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The European Data Protection Board’s Second Report on the EU-U.S. Privacy Shield

The European Data protection Board (“EDPB”), which is composed of representatives of the national data protection authorities, and the European Data Protection Supervisor, adopted its report on the second annual review of the...more

8-in-8 Recent Trends in European Law and Policy Alert Series: The EU's Data Protection Regulatory Big Bang - The GDPR Comes Into...

This is the inaugural issue of WilmerHale’s 8-in-8 Recent Trends in European Law and Policy Alert Series. Over the next eight weeks, our attorneys will share insights on current and emerging issues affecting companies doing...more

The EU’s Data Protection Regulatory Big Bang: The GDPR Comes Into Force

This is the inaugural issue of WilmerHale's 8-in-8 Recent Trends in European Law and Policy Alert Series. Over the next eight weeks, our attorneys will share insights on current and emerging issues affecting companies doing...more

The UK Data Protection Authority Clarifies the Status of the BCRs It Approves

Brexit raises critical issues regarding the future transfer of personal data outside of the EU, not least as to the role of the UK Data Protection Authority, the Information Commissioner’s Office (“ICO”), and as to its...more

The Article 29 Working Party Releases Draft Guidelines on the Application and Setting of Administrative Fines

One of the key components of the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) is its stronger enforcement mechanisms. Administrative fines are one of the most powerful parts of the enforcement...more

The Article 29 Working Party Releases Draft Guidelines on Breach Notification

On October 18, the Article 29 Working Party released its draft of “Guidelines on Personal data breach notification under Regulation 2016/679” (“Guidelines on Personal data breach notification,” WP250). The guidelines are not...more

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

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

European Commission Publishes the Results of its First Annual Review on the Functioning of the EU-US Privacy Shield

On October 18, 2017, the EU Commission (“Commission”) published its report and other working documents (“Report”) on its first annual review of the EU-US Privacy Shield Framework (“Privacy Shield”). The Report summarizes that...more

European Data Protection Supervisor Calls for Additional Changes to Proposed ePrivacy Regulation

The European Data Protection Supervisor (EDPS) has recommended further changes to the proposed ePrivacy Regulation that would have significant impacts on the electronic communication sector and other online companies. In a...more

Data Protection Impact Assessments under GDPR: Article 29 Working Party Adopts Draft Guidelines

The EU General Data Protection Regulation’s (GDPR) requirements are coming into focus quickly as EU data protection authorities continue to issue guidance on different aspects of the law. On April 4, 2017, the Article 29...more

UK ICO and Article 29 Working Party Weigh in on Proposed ePrivacy Regulation

While companies prepare for the EU General Data Protection Regulation (GDPR) to take effect in May 2018, another highly significant item on the agenda is arguably the current review process of the proposal for a Regulation on...more

Article 29 Working Party Releases Procedures, Template Complaint Form for Privacy Shield Complaints

On February 20, 2017, the Article 29 Working Party released procedures and a template complaint form for implementing the EU-US Privacy Shield. The procedures govern the functioning of the informal data protection authority...more

European Commission Proposes New Privacy Rules for Electronic Communications

On January 10, 2017, the European Commission presented its proposal for a Regulation on Privacy and Electronic Communications (the “Proposed Regulation”). The Proposed Regulation would repeal and replace Directive 2002/58/EC...more

The Court of Justice of the European Union Limits the Scope of National Data Retention Laws

On December 21, 2016, the Grand Chamber of the Court of Justice of the European Union handed down another important judgment regarding data privacy in the European Union. The court held that under the Charter on Fundamental...more

The EU’s Article 29 Working Party Releases Guidelines Ahead of GDPR Implementation and Addresses the Privacy Shield

The EU’s Article 29 Working Party (WP29) held a plenary meeting in early December 2016. At the meeting, the WP29 adopted guidelines and issued FAQs relating to the EU General Data Protection Regulation’s (GDPR’s) provisions...more

Privacy Shield Moves Forward, Company Certifications to Begin August 1

The European Commission formally adopted the EU-US Privacy Shield on July 12, 2016, ending months of legal uncertainty with a new framework for governing transatlantic data transfers after the Privacy Safe Harbor framework...more

“Privacy Shield” Framework for Transatlantic Data Transfers Poised to Move Forward

After months of back and forth, an updated version of the EU-US Privacy Shield agreement originally announced in February is on the verge of being formally adopted on Tuesday, July 12, 2016. While the final documents...more

EU Cybersecurity Directive Brings Notification and Security Requirements for Industry

The first European Union-wide rules on cybersecurity have been adopted by the European Parliament. Approved on July 6, 2016, the Directive on Security of Network and Information Systems (NIS Directive) creates new risk...more

European Commission and U.S. Department of Commerce Release Legal Foundation of EU-U.S. Privacy Shield

On Monday, February 29th, the European Commission and U.S. Department of Commerce released a collection of documents summarizing actions taken on both sides of the Atlantic to implement the new Privacy Shield framework. This...more

European Union Reaches Agreement on Data Protection Law Reform

On December 15, 2015, the European Union reached an agreement on the final text of the new General Data Protection Regulation. The Regulation will replace the 1995 Data Protection Directive, which is currently the basis for...more

European Court of Justice Issues Opinion Striking Down the Safe Harbor

In a landmark judgment in Schrems v Data Protection Commissioner (C-362/14) (October 6, 2015) (“Safe Harbor judgment”), the European Court of Justice (“ECJ”) found the Safe Harbor Decision of the European Commission...more

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