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Draft EDPB Guidelines Clarify the Roles of Parties Processing Personal Data and Call for Detailed Data Processing Agreements

On September 7, 2020, the European Data Protection Board (EDPB) published draft guidelines (Guidelines) intended to clarify the roles of the parties processing personal data and when they are operating as controllers, joint...more

Initial Reaction of European Data Protection Regulators to Schrems 2.0 Judgment

Over the last few days, the European Data Protection Board (EDPB), the European Data Protection Supervisor (EDPS) and various Supervisory Authorities (SAs) across Europe issued statements addressing the decision of the...more

Selected EU Data Protection Frequently Asked Questions on COVID-19

The COVID-19 virus outbreak poses serious challenges to businesses operating globally, including in Europe. In response to the outbreak, governments worldwide are taking increasingly severe measures to fight the pandemic, and...more

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

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

Schrems 2.0: AG Opines That Data Transfers to U.S. Are Valid Under Standard Contractual Clauses

On December 19, 2019, in the Facebook Ireland and Schrems (Schrems 2.0) case, the Advocate General (AG) to the European Court of Justice (ECJ)—European Union's highest court—opined that the EU Standard Contractual Clauses...more

The EU Cybersecurity Act Introduces Certifications and the New Cybersecurity Agency

On June 27, 2019, the EU Regulation on Information and Communication Technology (Cybersecurity Act or Act) became effective introducing, for the first time, EU-wide rules for the cybersecurity certification of products and...more

The Impact of Brexit on Data Protection Law and Your Business

The UK's pending exit from the European Union on March 29, 2019, will have far-reaching effects on many business activities, including the processing of personal data. While the ultimate legal implications are subject to...more

European Court of Justice Dismisses Privacy Class Action Against Facebook but Allows Max Schrems to Sue in Austria

In yet another round of Schrems versus Facebook, on January 25, 2018, the Court of Justice of the European Union (CJEU) ruled that privacy activist Max Schrems is a consumer with regard to his Facebook profile despite his...more

European Court of Justice to Rule on Validity of Standard Contractual Clauses

On October 3, 2017, the High Court of Ireland issued its decision in Data Protection Commissioner vs Facebook and Schrems1 concerning the validity of the EU Standard Contractual Clauses (SCCs)—a mechanism used by a very large...more

New EU e-Privacy Regulation: European Parliament Committee Publishes Draft Report

The EU Parliament Committee in charge of reviewing the EU Commission's Proposal for an e-Privacy Regulation (Proposal) released a Draft Report proposing amendments this week....more

Article 29 Working Party Issues Statement Following Adoption of EU-U.S. Privacy Shield

On July 26, 2016, the body of European Data Protection Authorities (DPAs)—the "Article 29 Working Party" (WP29)—issued a statement commending the improvements made to the EU-U.S. Privacy Shield (Privacy Shield). Although the...more

The EU-U.S. Privacy Shield Is Adopted and Available as of August 1, 2016

On July 12, 2016, the EU Commission and the U.S. Secretary of Commerce announced the adoption of the EU-U.S. Privacy Shield (Privacy Shield). This announcement follows today's adequacy decision by the College of EU...more

EU Cyber Security and Incident Notification Rules Enacted

On July 6, 2016, the European Parliament adopted the first-ever pan-European law on cyber security. The law, entitled the "Directive on the Security of Network and Information Systems" (NIS Directive), imposes security...more

Uncertainty Increases Around EU-U.S. Data Flows

Two recent developments have significantly increased the already uncertain legal landscape surrounding transatlantic data flows. Earlier today, the EU Parliament voted out a resolution calling on the European Commission (EU...more

New EU Data Protection Regulation Is Now Enacted

On April 14, 2016, the European Parliament formally adopted the General Data Protection Regulation (GDPR). With this vote, the new EU data protection legal framework will become legally effective in two years and 20 days from...more

Article 29 Working Party Calls for Improvements to the EU-U.S. Privacy Shield

On April 13, 2016, the body of European Data Protection Authorities (DPAs)—the "Article 29 Working Party" (WP29)—issued its opinion on the new EU-U.S. Privacy Shield.1 The WP29 acknowledged that progress has been made with...more

The WSGR Data Advisor - February 2016

With a new year come exciting new developments in the world of privacy and data protection. We are thrilled to announce the launch of the digital version of The WSGR Data Advisor. Please visit our site for the latest news and...more

EU Data Protection Authorities Issue Statement Following Agreement on EU-U.S. Privacy Shield

On February 3, 2016, the body of European data protection regulators—called the "Article 29 Working Party" (WP29)—issued a statement following the announcement of a political agreement regarding a new transatlantic data...more

EU and U.S. Reach a Political Agreement on Transatlantic Data Transfer Deal

On February 2, 2016, the European Commission (EU Commission) announced that a political agreement on a new legal framework for data transfers has been reached between the European Union (EU) and the U.S.1 Today's agreement...more

Political Agreement Reached for New EU Data Protection Regulation—Official Adoption Around the Corner

On December 15, 2015, the European Parliament and the Council of the European Union (Council) reached a political agreement on the future EU data protection legal framework. This is a significant step towards adoption of the...more

The WSGR Data Advisor - November 2015

The last two months certainly have been eventful in the world of privacy. In this issue of The WSGR Data Advisor, we examine the Court of Justice of the European Union’s recent and highly significant Schrems decision that...more

EU Data Protection Authorities Issue Statement Following Schrems Decision

On October 16, 2015, the body of European data protection regulators (Article 29 Working Party or WP29) issued a statement on the implementation of the judgement of the Court of Justice of the European Union (CJEU) in...more

EU's Highest Court Declares Safe Harbor Invalid

Today, the Court of Justice of the European Union (CJEU), the EU's highest court, issued a groundbreaking decision that invalidates the EU-U.S. Safe Harbor program. Given the widespread reliance on the Safe Harbor framework...more

Advocate General Advises EU's Highest Court to Deem Safe Harbor Invalid and to Allow EU Data Protection Authorities to Suspend...

Today, the Advocate General of the Court of Justice of the European Union (CJEU, the EU's highest court) issued a far-reaching opinion1 that has significant implications for the EU-U.S. Safe Harbor program and data transfers...more

The WSGR Data Advisor - September 2015

In this issue of The WSGR Data Advisor, we examine the FCC’s recent TCPA declaratory ruling and order addressing issues regarding calling and texting consumers, and discuss the new privacy, data security, and transparency...more

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