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The U.S. State Department Weighs In On Schrems II

“The United States shares the values of rule of law and protection of our democracies with our partners in the European Union (EU). Therefore, we are deeply disappointed that the Court of Justice of the European Union (ECJ)...more

The US Department Of Commerce Makes Its Statement On Schrems II

“The EU-U.S. and Swiss-U.S. Privacy Shield Frameworks were designed by the U.S. Department of Commerce, and the European Commission and Swiss Administration, respectively, to provide companies on both sides of the Atlantic...more

Spain Urges Continent-Wide Approach To Cross-Border Transfers

After a number of data protection authorities issued statements demonstrating differing approaches to cross-border transfers to the U.S. in the wake of the Court of Justice of the European Union’s decision in Schrems II (e.g....more

Ten Tips For Handling EU-US Data Transfers Post Schrems II

In a landmark decision in what is popularly known as the "Schrems II" case, the Court of Justice of the European Union invalidated the EU-U.S. Privacy Shield, the framework that facilitated the transfers of personal data from...more

Governments, Data Protection Authorities React To EU-US Privacy Shield Ruling

The European Court of Justice’s ruling in Schrems II, invalidating the EU-U.S. Privacy Shield framework as a means of transmitting personal data from the EU to the U.S., has drawn swift reaction from data protection...more

EU Court Of Justice Invalidates EU-US Privacy Shield, Now What?

The Court of Justice of the European Union (CJEU), in its decision in the Schrems II case, has invalidated the EU-U.S. Privacy Shield method for cross-border transfer of personal data from the European Union to the United...more

UK Privacy Regulator Issues Data Privacy Guidance For The ‘New Normal’...

As lockdown restrictions ease and businesses begin to reopen, the UK Information Commissioner's Office (ICO) has set out the key steps organizations need to consider around the use of personal information. They are:...more

EDPB: Pandemic Is No Reason To Suspend GDPR

The European Data Protection Board has issued a statement on the adoption by the Hungarian government of derogations from certain data protection and access to information provisions of the European Union's General Data...more

European Data Protection Supervisor: Pandemic Raises Fundamental Rights Questions

The European Data Protection Supervisor weighs the impact of the COVID-19 on future data protection strategy and fundamental rights. “Covid-19 is a game changer. Thinking about the EDPS’ strategy for the next five years, we...more

Catalan DPA Issues Guidelines For COVID-19 Health Data Sharing Under GDPR

Coronavirus and Data Protection guidance from the Catalan Data Protection Authority: •Under Articles 6.1.(e) and 9.2.(i) GDPR, health authorities may share health data when this is needed for reasons of public interest in...more

EDPB Issues Guidance On GDPR Compliance In The Age Of COVID-19

After many data protection authorities (in the European Union and beyond) provided guidance and FAQ's on the relationship between COVID-19 (Coronavirus) and data protection laws (e.g. GDPR), the European Data Protection Board...more

EDPB Publishes Draft Guidelines On Connected Vehicles

The European Data Protection Board has published draft guidelines for public comment on the data protection aspects of connected vehicles. Key takeaways: The Relevant Players- Non exhaustive list of stakeholders: vehicle...more

EDPB: No Immediate Need For New Laws To Address Unfair Algorithms

Speak to me in algorithms. The European Data Protection Board (EDPB) has issued a letter on the appropriateness of the GDPR as a legal framework to protect citizens from unfair algorithms....more

European Data Supervisor Urges Creation Of Less Invasive Digital Business Models

“Perhaps the more urgent need is to share ideas, instead of rushing to share people’s data,” writes European Data Protection Supervisor Wojciech Wiewiórowski. “More than ever, there is a need to illuminate new paths for...more

Dispatches From Day Two Of The IAPP Europe Data Protection Conference

The International Association of Privacy Professionals is holding its 2019 Europe Data Protection Conference in Brussels. Partner Odia Kagan, who is in attendance, shares some takeaways from day two of the event....more

Dispatches From The IAPP Europe Data Protection Conference

The International Association of Privacy Professionals is holding its 2019 Europe Data Protection Conference in Brussels. Partner Odia Kagan, who is in attendance, shares some takeaways from day one of the event....more

European Data Protection Board Issues Final Guidelines On Extraterritorial Application Of GDPR

The European Data Protection Board has issued long-awaited final guidelines for the extraterritorial application of the General Data Protection Regulation (GDPR). Key changes: (1) GDPR can apply extraterritorially to some...more

European Guidance On Data Controller And Processor Relationship Has Takeaways For GDPR, CCPA Compliance

The European Data Protection Supervisor (EDPS) has issued guidance on the concepts of data controller and processor for European Union organizations. Though it covers EU institutions, the guidance contains many concepts that...more

Isle Of Man Issues Guidance On Accountability Under GDPR

The Information Commissioner of the Isle of Man has issued guidance on “accountability” under GDPR. Key takeaways: You need to develop, embed and maintain a culture of data protection in your processing activities, with...more

Key Commercial Takeaways From The European Commission’s Third Annual Report On EU-U.S. Privacy Shield

The European Commission expects the U.S. Department of Commerce (DoC) to request from companies evidence of the privacy provisions of the relevant contracts with third parties to assess compliance with the onward transfer...more

European Commission Issues Third Annual Report On Privacy Shield

Privacy Shield lives to shield another year (Part 1). The European Commission has published its third annual report on Privacy Shield....more

EDPB Guidelines Explain ‘Necessary For The Performance Of A Contract’ Data Processing Basis

The European Data Protection Board (EDPB) has issued final guidelines on the General Data Protection Resolution's (GDPR) legal basis of "Necessary for the Performance of a Contract" (Article 6(1)(b)....more

What Does GDPR Say About Requests For Personal Data Being Used In Machine Learning Training?

The UK’s Information Commissioner’s Office shares its thoughts on the complexity of producing or deleting data used to train machine learning algorithms in data subject requests under GDPR....more

Court Of Justice Of The EU: Detailed Consent Needed For Cookies

The Court of Justice of the European Union has issued its Planet 49 decision. Key takeaways: A pre-checked check box is not sufficient consent for the placement of cookies....more

10/3/2019  /  Consent , Cookies , Cybersecurity , Data Privacy , EU

EU Court Of Justice Issues Long-Awaited Decision On Facebook Likes In Fashion ID Matter

A Facebook “like” is actually more like “in a [Joint Controller] relationship” status, says the Court of Justice of the EU in a long awaited decision in the Fashion ID matter. At issue: The legal framework surrounding...more

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