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Data Processors Data Controller European Union

DLA Piper

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

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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

BCLP

European Data Protection Board's Opinion on AI Models

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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

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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

DLA Piper

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

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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

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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

A&O Shearman

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

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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

A&O Shearman

EDPB launches website auditing tool

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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

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

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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

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

A&O Shearman

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

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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

Alston & Bird

International Data Transfers: Lessons from the EDPB’s “101 Task Force”

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​​​​​​​In August 2020, privacy activist organization NOYB – European Center for Digital Rights filed 101 complaints with the EU Supervisory Authorities (‘SAs’) in connection with the transfer of personal data from Europe to...more

BCLP

Updated EU Data Transfers Guidance

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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

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

Epiq

International Data Transfers: Knowing Which Rules Apply to Comply

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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

Alston & Bird

Italian Supervisory Authority Imposes 20 Million EUR Fine on Controller Outside of Europe

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The Italian Garante per la Protezione dei dati Personali (‘Italian SA’) published a decision of February 10, 2022 in which it imposes a 20 million EUR fine on a company outside of Europe for violation of the EU General Data...more

Orrick, Herrington & Sutcliffe LLP

6 Things You Need to Know About United Kingdom (UK) International Data Transfers

In February 2022, the United Kingdom (UK) Information Commissioner’s Office (“ICO”), along with the data protection authority (“DPA”) in the UK, published three new documents ("UK Documents") which update the UK's position on...more

Fox Rothschild LLP

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

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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

Dechert LLP

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

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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

Wyrick Robbins Yates & Ponton LLP

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

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

Wiley Rein LLP

Data Transfers from the EU – Further Guidance Issued

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The European Data Protection Board (EDPB) has provided further guidance on data transfers. Specifically, this most recent guidance clarifies what constitutes a “transfer.” While the concept of a transfer may seem...more

BCLP

BCLP Global Data Privacy FAQs: What counts as a “transfer” of data under the EU GDPR? New draft EU Guidelines released

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It is well known that the EU GDPR (specifically, Chapter V) restricts transfers of personal data from the EU to a “third country” (i.e. a jurisdiction outside the EEA) or to an international organisation. But what is meant by...more

Epiq

What U.S. Companies Should Expect from China’s New Data Privacy Laws

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China had a lot of legislative movement in the area of data privacy this year. On June 10, 2021, the Data Security Law (DSL) was passed and it became effective on Sept. 1, 2021. This is a broader law applying to data...more

Vinson & Elkins LLP

Transcending Transference? EDPB Offers Guidance on International Data Transfers

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On November 18, 2021, the European Data Protection Board (“EDPB”) issued guidelines on the interplay between provisions in the General Data Protection Regulation (“GDPR”) governing scope and applicability and those governing...more

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