News & Analysis as of

Data Controller General Data Protection Regulation (GDPR) European Union

Latham & Watkins LLP

Preparing for the European Health Data Space - Opportunities and Challenges for Europe’s Digital Future

Latham & Watkins LLP on

The EU regulation designed to facilitate secondary use of clinical data for research brings benefits for health research, but also poses challenges for companies....more

DLA Piper

Germany: Monitoring and Auditing Obligations of Controllers with Respect to Their Processors

DLA Piper on

In a decision on immaterial damages under Article 82 of the EU General Data Protection Regulation (GDPR), the Higher Regional Court of Dresden, Germany (case number 4 U 940/24), set out important monitoring and auditing...more

Baker Botts L.L.P.

Right to Erasure in the Spotlight as EU Data Protection Board Launches 2025 Coordinated Action

Baker Botts L.L.P. on

The European Data Protection Board (EDPB), the independent EU body responsible for ensuring the consistent application of the EU General Data Protection Regulation (GDPR) across all EU member states, has kicked off its...more

Latham & Watkins LLP

Kingdom of Saudi Arabia Issues New Data Transfer Risk Assessment Guidelines

Latham & Watkins LLP on

The guidelines specify the requirements for data controllers to conduct risk assessments related to the transfer or disclosure of personal data outside the Kingdom. ...more

Baker Botts L.L.P.

European Data Protection Board Releases Opinion on the Use of Personal Data with Artificial Intelligence

Baker Botts L.L.P. on

On December 17, 2024, the European Data Protection Board ("EDPB" or Board) issued Opinion 28/2024, addressing data protection aspects related to the processing of personal data in the context of artificial intelligence ("AI")...more

Fox Rothschild LLP

How Anonymous Is Your AI Model?

Fox Rothschild LLP on

There is more to learn from the European Data Protection Board’s recent opinion on AI models. I previously reviewed the EDPB’s take on what the consequences could be for the unlawful processing of personal data in the...more

BCLP

European Data Protection Board's Opinion on AI Models

BCLP on

On 17 December 2024, the European Data Protection Board (EDPB) adopted its opinion on certain data protection aspects related to the processing of personal data in the context of AI models (Opinion). The Opinion comes as a...more

Latham & Watkins LLP

EDPB Issues Guidelines on Processing Personal Data for Legitimate Interests Purposes

Latham & Watkins LLP on

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

DLA Piper

EU: Engaging Vendors in the Financial Sector: EDPB Clarifications Mean More Mapping and Management

DLA Piper on

The European Data Protection Board (“EDPB“) adopted an opinion on 7 October 2024, providing guidance for data controllers relying on processors (and sub-processors) under the GDPR....more

Alston & Bird

EDPB Adopts Opinion on the Use of Processors and Sub-processors

Alston & Bird on

On October 7, 2024, the European Data Protection Board (“EDPB”) adopted an opinion on obligations following from the use of processors and sub-processors (the “Opinion”). The EDPB is the body that seeks to ensure harmonised...more

Wilson Sonsini Goodrich & Rosati

Cybersecurity: A Critical Element in Your 2025 Business Forecast

As cyberattacks become more sophisticated, cybersecurity remains a top concern for regulators, consumers, business partners, and investors. Weak security can cause substantial harm to a company and lead to litigation,...more

DLA Piper

Data Act Frequently Asked Questions Answered by the EU Commission

DLA Piper on

The EU Data Act is one of the cornerstones of the EU's Data Strategy and introduces a new and horizontal set of rules on data access and use to boost the EU's data economy. Most of the provisions of the Data Act will become...more

Mayer Brown

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

Mayer Brown on

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

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

BCLP

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

BCLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

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

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

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

Sheppard Mullin Richter & Hampton LLP

DPA 101: Do You Know Where Your Data Is?

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

WilmerHale

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

WilmerHale on

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

BCLP

Paris Litigation Gazette - Issue 4 - October 2023

BCLP on

In an important judgment handed down on 29 June 2023 (Case C-211/22), the Court of Justice of the European Union (the "CJEU") ruled that a vertical agreement to fix minimum prices does not necessarily constitute a restriction...more

Constangy, Brooks, Smith & Prophete, LLP

Legislative Update: Swiss Data Protection Act took effect September 1

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

Osano

GDPR Compliance Checklist: 8 Steps You Need to Complete

Osano on

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

Alston & Bird

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

Alston & Bird on

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

Brownstein Hyatt Farber Schreck

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

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

Wilson Sonsini Goodrich & Rosati

European Commission Proposes New Rules for Cross Border GDPR Enforcement

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

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