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Court of Justice of the European Union (CJEU) Data Privacy

Clark Hill PLC

The Learned Concierge - April 2025, Vol. 18

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Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Data in the Balance: Political Influence on EU-U.S. Data Transfers

In politically uncertain times, is your organisation’s data transfer compliance unquestionable? The EU-U.S. Data Privacy Framework (DPF) serves as a useful mechanism for transatlantic data transfers, and it can assist...more

Hogan Lovells

Latombe Case: First hearing for annulment of the EU-U.S. Data Privacy Framework

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On April 1st, 2025, the General Court of the European Union held its first hearing on the request initiated by member of French parliament Philippe Latombe for annulment of the EU-U.S. Data Privacy Framework (“DPF”) further...more

Clark Hill PLC

How to Explain Automated Decisions: Recent CJEU Decision and CPPA Rulemaking Offer Insight into ADM Explainability

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Automated decision-making, or ADM, is used for a wide range of use cases that impact individuals — from processing insurance claims and credit scoring, to ranking job candidates and offering personalized pricing or targeted...more

A&O Shearman

CJEU issues judgment on balancing the right of access and protecting trade secrets in automated decision-making processes

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On February 27 2025, the Court of Justice of the European Union (CJEU) delivered a judgment in CK v Dun & Bradstreet (Case C-203/22). This judgment clarifies the GDPR provisions regarding the right of access to personal...more

Latham & Watkins LLP

Personal Data: A Relative Concept?

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Advocate General Spielmann opines that personal data can be pseudonymous in the hands of one party and anonymous in the hands of another....more

Latham & Watkins LLP

GDPR Fines to Be Determined by Reference to Global Turnover of Corporate Group

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The CJEU has decided that the maximum thresholds for GDPR fines should be calculated using the global turnover of the broader corporate group, not solely the infringing entity....more

A&O Shearman

Luxembourg adapts its RCS and RBE legislations after CJEU ruling

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The Luxembourg Parliament recently enacted a law reforming the Trade and Companies Register (RCS) and the Register of Beneficial Owners (RBE) laws. This reform is a direct response to the decision of the Court of Justice of...more

K&L Gates LLP

CJEU Upholds EDPB's Authority to Order Broader Investigations in Cross-Border Cases

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In a landmark judgment delivered on 29 January 2025, the General Court of the European Union has affirmed the European Data Protection Board‘s (EDPB) authority to require national supervisory authorities to broaden their...more

Orrick, Herrington & Sutcliffe LLP

Analysis of the CJEU Judgment Which Paves the Way for Competitor Civil Actions Regarding GDPR Violations

Entscheidung. Man darf sich fragen, warum Kündigungsbeschränkungen gerade im HV-Recht eine vergleichsweise hohe Bedeutung haben, obwohl eigentlich für andere Verträge nichts Abweichendes gelten dürfte. Auch das...more

Morgan Lewis

EU High Court Allows GDPR Claims in Business Litigation, Expands Scope of ‘Health Data’ Impacting Life Sciences and Consumer...

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The Court of Justice of the European Union (CJEU), the EU’s highest court, recently announced its significant Lindenapotheke decision, permitting companies to use the General Data Protection Regulation in business-to-business...more

DLA Piper

EU: CJEU Confirms That Legitimate Interests Can Cover Purely Commercial Interests

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Introduction - The subject of “legitimate interests” and in particular whether they can be “purely commercial” has been a topic of front and center stage debate in the Netherlands for some time. The Dutch data protection...more

Hogan Lovells

CJEU clears the air, Dutch DPA’s interpretation of legitimate interests is too strict

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On 4 October 2024, the Court of Justice of the European Union (CJEU) published its long-awaited judgement in case C-621/22 (KNLTB), which clarifies that purely commercial interests may not be categorically excluded from...more

Hogan Lovells

Dutch DPA’s fine decision suspended by Dutch court amidst “(commercial) legitimate interest-controversy”

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Once again, a Dutch district court has recalled a decision of the Dutch Data Protection Authority (Dutch DPA) for its too strict interpretation that purely commercial interests cannot be legitimate interests under Article...more

Hogan Lovells

Data Privacy Framework: Redress mechanisms for EU individuals get a boost with new EDPB resources

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On 24 April 2024, the European Data Protection Board ("EDPB") released a set of guidance documents and template complaint forms to facilitate the implementation of the redress mechanisms corresponding to the EU-U.S. Data...more

Hogan Lovells

AI in German Employment – Navigating the AI Act, GDPR, and National Legislation

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Employers around the world are increasingly using artificial intelligence (AI) to optimize many facets of their business operations, ranging from screening job applications and assigning tasks in real time to evaluating...more

Clark Hill PLC

Right To Know - February 2024, Vol. 14

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Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Hogan Lovells

Transfer Impact Assessments: the CNIL is seeking public input on TIA guide

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On January 8, 2024, the CNIL launched a public consultation on a draft guide (Draft Guide) covering Transfer Impact Assessments (TIA). Under GDPR, as interpreted by the Court of Justice of the European Union (CJEU) and...more

Troutman Pepper Locke

New Mechanism for Cross-Border Data Transfer: The EU-U.S. Data Privacy Framework

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On June 10, 2023 the European Commission (the “Commission”) issued an adequacy decision on the new EU-U.S. Data Privacy Framework (the “DPF”). The decision restored free transfer of data between the EU and U.S. after three...more

Conyers

The Future of Beneficial Ownership in Bermuda – Transparency v Privacy

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Transparency or privacy – which of these priorities prevails? A ruling on 22 November 2022 by the Court of Justice of the European Union (CJEU) might mean privacy prevails when it comes to the question of whether or not a...more

Hogan Lovells

Member of French Parliament lodges first request for annulment of EU-US Data Privacy Framework

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P. Latombe, who is not only a Member of the French Parliament, but also seated at the French Data Protection Authority (CNIL)'s Commission, lodged a request for annulment of the DPF on 6 September 2023 before the Court of...more

White & Case LLP

US and EU Approve Framework for Personal Data Transfers

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The United States ("U.S.") and the European Union ("EU") have settled on a framework for transfers of personal data for the first time since the European Court of Justice ("CJEU") effectively invalidate the EU-U.S. Privacy...more

Foley Hoag LLP - Security, Privacy and the...

New EU-US Data Privacy Framework Promises Greater Ease for Cross-Border Transfers, but Uncertainty Remains

On July 10, 2023, the European Commission (EC) adopted its adequacy decision for the EU-U.S. Data Privacy Framework (EU-U.S. DPF, or “Privacy Framework”), which establishes the Privacy Framework as an authorized mechanism...more

Seyfarth Shaw LLP

Adequacy for the US (kind of) – But What Are the Side Effects?

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On July 10th, the European Commission issued its Implementing Decision regarding the adequacy of the EU-UD Data Privacy Framework (“DPF”). The Decision has been eagerly awaited by US and Europe based commerce, hoping it will...more

Bond Schoeneck & King PLLC

Data Transfers Permitted Across the Pond via New EU-U.S. Data Privacy Framework

On July 10, 2023, the European Commission adopted its adequacy decision on data transfers for the EU-U.S. (European Union/United States) Data Privacy Framework (DPF). The adequacy decision concluded that the United States...more

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