News & Analysis as of

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

Latham & Watkins LLP

EDPB Issues Guidelines on Processing Personal Data for Legitimate Interests Purposes

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The draft guidelines provide further clarification to the EDPB’s interpretation of legitimate interests, and suggest a potential divergence with the UK ICO....more

BCLP

Auction of Personal Data: Clarification of the Concepts of Personal Data and Data Controller

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On 7 March 2024, the Court of Justice of the European Union issued a ruling (C-604/22 | IAB Europe) clarifying the concepts of personal data and controller in the context of the use of a Transparency and Consent Framework...more

A&O Shearman

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

A&O Shearman on

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

White & Case LLP

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

White & Case LLP on

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

Latham & Watkins LLP

CJEU Sets High Bar for Responses to Data Subject Access Requests

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Organisations must provide individuals with information on the specific recipients of their data upon request. The Court of Justice of the European Union (CJEU) has ruled that organisations must generally disclose the...more

A&O Shearman

AG CJEU addresses data subject rights and automated decision-making by credit rating agencies

A&O Shearman on

The Advocate General (AG) Pikamäe of the Court of Justice of the European Union (CJEU) issued his opinions in three cases concerning the credit rating agency SCHUFA Holding AG (SCHUFA) on 16 March 2023....more

Faegre Drinker Biddle & Reath LLP

CJEU Rules on Dismissal of DPOs and Conflict of Interest

In a recent judgment, the Court of Justice of the European Union (the CJEU) has confirmed that Data Protection Officers (DPOs) can maintain other tasks and duties within their role, provided they do not result in a conflict...more

Bradley Arant Boult Cummings LLP

Who Has My Data? EU Court Rules GDPR Requires Disclosure of Data Recipient Identities, Not Just Categories, in Response to Data...

Under the European Union’s General Data Protection Regulation (GDPR), individual data subjects have the right to request that the data controller share information regarding the data subject’s personal information...more

K&L Gates LLP

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

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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

Latham & Watkins LLP

CJEU AG Sets High Bar for Responses to Data Subject Access Requests

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The Advocate General argues that organisations should provide individuals with information on the specific recipients of their personal data. Advocate General Giovanni Pitruzzella (AG) of the Court of Justice of the...more

Goodwin

Europe OPTS for Pragmatism with New SCCS and ICO Opens Consultations on UK SCCS — What Companies Need to Do Next

Goodwin on

The dust has settled on the new EU standard contractual clauses for cross-border data transfers (“New SCCs”), but confusion still reins on how the New SCCs cover data transfers and what companies need to do to take advantage...more

BCLP

German DPAs launch audit of international data transfers after Schrems II

BCLP on

According to a press release of the data protection authority (DPA) of Lower Saxony earlier this month, nine German DPAs will participate in a coordinated audit of companies in Germany regarding their transfers of personal...more

Latham & Watkins LLP

New Standard Contractual Clauses and Final EDPB Recommendations - Next Steps

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Companies have three months to prepare to use the latest standard contractual clauses for new data transfers, and 18 months to migrate existing arrangements. On 4 June 2021, the European Commission released its...more

Vinson & Elkins LLP

Keeping Transborder Data Flowing Post-Schrems II: EU Adopts Revised Standard Contractual Clauses

Vinson & Elkins LLP on

On June 4, 2021, the European Commission announced the definitive adoption and publication of revamped Standard Contractual Clauses (“SCCs”) for the transfer of personal data to third countries pursuant to the EU General Data...more

Akin Gump Strauss Hauer & Feld LLP

European Data Protection Board Forms Two New Taskforces to Address Schrems II Aftermath

On Friday September 4, 2020, the European Data Protection Board (EDPB), a body consisting of representatives of all the Data Protection Authorities (DPAs) in the European Economic Area, announced that it had formed two new...more

Akin Gump Strauss Hauer & Feld LLP

Court of Justice of the European Union Rules Privacy Shield Invalid and Standard Contractual Clauses Can Remain But Only in...

On July 16, 2020, the Grand Chamber of the Court of Justice of the European Union (CJEU) in Luxembourg handed down its highly anticipated judgment in a case brought by privacy activist Max Schrems (C-311/18, Data Protection...more

Goodwin

Déjà Vu All Over Again: EU High Court Invalidates Privacy Shield For EU – U.S. Data Transfers

Goodwin on

Today (July 16) Europe’s highest court, the Court of Justice of the European Union (CJEU), in the case of Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (Schrems II) invalidated the EU–U.S. Privacy...more

Jones Day

Schrems II Confirms Validity of EU Standard Contractual Clauses, Invalidates EU–U.S. Privacy Shield

Jones Day on

The Situation: The Court of Justice of the European Union ("CJEU") has ruled that international data flows under the European Union's comprehensive data protection regime, the GDPR, can continue to be based on EU Standard...more

K&L Gates LLP

The Privacist - Volume 1

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BREXIT: DEAL OR NO-DEAL? DATA IS THE QUESTION - With the Brexit deadline looming ahead on 31 October 2019, the situation seemingly reaches new levels of uncertainty every day. Last week, the U.K. Supreme Court’s eleven...more

Ballard Spahr LLP

Making Sense of EU Cookie Law in the Wake of CJEU’s Planet49 Ruling

Ballard Spahr LLP on

The perplexing question of what U.S. companies must do to comply with EU “cookie” law became slightly more clear with the recent decision of the European Court of Justice (CJEU) in Planet49 GmbH, but numerous questions still...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - September 2019

In this month's edition of our Privacy & Cybersecurity Update, we examine five amendments to the California Consumer Privacy Act, the EU Court of Justice's rulings on the "Right to Be Forgotten" and what qualifies as a joint...more

Latham & Watkins LLP

EDPB Publishes Regulatory Guidance on Territorial Scope of GDPR

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The Guidance provides helpful clarifications for service providers and their customers on both sides of the Atlantic. Long-awaited guidance on the territorial scope of the General Data Protection Regulation (GDPR) has been...more

Perkins Coie

Use a Third-Party Platform? You Might Be a “Data Controller”

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The European Union’s top court ruled last week that the operator of a Facebook fan page is a “joint controller,” along with Facebook, with respect to personal data collected on such pages. The decision has implications for...more

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