News & Analysis as of

Data Protection Authority

GDPR’s Most Frequently Asked Questions: Does the GDPR apply if my company has no employees or offices in the EU?

by Bryan Cave on

The European Union’s General Data Protection Regulation (“GDPR”) is arguably the most comprehensive – and complex – data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more

France: Pragmatism and Flexibility for the GDPR Implementation

by McGuireWoods LLP on

The GDPR (General Data Protection Regulation) will be applicable as of May 25, 2018. The (high) level of penalties under the GDPR will become one of the core issues for companies. Indeed the GDPR is based on the European...more

100(ish) Days Until GDPR

by Workman Nydegger on

In a little more than 100 days, a sweeping regulation known as the General Data Protection Regulation (GDPR) will go into effect across the European Union. The purpose of the GDPR is to update and modernize the scope of...more

Business Litigation Report - January 2018

January 2018: Federal Circuit Issues Important Decision On Written Description And Enablement In Amgen Inc. v. Sanof - In Amgen Inc. v. Sanofi, 872 F.3d 1367 (Fed. Cir. 2017), the Federal Circuit acknowledged the relevance...more

Privacy & Data Security Team Launches Unique GDPR Tracker Website

by Alston & Bird on

“To Harmonize or Not To Harmonize: That Is the Question.” With the the GDPR fast approaching on May 25, 2018, European Member States are getting ready with the implementation of national legislation. Although the GDPR is a...more

Privacy & Cybersecurity Update - January 2018

In this month's edition of our Privacy & Cybersecurity Update, we discuss Poland's potential exemptions from the new EU data law and the Office of the Comptroller of the Currency's recommendations for U.S. banks faced with...more

Federal Trade Commission Issues Privacy and Data Security Report for 2017

by WilmerHale on

On January 18th, the Federal Trade Commission (“FTC”) released its Annual Privacy and Data Security Update, recapping its enforcement actions, workshops, and other privacy and data security activities in 2017. Enforcement...more

ePrivacy Regulation Trilogue Negotiations Pushed Back to Fall 2018; Final ePrivacy Regulation May Not Be in Place until 2020

by Alston & Bird on

About this time last January, the European Parliament released its proposal for a new ePrivacy Regulation. The intent of the ePrivacy Regulation is to replace the current ePrivacy regime – which consists of an ePrivacy...more

Alston & Bird Publishes Five-Part Series on Germany’s GDPR Implementation Statute

by Alston & Bird on

Last year, Germany became the first EU member state to pass legislation implementing the EU’s General Data Protection Regulation (GDPR). For companies, national GDPR implementing legislation can be significant....more

The European Union’s General Data Protection Regulation (GDPR) Is Coming: What Does It Mean For U.S. Businesses?

by Balch & Bingham LLP on

With the May 25, 2018 deadline quickly approaching, many businesses are scrambling to prepare for compliance with the EU’s General Data Protection Regulation (GDPR), and questions and conversations are heating up. Still...more

EU data protection advisory body issues guidance on setting “effective, proportionate and dissuasive” fines under the GDPR

by Ropes & Gray LLP on

The EU’s data protection advisory body, the Article 29 Data Protection Working Party (WP29), has adopted Guidelines on the application and setting of administrative fines for the purposes of the General Data Protection...more

Data Protection Litigation to Become a New Reality in Belgium

by Alston & Bird on

On November 16, 2017, the Belgian Senate adopted an “Act on the Establishment of the Data Protection Authority.” Following Austria, Germany, and the UK, Belgium is the fourth EU member state to pass a domestic statute...more

EU DPAs and the Future of Privacy Shield

by Alston & Bird on

The Article 29 Working Party group (WP29) of European data protection authorities recently announced that they will legally challenge the adequacy of the Privacy Shield Framework unless the U.S. government addresses certain...more

ENISA Publishes Report on Recommendations for Data Protection Certification Mechanisms Under the GDPR

by Reed Smith on

On 27 November 2017, the European Union Agency for Network and Information Security (“ENISA”) published a report on Recommendations on European Data Protection Certification (“Report”). The aim of the Report is to identify...more

The WP29 Issues an Ultimatum to Improve the Privacy Shield

by McGuireWoods LLP on

The EU and U.S. competent authorities have one year to implement the recommendations that the Article 29 Working Party (WP29, which is a gathering of all EU national data protection authorities) made in its opinion of...more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 5 of 5

by Alston & Bird on

Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR). On July 6, 2017, Germany did so by passing a statute titled the Data Protection...more

The UK Data Protection Authority Clarifies the Status of the BCRs It Approves

by WilmerHale on

Brexit raises critical issues regarding the future transfer of personal data outside of the EU, not least as to the role of the UK Data Protection Authority, the Information Commissioner’s Office (“ICO”), and as to its...more

EU Data Transfer Solutions Under Further Judicial Scrutiny – What Next For Model Contract Clauses?

The European Union Court of Justice (“CJEU”) to rule on the validity of Model Contractual Clauses (“MCCs”) following referral by the Irish High Court. The Irish High Court has “well-founded” concerns that there is no...more

UK proposal for three-tier fee model for data controllers from May 2018

by Ropes & Gray LLP on

With the deadline for enforcement of the GDPR looming closer, many data controllers had believed that, with the abolition of the requirement to notify the Information Commissioner’s Office (ICO) of their data processing...more

Privacy Shield Gets Passing Grade

In reviewing the first year of implementation of the European Union-United States Privacy Shield, the Commission to the European Parliament and the Council declared it “adequate.”...more

Article 29 Working Party Issues Guidance on Breach-Notification Obligations under GDPR

by Ballard Spahr LLP on

The Article 29 Working Party (WP29) recently issued guidelines regarding data controllers' notification obligations following security breaches involving the personal data of EU citizens....more

European Commission Publishes First Annual Report on EU-US Privacy Shield

by Reed Smith on

Following our previous blog on the upcoming first annual review of the EU-US Privacy Shield, the European Commission (“Commission”) published its report on 18 October 2017 (“Report”). Overall, the Report confirms that the...more

The UK’s Data Protection Authority goes myth-busting: fining powers; consent; the "misconception" that the GDPR is an unnecessary...

by Ropes & Gray LLP on

The UK’s Information Commissioner’s Office has published a series of blog pieces to “bust some myths” about the General Data Protection Regulation, which comes into effect on 25 May 2018. According to the Information...more

European General Data Protection Regulation: GDPR Compliance for U.S. Business

The General Data Protection Regulation (GDPR) was approved by the European Union (EU) in 2016 and replaces the 1995 EU Data Protection Directive 95/46/EC. Enforcement begins May 25, 2018 – including the application of heavy...more

The EU – US Privacy Shield Passed Its First Annual Review

by Jackson Lewis P.C. on

The European Commission recently issued an overall positive review in its first annual report on the E.U. – U.S. Privacy Shield (“Privacy Shield”), after evaluating the Privacy Shield in its joint review with the US last...more

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