General Data Protection Regulation (GDPR), Contract Terms

Data Sharing in Sports Sponsorship Contracts

Morgan Lewis - Tech & Sourcing on 5/7/2025

Sports sponsorship contracts traditionally focus on category exclusivity and entitlements while overlooking data sharing language. However, with the rapid evolution of data usage in the industry, incorporating data sharing...more

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

DLA Piper on 4/17/2025

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

The Data Act: Six Months to Go — But What To Do?

Ropes & Gray LLP on 3/27/2025

Our clients are at the forefront of many of the developments covered by the report. That said, I couldn’t help thinking that the report overlooked a law that takes effect in less than six months’ time and which will have...more

Use of AI in Marketing and Digital Media - 2025 Playbook

BakerHostetler on 1/27/2025

Right now, we are all taking stock of the many important issues and challenges we saw crop up for clients last year, trying to predict what they will face in the coming year, and strategizing about how we can help....more

Oh My Gourd, Another Data Privacy Law?!

Bricker Graydon LLP on 11/26/2024

In 2018, there were two comprehensive state data privacy bills introduced across the United States and a whopping zero were in effect. Fast forward six years and there have been 41 new data privacy bills considered this year...more

EU Standard Contractual Clauses Need Replacing by December 27, 2022

Goodwin on 12/6/2022

On June 4, 2021, the European Commission (the “EC”) abolished the old Standard Contractual Clauses (the “Old SCCs”) and published a new more flexible set of clauses (the “New SCCs”) for companies that wish to export personal...more

Time’s up to renew your EU data transfer clauses! Here are some tips for ‘re-papering’

BCLP on 10/21/2022

With the 27 December 2022 deadline for updating data transfer contracts with the EU SCCs fast approaching, this alert mines European Commission guidance, as well as the team’s experience, and offers some tips for successful...more

Reminder: New Standard Contractual Clauses Took Effect on Sept. 27

Benesch on 10/15/2021

Contracts entered into prior to Sept. 27 will need to be amended to adopt the new standard contractual clauses by Dec. 27, 2022. As of Sept. 27, entities entering new contracts that are subject to the General Data...more

What types of contractual provisions are required for different types of service providers under the GDPR?

BCLP on 5/19/2020

The type of contractual provisions that a company is required by the GDPR to impose upon a service provider differ based upon two primary factors: (1) whether the service provider is a “processor,” a “controller,” or a “joint...more

Influencer Marketing: Top Business and Legal Considerations for 2020

Fenwick & West LLP on 1/25/2020

Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a marketing channel. In addition, marketers are grappling with how to ensure that they and...more

What are the Obligations to Business Partners in the Event of a Data Breach?

BCLP on 1/16/2020

As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

E-Commerce Businesses Beware: The Freedom to Contract does not Trump Reasonable Privacy Expectations

Orrick, Herrington & Sutcliffe LLP on 10/22/2019

The EDPB’s new Guidelines on Article 6(1)(b) may severely limit e-commerce business’ ability to enhance data processing by unilaterally defining contractual services....more

A Likely Crisis for Data Transfers to the UK post “No-Deal Brexit”

Womble Bond Dickinson on 8/29/2019

If your company holds or collects data in the US, the UK and elsewhere in the EU, you should be mapping out how data flows through those jurisdictions in anticipation of the UK “crashing out” of the European Union in October,...more

The Paris District Court Invalidates 38 Clauses of Google+ Terms of Use and Privacy Policy

Foley Hoag LLP - Security, Privacy and the... on 4/16/2019

It has been rough weather for Google in France. Three weeks after the French ?Data Protection Authority imposed a record fine against Google for non-compliance with the GDPR, the Paris District Court (“Tribunal de Grande...more

California and European Privacy FAQs: If a Service Provider has already agreed to a Data Processing Addendum that complies with...

BCLP on 1/17/2019

The California Consumer Privacy Act ("CCPA") was enacted in early 2018 as a political compromise to stave off a poorly drafted, and plaintiff’s friendly ballot initiative. Although the CCPA is scheduled to go into force in...more

"No deal" Brexit Plan of Action

White & Case LLP on 1/17/2019

As the approach of Brexit draws inexorably closer, the continued lack of certainty around what any Brexit withdrawal deal will look like, or indeed whether a deal will be agreed at all, is causing increasing concern among the...more

California and European Privacy FAQs: Can a business unilaterally amend a service provider agreement to incorporate requirements...

BCLP on 1/14/2019

The California Consumer Privacy Act ("CCPA") was enacted in early 2018 as a political compromise to stave off a poorly drafted, and plaintiff’s friendly ballot initiative. Although the CCPA is scheduled to go into force in...more

Contract Corner: UK Issues Updated Guidance on Contracts and the GDPR

Morgan Lewis on 1/11/2019

Towards the end of 2018 we ran a series of Contract Corner blog posts on the GDPR and Data Processing Addendums. December brought detailed guidance from the UK Information Commission’s Office (ICO) on contracts and GDPR...more

CCPA FAQs: Does the CCPA really require that businesses renegotiate their vendor agreements in the last two weeks of 2018?

BCLP on 12/18/2018

The California Consumer Privacy Act ("CCPA") was enacted in early 2018 as a political compromise to stave off a poorly drafted, and plaintiff’s friendly ballot initiative. Although the CCPA is scheduled to go into force in...more

EU Retail News - March 2018

BCLP on 4/2/2018

It's Not Too Late to Get Ready for the GDPR Caution When Exporting Luxury Goods French Supreme Court Upholds Exclusive Supply Obligation where Necessary to Franchise Network Guest interview with Beth Butterwick, CEO of Karen...more

Have you started auditing your contracts with your service providers that handle EU personal data? UK Information Commissioner’s...

Mintz - Privacy & Cybersecurity Viewpoints on 9/15/2017

Many companies have started the potentially lengthy process of auditing their service provider contracts to make sure that they comply with the requirements of the General Data Protection Regulation, which comes into force on...more

Defining Personal Information

BCLP on 9/6/2017

The terms “personal information,” “personal data,” “personally identifiable information,” and “PII” are often left undefined in contracts and treated as if they were terms of art for which there was a single definition....more

Client Alert: Brexit – What Silicon Valley Needs to Know

Fenwick & West LLP on 7/5/2016

The vote of the UK Electorate to leave the EU has politicians, economists, lawyers and commentators from all sectors speculating on what will happen next and over exactly what period. While it is unlikely that there will be a...more

General Data Protection Regulation (GDPR) › Contract Terms

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