News & Analysis as of

EU Data Protection Laws

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

Preliminary New Poll Results: GDPR Fines, Use off AI for Document Review and More…

by Exterro, Inc. on

As we approach 2018, there are a couple of pending questions that the entire legal community still would like answers. Specifically, how US legal teams will respond to the enforcement of the GDPR and what the role of robots /...more

GDPR - The Great Data Protection Revolution Less than 200 Days to Go

by Locke Lord LLP on

In less than 200 days, on 25 May 2018, the EU General Data Protection Regulation (“GDPR”) goes live. It is the biggest change to European data protection law in over 20 years, and will have a major impact on businesses...more

We Want Privacy by Default in E-commerce, Says the European Parliament

by K&L Gates LLP on

On 10 January 2017, the European Commission (‘Commission’) presented a proposal for a Regulation on Privacy and Electronic Communication (‘ePrivacy Proposal’). The main objective behind the proposed act is to align the...more

GDPR and personal data breaches: what, when, who, and how?

by Dechert LLP on

What is a ‘personal data breach’? First things first, what exactly is a personal data breach? The GDPR defines it as “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised...more

Article 29 Data Protection Working Party Publishes Final Guidelines on Data Protection Impact Assessments

by Reed Smith on

On 4 October 2017, the Article 29 Working Party (“WP29”) released its final guidelines on Data Protection Impact Assessments (“DPIA”), which were initially proposed in draft form in April 2017. Article 35 of the General Data...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 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

Automated Decision-Making Under the GDPR – A Right for Individuals or A Prohibition for Controllers?

by Hogan Lovells on

The complexity of the EU General Data Protection Regulation (“GDPR”) is often alleviated by the guidance of regulatory authorities who contribute their practical interpretation of the black letter of the law and provide...more

The Katten Kattwalk - Issue 14

by Katten Muchin Rosenman LLP on

Disputes Between Departing Member and Remnant Group - In Lyons vs. American College of Veterinary Sports Medicine and Rehabilitation, the US Court of Appeals for the Federal Circuit addressed a dispute regarding the proper...more

Looming Ruling on EU Data Transfer Rules Carries Potentially Serious Implications

by Jones Day on

The Situation: The European Court of Justice ("ECJ") is to rule on the validity of EU Standard Contractual Clauses used by companies to transfer personal data outside of the European Union, at the request of Ireland's High...more

GDPR Countdown: Latham’s National Implementation Tracker

by Latham & Watkins LLP on

The EU General Data Protection Regulation (GDPR) will come into force in May 2018, changing how businesses and the public sector manage customer information. With seven months before the deadline, governments, supervisory...more

Significant WiFi vulnerability exposed

What is the problem? Belgian researchers have published information about a vulnerability in the most popular WiFi encryption protocol that makes monitoring of all communications possible, except those communications that...more

Validity of personal data export mechanism thrown into question

by Dechert LLP on

The Irish High Court recently asked the Court of Justice of the European Union (CJEU) to rule on the validity of “standard contractual clauses” as a basis for transferring personal data out of the European Economic Area...more

Data Protection: Patient confidentiality in the age of AI

by DLA Piper on

In our previous article, we considered a typical collaboration between a healthcare institution and a developer of an digital diagnostic system using machine learning or some other form of artificial intelligence. The...more

The Data Report Episode 16: The GDPR

by Bilzin Sumberg on

Module Five: International Law (Part I) In this episode, Litigation attorney Jay Ward introduces module five, a four-part series on international law. Jay explores the European Union's General Data Protection Regulation...more

Employee monitoring – avoiding pitfalls in a changing landscape

by White & Case LLP on

Recent developments in case law and regulatory guidance have emphasised the need for employers to be cautious when implementing systems to monitor employees....more

When 2017 Becomes 1984: Facial Recognition Technologies - Face a Growing Legal Landscape

by Patrick Law Group, LLC on

Recently, Stanford University professor and researcher Michal Kosinski caused a stir of epic proportions and conjured up visions of George Orwell’s 1984 in the artificial intelligence (AI) community. Kosinski posited that...more

Will the EU box itself in? Fate of Standard Contractual Clauses (aka the Model Clauses) for personal data transfers is now in the...

Executive summary: The EU’s standard contractual clauses may be on the fast track to invalidation, putting a vast number of personal data transfers from the EEA at risk. A case brought by Maximilian Schrems (whose first...more

Irish High Court Asks European Court to Rule on Legality of EU-US Data Transfers

by Reed Smith on

On 3 October 2017, the Irish High Court held that it is up to the European Court of Justice (“ECJ”) to determine whether Standard Contractual Clauses (“SCCs”) are a valid method of transferring personal data outside of the EU...more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 3 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

Long arm of the law – impact of the GDPR on Middle East organisations

by Dentons on

On 25 May 2018, the General Data Protection Regulation (GDPR) is due to come into effect across European Union (EU) member states. The intent of the GDPR is to replace the current European data protection framework as set...more

GDPR: Good Defense = Prepared + Responsive!

by Taylor English Duma LLP on

If you have any business dealings outside the U.S., you may have heard about shifting data privacy laws in the European Union. The General Data Protection Regulation (GDPR), the new EU-wide privacy rule, comes into effect in...more

Data Processor GDPR Checklist

by Womble Bond Dickinson on

A major change with the GDPR is that data processors now have direct legal obligations under EU privacy law. This is a significant shift from the current EU Directive which only directly obligates the data controllers....more

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