3 May 2022, the European Commission launched its proposal for a Regulation for the European Health Data Space to “unleash the full potential of health data”. However, questions arise as to whether this proposal is a...more

International Data Transfers: Knowing Which Rules Apply to Comply

Epiq on 8/31/2022

While countries all over the globe continue to make data privacy strides, comparing similarities and differences between the EU and U.K. is important in light of Brexit. It is also crucial to know the differences as they...more

French Supervisory Authority Publishes Guidance on the Use of Website Analytics in Compliance With GDPR Requirements

K&L Gates LLP on 6/23/2022

Following the 2020 Court of Justice of the European Union’s (CJEU) ruling invalidating the Privacy Shield (see our alert here), personal data transfers from the European Union to the United States required EU companies to...more

Data Protection In The Workplace: Everything You Need To Know

Reveal on 3/10/2022

Since May 2018, all data belonging to citizens of EU member states has been subject to the General Data Protection Regulation (GDPR). Central to the GDPR is the notion that personal data, which is any information relating to...more

Belgian DPA Fines IAB: Rough Waters Ahead for Ad Industry

Dechert LLP on 2/7/2022

On February 2, 2022, the Belgian Data Protection Authority (“DPA”) issued a decision finding that the Interactive Advertising Bureau ("IAB”) Europe’s Transparency and Consent Framework (“TCF”) violates key provisions of the...more

‘Controller,’ ‘Processor’ and ‘Transfer’: Some GDPR Concepts Re-Explained

Cooley LLP on 1/31/2022

Happy Data Privacy Day! Many companies are still struggling with some basic concepts of the General Data Protection Regulation, such as “controller,” “processor” and “transfer” of personal data. The European Data Protection...more

No Google Analytics for You? EDPS Decision on EU Parliament’s Use of Google Analytics and More

Fox Rothschild LLP on 1/21/2022

A few days before the Austria DSB decision, the European Data Protection Supervisor (EDPS) issued a decision on the use of Google Analytics by the European Parliament. For Schrems II: EDPS says “if you don’t have any...more

5 Key Takeaways from the EDPB’s Final Guidelines on Examples Regarding Personal Data Breach Notification

Wyrick Robbins Yates & Ponton LLP on 1/20/2022

Following a public consultation on an initial version released last January, the European Data Protection Board (“EDPB”) last month adopted a final version of its Guidelines on Examples regarding Personal Data Breach...more

French DPA Sets Conditions for Processors' Reuse of Personal Data Processed on Behalf of Controllers

Dechert LLP on 1/20/2022

On January 12, 2022, the French data protection authority (“CNIL“) published guidance on the reuse of personal data by processors for their purposes (“Guidance”). This the most recent guidance of a major EU regulator on a...more

Everything is (Somewhat) Illuminated: The EDPB Defines “Transfer”

Wyrick Robbins Yates & Ponton LLP on 12/21/2021

The concept of a “transfer” under Chapter V of the GDPR has always been a bit like obscenity. We didn’t have an authoritative definition, but with apologies to the late Justice Potter Stewart, we knew it when we saw it. And...more

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