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EU Data Protection Regulators Publish Additional Guidance On The EU-U.S. Data Privacy Framework

Last month, the European Data Protection Board – which is composed of the national data protection authorities (‘Supervisory Authorities’) of the countries in the European Economic Area (‘EEA’), as well as the European Data...more

Dutch Data Protection Authority Warns that Using AI Chatbots Can Lead to Personal Data Breaches

On August 6th, the Dutch Data Protection Authority (DPA) issued guidance cautioning companies about the potential data protection risks associated with the use of Artificial Intelligence (AI)-powered chatbots....more

Are You Using EU Standard Contractual Clauses for Data Transfers? Be Aware of these Breach Notification Requirements

It has become common knowledge that the General Data Protection Regulation (2016/679) (GDPR) heavily restricts transfers of personal data outside of the European Union (EU). In the absence of an adequacy decision by the...more

What You Should Know About the EU Data Governance Act

Last month, the European Union’s new Data Governance Act (DGA) came into effect. Our Privacy, Cyber & Data Strategy Group provides an overview of the key features of the DGA and discusses how the new law may impact businesses...more

UK Government Makes a Bridge to The EU-U.S. Data Privacy Framework

On 21 September 2023, the UK Government adopted the Data Protection (Adequacy) Regulations 2023, also referred to as the “UK-U.S. Data Bridge”. The UK-U.S. Data Bridge will allow companies to legitimately transfer personal...more

EU-U.S. Data Privacy Framework vs. EU Standard Contractual Clauses for Transatlantic Transfers of Personal Data

The European Commission has approved the EU-U.S. Data Privacy Framework (DPF) for transferring data from the EU to the United States. Our Privacy, Cyber & Data Strategy Team discusses what companies should consider when...more

Council of Europe Launches Model Contractual Clauses for Transfers of Personal Data

On June 16, 2023, the Council of Europe’s Committee of Convention 108+ (i.e., the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data) adopted Model Contractual Clauses for...more

Joint Regulatory Guidance Aims to Help Companies Transfer Personal Data Across ASEAN and EU Member States

On May 23, 2023, the European Commission together with ASEAN (the Association of Southeast Asian Nations) published guidance that identifies commonalities and differences between the EU Standard Contractual Clauses for...more

European Commission Takes Significant Step Towards New Solution for Transatlantic Transfers of Personal Data

What Happened? On December 13, 2022, the European Commission (the “Commission”) took a significant step towards the adoption of the EU-U.S. Data Privacy Framework (“DPF”). The DPF is a new framework designed to replace the...more

EU and U.S. Reach Agreement In Principle on a Replacement for the EU-U.S. Privacy Shield

On March 25, 2022, the European Commission and the United States announced that they have reached an “agreement in principle” on a replacement for the EU-U.S. Privacy Shield, which was invalidated by the Court of Justice of...more

Italian Supervisory Authority Imposes 20 Million EUR Fine on Controller Outside of Europe

The Italian Garante per la Protezione dei dati Personali (‘Italian SA’) published a decision of February 10, 2022 in which it imposes a 20 million EUR fine on a company outside of Europe for violation of the EU General Data...more

EDPB Issues Draft Guidelines on Data Subject Access Rights

On January 28, 2022, the European Data Protection Board (“EDPB”) published draft regulatory guidelines (“draft guidance”) on the right of data subjects to have access to their personal data under the EU General Data...more

EDPB Issues New Guidance for Assessing Personal Data Breaches under the EU GDPR

On Monday, 3 January 2022, the European Data Protection Board (“EDPB”) published the finalized version of its regulatory guidance entitled “Examples regarding Personal Data Breach Notification” (the “Guidelines”), following a...more

EDPB Issues Draft Guidelines on the Interplay Between the GDPR’s Provisions on Territorial Scope and International Data Transfers

On November 18, the European Data Protection Board (“EDPB”) released draft guidelines on the interplay between Article 3 GDPR – which sets out the GDPR’s territorial scope – and the provisions in Chapter V of the GDPR, which...more

Belgian Supreme Court Rules That Data Protection Authority May Impose Administrative Fines Even Where a Data Subject’s Personal...

The Belgian Supreme Court ruled in a judgment of Oct. 7, 2021 that a data subject has the right to lodge a complaint with the Data Protection Authority against a processing practice that violates the GDPR (in this case, the...more

European Commission Adopts Draft UK Adequacy Decision

On February 19, 2021, the European Commission adopted a draft ‘adequacy decision’ in favor of the UK. The adoption of the draft adequacy decision marks the first step in ensuring the continued free flow of personal data from...more

Brexit Trade Agreement Provides a Temporary Solution for Companies Transferring Personal Data from the EEA to the UK

On December 24, 2020, the EU and the UK reached an agreement on the terms of their future cooperation following the end of the Brexit Transition Period (i.e., following 31 December 2020). The EU-UK Trade and Cooperation...more

UK ICO Publishes New Data Sharing Code

On December 17, 2020, the UK Information Commissioner’s Office (‘ICO’) published its Data Sharing Code of Practice (the ‘Code’) following a public consultation which commenced in 2019. The Code focuses mainly on data sharing...more

Brexit and Data Protection: What You Need to Know

With the end of the Brexit transition period around the corner, companies doing business in the EU and UK must prepare for data protection change – and not only international data transfers. Our Privacy & Data Security Team...more

Breach Notification in the EU and U.S.: Practical Implications of 5 Key Distinctions

When it comes to data breach notification laws, differences between the patchwork of U.S. state laws and the EU’s General Data Protection Regulation can impact the focus of and approach to an investigation. Our Privacy & Data...more

European Commission Publishes Draft ‘Article 28’ Standard Contractual Clauses

In addition to issuing new (draft) standard contractual clauses for transferring personal data outside of the EEA, on November 12, the European Commission published a draft decision on standard contractual clauses between...more

EDPB Publishes Draft Guidelines on the Concepts of Controller and Processor

The European Data Protection Board (“EDPB”) has published draft guidelines on the concepts of controller and processor for public consultation. While its predecessor – the Article 29 Working Party – had issued guidance on the...more

European Data Protection Board Statement Provides Preliminary Insight into Use of Standard Contractual Clauses Following Schrems...

On July 17, 2020, the European Data Protection Board (‘EDPB’) published a statement on the outcome of the Schrems II judgment, passed by the Court of Justice of the European Union (‘CJEU’) the day before. The judgment...more

Schrems 2.0: CJEU invalidates EU-US Privacy Shield and Emphasizes Exporter Obligations When Using Standard Contractual Clauses

Executive Summary - The Court of Justice of the European Union (‘CJEU’) handed down its long-awaited judgment in the ‘Schrems 2.0’ Case (Facebook Ireland and Schrems (Case C-311/18)), about the validity of two means of...more

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