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Data-Scraping: A Clear Limitation by the French Data Protection Authority on Direct Marketing Practices Using Data from Third...

The French Supervisory Authority (CNIL) wrapped up 2020 with a EUR 20,000 fine against NESTOR, a French food preparation and delivery company catering to office employees....more

English High Court Examines Extent of GDPR's Extraterritorial Jurisdiction

When the General Data Protection Regulation (GDPR) came into force throughout the European Union nearly three years ago, one of its most eye-catching features was its extraterritorial jurisdiction provisions. These extend the...more

Cookies: New Awareness Campaign by the French Supervisory Authority

The French Supervisory Authority has set 31 March 2021 as the end of the “reasonable period” to bring websites and mobile applications into compliance. Following the adoption and publication of its updated guidelines along...more

2/24/2021  /  CNIL , Consent , Cookies , Data Protection , France , Websites

What Future For UK-EU Data Flows?

With the Brexit transition period ending on 31 December 2020, and no deal in sight, the future of cross-border data transfers between the European Economic Area (the EEA) and the United Kingdom remains unclear. On 1 January...more

European Data Protection Board Publishes Guidelines on the Concepts of Controller and Processor, Brings New Light on the Notion of...

The European Data Protection Board (EDPB) published two sets of new guidelines on 2 September 2020, on the concepts of controller and processor (Guidelines 07/2020, the Guidelines) and on the targeting of social media users...more

French Data Protection: French Supervisory Authority Publishes Updated Guidance on Cookies and Other Tracking Technologies

Following the French Administrative Supreme Court (Conseil d’État) dated 19 June 2020 (see our alert here), the French Supervisory (CNIL) published on 01 October 2020 its updated guidelines (the Guidelines), replacing its...more

French Administrative Supreme Court Endorses Data Protection Authority's Position on Cookies, Prohibits Prohibition on Cookie...

On 4 July 2019, the French Data Protection (CNIL) published its Guidelines on Cookies and Other Tracking Technologies. The Guidelines further detailed the nature of the interplay between the General Data Protection Regulation...more

EU Data Protection: In a Post-Privacy Shield, Sectorial Code of Conduct Could Lead the Way to Safeguard Data Transfers Outside the...

With the recent decision from the Court of Justice of the European Union invalidating the Privacy Shield framework and subjecting the Standard Contractual Clauses (SCCs) to higher standard of enforcement, global companies...more

EU Data Protection: Standard Contractual Clauses May Have Been Confirmed by the CJEU, But At What Price?

The long awaited Schrems II decision was published by the Court of Justice of the European Union (CJEU) on 16 July 2020, and while it has already been summarized as the death blow to the Privacy Shield framework and the...more

EU Data Protection: Privacy Shield Shattered by the Sword of European Justice - What Comes Next for Transatlantic Dataflows?

In a highly anticipated Schrems II decision, the Court of Justice of the European Union (CJEU) invalidated the Privacy Shield, the legal framework allowing transatlantic exchanges of personal data for commercial purposes...more

COVID-19: French Supervisory Authority Provides Guidance on Personal Data Processing by Employers Amidst Post-Lockdown Return to...

The current COVID-19 pandemic continues to raise many issues on employee privacy and how employers may balance processing their employees’ data with ensuring safety in the workplace. ...more

French Data Protection Authority Releases Position on the Collection of Publicly Available Personal Data

While privacy concerns associated to the implementation of COVID-19 contact tracing apps across the European Union exist, the French Data Protection Authority (CNIL) also released a position paper on the collection of...more

5/27/2020  /  CNIL , Data Protection , France , Web Scraping

COVID-19: When EU Tracking Apps Meet the Pandemic, Trust and Privacy by Design Are the Hosts

As the COVID-19 pandemic continues to spread around the world and cause unprecedented health and economic challenges, technological measures, once thought extreme, are now being deployed for the purposes of contact tracing,...more

COVID-19: Force Majeure and Your IT Project – Seven Things to Consider Before Pulling the Trigger

As the COVID-19 pandemic continues to create disruptions to economies and businesses across the globe, we have found many businesses are facing increasing, and changing, risks in projects they have on foot - and IT projects...more

EU Data Protection: Updated EDPB Guidance on Consent Clarifies the Mechanism for Cookie Consent

Approaching its second anniversary this month, the European General Data Protection Regulation (GDPR) has never been as relevant as in these unprecedented COVID-19 times. While several countries are considering the...more

COVID-19: European Business Continuity While Mitigating Data Protection and Security Challenges From a Distance

With COVID-19 officially declared a pandemic by the World Health Organization, European governments and companies, facing unprecedented challenges, are encouraging their employees to work from home, protect their health and...more

The Privacist - Volume 2

November will see several opportunities to discuss privacy matters in Europe and meet with The Privacist contributors within the K&L Gates’ platform, in connection with the International Association of Privacy Professionals...more

The Privacist - Volume 1

BREXIT: DEAL OR NO-DEAL? DATA IS THE QUESTION - With the Brexit deadline looming ahead on 31 October 2019, the situation seemingly reaches new levels of uncertainty every day. Last week, the U.K. Supreme Court’s eleven...more

Brexit Update

Our original political update was going to be more general in nature covering the turbulent state of British politics and the UK Prime Minister's "Do or Die" determination to leave the EU on 31 October with or without a deal....more

9/4/2019  /  EU , Member State , No-Deal Brexit , UK , UK Brexit

Implementation of the EU “Trademark Package” in France

Further to the adoption of the so-called Trademark Package at the European level, comprised of Regulation no.2015/2424 (as codified by Regulation no.2017/1001 dated 14 June 2017) on European Union (“EU”) Trademarks (the...more

European Data Protection Board Clarifies the Interplay Between the EU Clinical Trials Regulation and the General Data Protection...

On January 23, 2019, the EU Data Protection Board (“EDPB” - the gathering of all European Union (EU) data protection authorities) adopted opinion no. 3/2019 (the “Opinion”) on the interplay between the Clinical Trials...more

GDPR: New Guidelines on Territorial Scope

On November 23, the European Data Protection Board (“EDPB”) - the gathering of all European Union (EU) data protection authorities - adopted new draft guidelines on territorial scope of the GDPR. The EDPB was previously known...more

The New EU-Japan Personal Data Deal: EU and Japan to Each Recognize the Other’s Personal Data Protection System as Equivalent –...

Background - On 17 July 2018, the European Union (the “EU”) and Japan reached an agreement to recognize each other’s data protections systems as “equivalent”, and each commits to complete internal procedures by fall 2018 (the...more

GDPR - What to Expect in France

On July 2, 2018, the French Data Protection Authority (“Commission Nationale de l’Informatique et des Libertés” or “CNIL”) published its yearly thematic guidance for the priority axes of its control activities, notably...more

France's Financial Markets Authority Considers Its Options for Regulating Initial Coin Offerings

On 26 October 2017, France’s Financial Markets Authority, the “Autorité des Marchés Financiers” (“AMF”), published a discussion paper focusing on initial coin offerings (“ICOs”) that highlights the (many) dangers that arise...more

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