News & Analysis as of September 22, 2024

Data Processors

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

[Webcast Transcript] The State of US Privacy Law: What to Expect in 2023 and Beyond

HaystackID on 10/12/2022

Editor’s Note: On September 29, 2022, HaystackID shared an educational webcast on the topic of US privacy law. As privacy continues to move to the forefront of not only information consideration but of business concern for...more

New European Standard Contractual Clauses Are Not ‘Set and Forget’

Morgan Lewis on 6/15/2021

Importers of EU data will need to analyze each data transfer for compliance with the new Standard Contractual Clauses; solely relying on data subjects’ consents may not be sufficient. Since the European Court of Justice...more

International Data Protection Update – First Quarter 2021

BakerHostetler on 3/30/2021

This quarterly update highlights some of the international data protection issues that have caught our attention, and the attention of our clients, in the past three months....more

Tesla-Fahrzeuge sind wie Elefanten - umweltfreundlich und mit einem langen Daten-Gedächtnis ausgestattet

Spirit Legal on 11/2/2020

Zusammenfassung des Gutenachtens über die Datenverarbeitung und den Datenschutz bei Tesla Fahrzeugen vom 19.10.2020 - „Tesla-Fahrzeuge sind dauernd aktive Datenschleudern mit Langzeitgedächtnis.“ (Weichert, Gutachten über...more

They might be seen as green, but Teslas are like elephants – they never forget

Spirit Legal on 11/2/2020

Summary of expert opinion on data processing and data protection in Tesla vehicles of 19 October 2020 - “Teslas continuously gush data and have a long memory” (translation of Weichert, Gutachten über Datenverarbeitung und...more

U.S. Employers and the GDPR: Where Are We Now?

Epstein Becker & Green on 8/25/2020

Even though the General Data Protection Regulation (“GDPR”) became effective on May 25, 2018, its application to U.S.-based employers continues to evolve and increase in complexity. For U.S. employers of European Union (“EU”)...more

EU’s Highest Court Upends Personal Data Transfers to the United States: Action Steps for U.S. Multinational Employers to Keep HR...

Littler on 7/21/2020

The Court of Justice of the European Union (“CJEU”), on July 16, 2020, invalidated the European Union-U.S. Privacy Shield Framework (“Privacy Shield”), which more than 5,300 U.S. organizations had relied on to lawfully...more

Should I Be Worried About the GDPR? – EDPB’S Guidelines on the GDPR’S Territorial Scope

Hogan Lovells on 12/31/2019

Does the GDPR really apply to my company? From a data protection standpoint, this is the first thing that comes to mind within non-EU companies. In many cases, the GDPR seems like an issue of the Old Continent, so some assume...more

GDPR Guide to National Implementation: Denmark - A practical guide to national GDPR compliance requirements across the EEA

White & Case LLP on 12/5/2019

Q1/ Applicable legislation (a) Have the requirements of the GDPR been addressed by introducing a new law, or by updating existing legislation? New legislation has been passed, and old legislation has been amended. ——— (b)...more

European Data Protection Board Issues Final Guidelines On Extraterritorial Application Of GDPR

Fox Rothschild LLP on 11/15/2019

The European Data Protection Board has issued long-awaited final guidelines for the extraterritorial application of the General Data Protection Regulation (GDPR). Key changes: (1) GDPR can apply extraterritorially to some...more

GDPR Guide to National Implementation - A practical guide to national GDPR compliance requirements across the EEA

White & Case LLP on 11/14/2019

Foreword - European data protection laws have made significant strides in the last two decades. Privacy and data protection laws have undergone dramatic changes over the last 20 years, in a race to keep up with technology....more

European Guidance On Data Controller And Processor Relationship Has Takeaways For GDPR, CCPA Compliance

Fox Rothschild LLP on 11/14/2019

The European Data Protection Supervisor (EDPS) has issued guidance on the concepts of data controller and processor for European Union organizations. Though it covers EU institutions, the guidance contains many concepts that...more

Continuing GDPR Pressure for Adtech

Akin Gump Strauss Hauer & Feld LLP on 8/6/2019

Data protection authorities (DPAs) in the European Union (EU) continue to scrutinize practices in the adtech sector for compliance with the EU’s General Data Protection Regulation (GDPR) and local data protection and...more

EDPB Opinion Provides Guidance On Controller-Processor Agreements Under GDPR

Fox Rothschild LLP on 7/15/2019

The European Data Protection Board (EDPB) has issued an opinion on the standard contractual clauses proposed by the Denmark Data Protection Authority that contains important takeaways for drafting and negotiating of all...more

Analyzing the impact of the EU GDPR on access to WHOIS data, one year on

Hogan Lovells on 6/3/2019

During the Annual INTA 2019 Meeting, a panel was held on the EU General Data Privacy Regulation (GDPR) and the temporary removal of data for the WHOIS directory. IPMT Partner David Taylor spoke on the following GDPR issues...more

A Year of GDPR: Five Recommendations to Help Limit Regulatory Scrutiny

Akin Gump Strauss Hauer & Feld LLP on 5/31/2019

A year ago, on May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) came into force. With its extraterritorial scope and detailed requirements, the GDPR aimed to change the approach to personal data...more

GDPR Year One: Hot Spots for Enforcement Activity

Saul Ewing LLP on 5/30/2019

What can organizations learn from the first year of enforcement of the European Union’s General Data Protection Regulation (GDPR)? Quite a bit, if you pay attention to what the EU government regulators are doing....more

GDPR for Litigators

A&O Shearman on 5/23/2019

Virtually all evidence, whether in litigation or arbitration or relating to investigations carried out by regulators or enforcement authorities, will contain some personal data. A year on from the EU General Data Protection...more

OnRisk: What U.S. Policyholders Should Know About GDPR

K&L Gates LLP on 4/24/2019

In this episode of OnRisk, Lucas Tanglen and Jeff Meagher discuss the cyber insurance implications of the European Union’s new privacy regulation—the General Data Protection Regulation or GDPR. The GDPR, which took effect on...more

Chapter 11: Obligations of processors – Unlocking the EU General Data Protection Regulation

White & Case LLP on 4/18/2019

Why does this topic matter to organisations? Under the GDPR, the concept of a "processor" has not changed. Any entity that was a processor under the Directive likely continues to be a processor under the GDPR. However,...more

Chapter 2: Complying with the GDPR – Unlocking the EU General Data Protection Regulation

White & Case LLP on 4/11/2019

Overview of key issues - The GDPR raises a number of key issues that organisations should consider, including the following...more

GDPR Enforcement Update: Increasing Fines Expected from German DPAs | HL Chronicle of Data Protection

Hogan Lovells on 2/25/2019

Many companies have been struggling with GDPR implementation over the past two years, putting much effort into new roles, privacy concepts, and workflows. ...more

Contract Corner: GDPR and Data Processing Addendums (Part 2 – Commercial Issues)

Morgan Lewis on 12/19/2018

In Part 1 of this series, we looked at the prevalence of standalone data processing addendums (DPAs) as a means to comply with rules on engaging third-party outsourcers under the EU General Data Protection Regulation (GDPR)....more

In or Out? EDPB Publishes Much-Awaited Guidance on GDPR’s Territorial Scope

Faegre Drinker Biddle & Reath LLP on 12/12/2018

The General Data Protection Regulation (GDPR) significantly expanded the territorial scope of EU data protection law. This was intended to ensure comprehensive protection for EU data subjects’ rights and establish a level...more

Update on the GDPR: Six Months in Effect

Butler Snow LLP on 12/7/2018

It has been six months since the European Union’s General Data Protection Regulation (GDPR) took effect on May 25, 2018, but the law is still in the early implementation stage. As discussed in a previous blog post, the GDPR...more

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