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In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data...more
Article 5(3) of the EU ePrivacy Directive (ePD) requires consent for tracking cookies (unless exceptions apply). Although this rule is best known as the reason behind ‘cookie’ banners, it is technology neutral and applies to...more
On 14 November 2023, the European Data Protection Board (EDPB) adopted guidelines on the technical scope of Article 5(3) of the ePrivacy Directive (Directive 2002/58/EC, as amended) (ePD). This reflects the EDPB's intent to...more
Clinical trials play a crucial role in the development of new medicines and medical devices, but conducting clinical trials involves ethical, legal, and regulatory challenges. As reported in our latest article, Prevent a...more
On 18 January 2023, the European Data Protection Board (the “EDPB”) announced the adoption of a report on the work undertaken by the Cookie Banner Task Force (the “Task Force”). The Task Force was formed in September 2021 for...more
On 3 May 2022, the European Commission launched its proposal for a Regulation for the European Health Data Space to “unleash the full potential of health data”. However, questions arise as to whether this proposal is a...more
Keypoint: The CPA draft rules are a complex and lengthy set of regulations that, if adopted without substantial modification, will significantly expand the CPA’s requirements and require controllers to carefully consider...more
The German Data Protection Conference (DSK) issued guidance on the Federal Act on the Regulation of Data Protection and Privacy in Telecommunications and Telemedia (‘TTDSG’), which went into effect on December 1, 2021...more
Earlier this year, the European Data Protection Board (“EDPB”) issued additional guidance on the application of the General Data Protection Regulation (“GDPR”) in the area of scientific health research. In key takeaways...more
In this month's edition of our Privacy & Cybersecurity Update, we examine the Seventh Circuit's ruling finding standing for an Illinois Biometric Information Privacy Act claim, the European Data Protection Board's updated...more
On May 4, 2020, the European Data Protection Board (EDPB) adopted two important revisions to its 33-page Guidelines on Consent (Guidelines) under the General Data Protection Regulation (GDPR). The Guidelines are highly...more
On May 4, 2020, the European Data Protection Board (EDPB) adopted updated guidelines on consent under the General Data Protection Regulation (GDPR), in Guidelines 05/2020. The Guidelines clarify existing guidance issued in...more
Following the outbreak of COVID-19 and its development into a global pandemic, organizations have been implementing exceptional measures to safeguard the health of employees, customers and others. Organizations are also...more
In this month's edition of our Privacy & Cybersecurity Update, we examine comments from the California attorney general's office regarding the start date for enforcement of the California Consumer Privacy Act in light of...more
EU Court Allows Class Action to Proceed, Sets Precedent for Future Data Breach Class Actions - A class action brought against Google will be allowed to move forward after the plaintiff’s appeal was permitted, allowing him to...more
On 1 October 2019, the Court of Justice of the European Union (CJEU) issued its long-awaited decision in the case Planet49 (Case C-673/17). The decision clarifies the requirements for valid cookie consent under Directive...more
The closure of four cases involving targeted advertising provides lessons for navigating compliance standards under the GDPR. The recent closure of cases brought by the French Data Protection Authority (CNIL) against four...more
On 23 January 2019, the European Data Protection Board (“EDPB”) issued an opinion on the interplay between the EU General Data Protection Regulation (“GDPR”) and the EU Clinical Trials Regulation (“CTR”). The CTR is not yet...more
On January 23, 2019, the European Data Protection Board (“EDPB”) issued an interesting opinion about personal data processed in relation to clinical trials. The main role of the EDPB – which succeeded the Article 29...more
On January 23, 2019, the European Data Protection Board (“EDPB”), which is composed of representatives of the national data protection authorities and the European Data Protection Supervisor, adopted an Advisory Opinion...more