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Practical Considerations for Assessing Data Transfers after Schrems II

Latham develops new resource to identify considerations for assessing SCC and BCR data transfers in Europe. Following the Schrems II decision in July 2020, organisations relying on the standard contractual clauses (SCCs) or...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

EDPB Guidelines – What is the Territorial Reach of the GDPR?

After the recent two-year anniversary of the GDPR, one fundamental question remains — who does the GDPR apply to? Last month marked the two-year anniversary of the General Data Protection Regulation (GDPR), but its...more

RuNet Law Comes Into Force: What Is Next

As Russia’s internet law imposes new obligations on technology and infrastructure companies, the Russian government considers subordinate legislation. On November 1, 2019, the majority of provisions of Russia’s internet...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

High GDPR Fines: German Data Protection Authority Joins the Club

Following in the footsteps of the CNIL and the ICO, the Berlin DPA will impose a multimillion-euro fine for breach of the GDPR. The Berlin Data Protection Authority (Berlin DPA) recently announced that it will issue a...more

Cybersecurity: UK Government Releases Response to Public Consultation on NIS Directive

Proposed changes provide indication of the yet-to-be-published contents of the NIS Directive’s implementing regulation. The UK government moved closer to implementing the Security of Network and Information Systems...more

GDPR Countdown: Latham’s National Implementation Tracker

The EU General Data Protection Regulation (GDPR) will come into force in May 2018, changing how businesses and the public sector manage customer information. With seven months before the deadline, governments, supervisory...more

How to Comply with the New General Data Protection Regulation: A Q&A with Partner Gail Crawford and Counsel Ulrich Wuermeling

In less than one year, from 25 May 2018, the General Data Protection Regulation (GDPR or Regulation) will become enforceable. The GDPR introduces a rigorous, far-reaching privacy framework for businesses that operate, target...more

The Countdown Continues: One Year to the GDPR

The General Data Protection Regulation (GDPR or Regulation) will become applicable in one year, as of May 25, 2018. A lot has happened since we set out the key provisions of the Regulation last year....more

Germany Implements GDPR

Well ahead of the implementation deadline for the European General Data Protection Regulation (GDPR), the German Parliament (Bundestag) passed a new Federal Data Protection Act (Bundesdatenschutzgesetz) on April 27, 2017. The...more

European Commission Proposes ePrivacy Regulation

On January 10, 2017, the European Commission proposed a new ePrivacy Regulation (Proposal). Compared to the internal draft that was leaked in December, the official Proposal has been substantially modified....more

Leaked Draft ePrivacy Regulation: What to Expect from the New Rules

An internal Commission draft of a new ePrivacy Regulation (Draft) has been leaked to the public. The Commission plans to propose it in early 2017, but the content of the Draft does not seem near a final proposal. It is either...more

Anonymous or Not: Court of Justice Issues Ruling on IP Addresses

On October 19, 2016, the Court of Justice of the European Union (CJEU) issued a ruling on the question of whether IP addresses constitute personal data. The ruling has direct implications on the general question of when data...more

BREXIT – What does this mean for UK Data Protection law?

As the whole world now knows, the UK voted to leave the European Union (EU) in its historic referendum on 23rd June by a vote of 51.9 percent in favour of “leave” to 48.1 in favour of “remain”. This blog focusses on how that...more

Privacy Shield is on its Way

On March 17, 2016, the Civil Liberties Committee convened to discuss whether the Privacy Shield framework that will replace Safe Harbor provides adequate protection to the data of EU citizens. A number of experts were...more

Proposal of EU-US Privacy Shield Leaves Businesses in State of Uncertainty

Earlier this week, the European Commission announced that a “political” agreement has been reached on a new framework for data flows from the EU to the US. The announcement highlights a few changes from the old Safe Harbor...more

Political Agreement on European Data Protection Regulation

A political compromise has been reached on the new European Data Protection Regulation. On December 15, 2015, the negotiators in the so-called “informal trilogue” between the Council, the Parliament and the European...more

Final Negotiations on European Data Protection Regulation

Almost four years after the European Commission introduced their draft for a new European Data Protection Regulation, negotiators of the European Parliament and Council are close to agreeing on a compromise text, set for...more

European Commission Defends Model Contracts

On November 6, the European Commission issued a comprehensive Communication on the consequences of the Schrems Judgment of the Court of Justice of the European Union (ECJ). In the Communication, the Commission puts national...more

European Commission Pushes New Agreement with the US

On October 26, the European Commissioner Vera Jourová addressed the Parliament Committee on Civil Liberties, Justice and Home Affairs to discuss the consequences of the Schrems Judgment of the Court of Justice of the European...more

German Data Protection Authorities: Hope for Model Contracts?

An early Position Paper of the German data protection authority of Schleswig-Holstein on the Schrems Judgment of the Court of Justice of the European Union (ECJ) gave little hope for practical alternatives to Safe Harbor. On...more

European Data Protection Authorities Grant Grace Period Until End of January 2016

The so called Article 29 Working Party met on October 15, 2015 to discuss the consequences of the Schrems Judgment of the European Court of Justice (ECJ). On October 16, 2015, the Working Party published a Statement...more

European Court of Justice: Safe Harbor Decision Is Invalid!

On October 6, the European Court of Justice ruled that Decision 2000/520 of the European Commission, which stated that Safe Harbor-certified US companies provide adequate protection for personal data transferred to them from...more

European Court of Justice Advocate General Opinion: The End of Safe Harbor?

On September 23, the European Court of Justice heard the case which will determine whether US companies can rely on Safe Harbor as a measure to provide adequate privacy protection for personal data imported from the European...more

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