News & Analysis as of April 30, 2025

Draft Guidance

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EDPB publishes draft Guidelines on personal data in blockchain and a report on AI privacy risks & mitigations in large language...

A&O Shearman on 4/25/2025

On April 14 2025, the European Data Protection Board (EDPB) announced the outcomes of its plenary session that took place on April 8 2025, during which the EDPB adopted draft Guidelines on processing of personal data through...more

EDPB calls for alignment between GDPR and EU digital legislation; adopts draft Guidelines on data transfers to third country...

A&O Shearman on 12/12/2024

On December 2 – 3 2024, the European Data Protection Board (EDPB) met for its 99th plenary session. It subsequently issued several documents, one of which calls for the need for greater alignment between the GDPR and EU...more

The European Data Protection Board publishes draft Guidelines on legitimate interest under GDPR for consultation

A&O Shearman on 10/21/2024

On 9 October 2024, the European Data Protection Board (EDPB) published its draft Guidelines on the processing of personal data based on legitimate interest for public consultation. The draft Guidelines, adopted on 8 October...more

Updated EU Data Transfers Guidance

BCLP on 3/17/2023

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

CPRA Draft Regulations – Next Round(s)

Bass, Berry & Sims PLC on 11/10/2022

It has been a bustling fall for the California Privacy Protection Agency (CPPA or Agency). In the spirit of the upcoming holiday season, the Agency gifted us not one but two rounds of proposed modifications to the regulations...more

EDPB Emphasizes “Dissuasive” Fines in New Draft Guidelines on GDPR Fine Calculation

Latham & Watkins LLP on 6/1/2022

The EDPB sets out relevant steps and factors that EU supervisory authorities should consider when calculating administrative fines under the GDPR. On 16 May 2022, the European Data Protection Board (EDPB) adopted draft...more

ICO consults on new guidance for conducting scientific research under the UK GDPR

Hogan Lovells on 3/2/2022

Research and development, innovation, product and service improvement, AI design and deployment...these are key commercial drivers for the successful modern business. They also underpin technological, medicinal, and other...more

EDPB issues guidelines on right of access under Art. 15 GDPR

White & Case LLP on 2/18/2022

On January 18, 2022, the European Data Protection Board (the "EDPB") issued the Guidelines 01/2022 on data subject rights - Right of access (the "Draft Guidelines"), laying out its interpretation of Article 15 GDPR on the...more

EDPB Issues Draft Guidelines on Data Subject Access Rights

Alston & Bird on 1/31/2022

On January 28, 2022, the European Data Protection Board (“EDPB”) published draft regulatory guidelines (“draft guidance”) on the right of data subjects to have access to their personal data under the EU General Data...more

A Transfer By Any Other Name? EDPB Issues Draft Guidelines to Clarify GDPR Data Transfer Ambiguities

Dechert LLP on 11/30/2021

On November 19 the European Data Protection Board (EDPB) published draft guidelines on the interplay between Article 3 of the GDPR (which establishes the GDPR’s territorial scope), and the GDPR’s international transfer...more

Privacy & Cybersecurity Update - January 2021

Skadden, Arps, Slate, Meagher & Flom LLP on 2/4/2021

In this month's edition, we examine the European Commission's Digital Services Act and its potential regulatory impact, the National Institute of Standards and Technology's draft guidance on internet-of-things devices'...more

EU Data Protection Regulators Issue Critical Draft Guidance on Personal Data Transfers

Mintz - Privacy & Cybersecurity Viewpoints on 11/13/2020

US companies and other organizations whose activities involve the use of personal information from Europe were unsettled by the EU Court of Justice’s July 2020 Schrems II decision that cast doubt on the lawfulness of...more

EU Privacy Regulators Issue Draft Guidelines on Connected Vehicles and Mobility Applications

Wilson Sonsini Goodrich & Rosati on 3/10/2020

On February 7, 2020, the European Data Protection Board (EDPB) published draft guidelines on the processing of personal data in the context of connected vehicles and mobility related applications. If adopted in their current...more

EDPB Publishes Draft Guidelines On Connected Vehicles

Fox Rothschild LLP on 2/12/2020

The European Data Protection Board has published draft guidelines for public comment on the data protection aspects of connected vehicles. Key takeaways: The Relevant Players- Non exhaustive list of stakeholders: vehicle...more

Privacy & Cybersecurity Update - December 2019

Skadden, Arps, Slate, Meagher & Flom LLP on 1/3/2020

In this month's edition of our Privacy & Cybersecurity Update, we take a look at guidance on artificial intelligence released by the U.K. Information Commissioner's Office and the Turing Institute, as well as guidance...more

Right Of Access Under GDPR: Draft Guidance From The UK ICO

Fox Rothschild LLP on 12/30/2019

The United Kingdom's Information Commissioner's Office has issued, for public consultation, draft guidance on the right of access under the General Data Protection Regulation (GDPR). Key takeaways: To Prepare for a Data...more

XAI: Explainable AI – Data Protection Hobbling the Prediction Machine?

White & Case LLP on 12/13/2019

On 2 December 2019, the UK Information Commissioner's Office ("ICO") together with The Alan Turing Institute published1 a three-part consultation (with draft guidance) on explaining decisions made with Artificial Intelligence...more

ICO Issues Draft Guidelines For Data Sharing

Fox Rothschild LLP on 7/17/2019

The UK Information Commissioner’s Office has issued a data sharing code of conduct for public consultation. Key takeaways: When considering sharing data, assess your overall compliance with the data protection...more

EDPB Issues Draft Guidelines On Legal Basis Of Data Processing ‘Necessary For The Performance Of A Contract’

Fox Rothschild LLP on 4/15/2019

The European Data Protection Board (EDPB) has issued draft guidelines on the GDPR legal basis of “necessary for the performance of a contract”....more

European Data Protection Board Provides Clarifications on Territorial Scope of GDPR

Jones Day on 12/19/2018

The Situation: The General Data Protection Regulation has a broad territorial scope and can apply to businesses based outside the European Union. The Result: The European Data Protection Board has provided important...more

European Regulator Issues Draft Guidelines On Territorial Scope Of GDPR

Fox Rothschild LLP on 11/27/2018

Does the EU General Data Protection Regulation (GDPR) apply to me? This is a question with which many U.S.-based companies have been grappling since the GDPR took effect on May 25. Six months later, the European Data...more

Consent under the GDPR: Official Guidance Now Available

Mintz - Privacy & Cybersecurity Viewpoints on 12/19/2017

One of the most striking changes to EU privacy law under the EU’s General Data Protection Regulation (which goes into effect May 25, 2018) is the very strict approach to user consent. For many years, companies operating in...more

The Article 29 Working Party releases draft guidelines on profiling and automated decision-making under the GDPR

WilmerHale on 10/25/2017

On October 18, the Article 29 Working Party released its draft of “ Guidelines on Automated individual decision-making and Profiling for the Purpose of Regulation 2016/679” (“Guidelines on Automated individual decision-making...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 9/14/2017

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

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