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VG Bild-Kunst: Practical implications of the CJEU’s latest decision on linking and framing

This recent CJEU decision raises a number of considerations for content rights holders and for those seeking to link to content online, across both the EU and the UK - Under UK and European laws, the rights of copyright...more

The EU’s Proposed Digital Services Act: New Obligations and Sanctions for Online Platforms

Proposal for the Digital Services Act - The long-awaited update to the e-Commerce Directive proposes new obligations for online platforms and changes to the ‘safe harbours’ from liability for infringing content. On 15...more

Data Protection Brexit Checklist: Businesses Can Rely on Personal Data Transfer Grace Period

As the Brexit transition period draws to a close, businesses will need to consider their data protection efforts to comply with both UK and EU regimes. The end of the Brexit transition period on 31 December 2020 will have...more

The Commission’s Draft Updated Standard Contractual Clauses - A Close Look

The European Commission has published draft updated standard contractual clauses in light of the Schrems II decision. On 12 November 2020, the European Commission (the Commission) published a draft implementing decision,...more

The EDPB’s Draft Data Transfer Guidance Follows Schrems II – A Close Look

The EDPB takes a strict approach in its recent guidance on international data transfers following Schrems II, posing a difficult challenge for businesses. On 10 November, the European Data Protection Board (EDPB) released...more

Privacy and Payments: New Draft EU Advice for Financial Institutions

As contactless transactions boom, EU regulators publish draft guidelines on the interplay between the GDPR and PSD2. Last year, more than half of all payments in the UK were made by card and contactless methods, while cash...more

Swiss Regulator Determines Swiss-US Privacy Shield Is Inadequate

Swiss companies are advised to take additional measures when transferring personal data from Switzerland to the US. On 8 September 2020, the Swiss data protection authority, Adrian Lobsiger (the Federal Data Protection and...more

CJEU Invalidates EU-US Privacy Shield

A ruling by the EU’s top court invalidates the key mechanism for transferring personal data from the EU to the US and imposes additional conditions for use of the standard contractual clauses. On 16 July 2020, the Court of...more

Bank of England Seeks Further Feedback on Migration to Standard Payments Messaging

The BoE is seeking feedback on the Introductory Phase of the ISO 20022 migration, that will create a common language for payments data globally. In 2018, the Bank of England (BoE) consulted on the adoption of ISO 20022 — a...more

PSD2 & Brexit: EU Card Issuers Must Apply SCA to UK Website Purchases Post-Brexit

European Commission confirms SCA measures should apply to EU consumers purchasing from UK websites in the event of a no-deal Brexit. Complex payment processing chains comprise multiple entities operating behind the scenes...more

Big-Ticket Fines and Veil-Piercing Cases Raise Portfolio Company Liability Risks for PE Parents

How can private equity firms identify and mitigate inherited liability risk from vulnerable portfolio companies? Ongoing big ticket regulatory fines coupled with high profile corporate veil cases indicate that private...more

How Are European Supervisory Authorities Exercising Cooperation and Consistency In Practice?

Recent action by the Hamburg authority may present implications for companies regulated by a lead data protection supervisory authority in Europe. A German supervisory authority has initiated an investigation into Google’s...more

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