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Recent decisions by the French data protection authority (CNIL) have highlighted the importance of GDPR compliance, particularly in the areas of data retention, consent for processing sensitive personal data, and marketing...more
In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data...more
On 1 July 2024, the European Commission (the ‘Commission’) announced its preliminary findings in an investigation of a leading social media platform, concluding that its ‘pay or consent’ advertising model implemented in the...more
Introduction - Data protection is being driven by rapid technological advances and the increasing digitalization of society. Data protection legislation in Portugal is aligned with European Union law, in particular with...more
Introduction - The General Data Protection Regulation (Regulation (EU) 2016/679) is the EU regulation which is directly applicable in all member states of the EU, including the Czech Republic, as of 25 May 2018. The new...more
Challenges may arise when conducting an internal investigation related to an underlying disclosure by a whistleblower pursuant to the EU Directive, because companies must strictly comply with the GDPR. Failure to comply with...more
On January 16, 2024, New Jersey became the first state to enact a comprehensive data privacy law in the new year, with Gov. Phil Murphy (D-NJ) signing the New Jersey Privacy Act (NJPA) (SB 332) into law. The New Jersey law...more
While the reform is a long way away from a certainty, it represents a departure of the UK from the EU’s strict adherence and adoption of the General Data Protection Regulation which came into effect in 2018. Earlier this...more
On 3 May 2022, the European Commission launched its proposal for a Regulation for the European Health Data Space to “unleash the full potential of health data”. However, questions arise as to whether this proposal is a...more
Specifically, the group is alleging that websites are commonly using deceptive cookie banners that do not adhere to the GDPR’s express consent requirements. In early August, the European Union data protection advocacy...more
...This session, led by industry-acknowledged experts in areas ranging from data protection and privacy to data transfer and legal discovery, provided a professional forum for the explanation of the best approaches,...more
European regulators unofficially announced the major theme of this new year, through the release of several decisions pertaining to cookies and other tracking technologies in the first 10 days of 2022. As the General Data...more
The German Data Protection Conference (DSK) issued guidance on the Federal Act on the Regulation of Data Protection and Privacy in Telecommunications and Telemedia (‘TTDSG’), which went into effect on December 1, 2021...more
Earlier this year, the European Data Protection Board (“EDPB”) issued additional guidance on the application of the General Data Protection Regulation (“GDPR”) in the area of scientific health research. In key takeaways...more
The Council of the European Union (Council) released a new draft of the ePrivacy Regulation (Council doc. 5642/21) on January 5, 2021. Various versions of the ePrivacy Regulation have been under consideration in the Council...more
On 7 December 2020, the French supervisory authority CNIL (Commission nationale de l’informatique et des libertés, French data protection authority) imposed substantive fines on Amazon and Google for allegedly placing...more
Open banking is an important driver of the fintech revolution. Regulators have recognised open banking as a means of introducing competition and innovation in the banking sector. Likewise, fintechs are seizing the...more
Parties in the US are allowed broad and liberal discovery of electronically stored information (ESI) relevant and proportional to the claims and defenses in a legal action. When a US-based litigant seeks ESI stored in other...more
On 23 June 2020 the German Federal Court of Justice (Bundesgerichtshof, BGH) orally announced its decision in the interim proceedings initiated by Facebook against the prohibition and cessation orders of the German Federal...more
McDermott Will & Emery a le plaisir de vous convier à un webinaire sur le thème "Ce que vous avez peut-être manqué des actualités RGPD: la montée en puissance de l’accountability?" qui abordera les thèmes suivants: -...more
In our latest webinar we will be examining what you may have missed in the development of GDPR in the current global landscape, focusing in particular on: - Data transfers outside the EU: what to do with its standard...more
On May 4, 2020, the European Data Protection Board (EDPB) adopted updated guidelines on consent under the General Data Protection Regulation (GDPR), in Guidelines 05/2020. The Guidelines clarify existing guidance issued in...more
On May 4, 2020, the European Data Protection Board adopted updated guidelines on what does and does not constitute consent under the General Data Protection Regulation (GDPR) in certain situations. Consent is one of the...more
The Situation: On July 4, 2019, the French data protection authority ("CNIL") published revised guidelines on the implementation of cookies or similar tracking technologies in order to take into account the new requirements...more
The European Data Protection Supervisor, the independent European Union authority responsible for data protection regulatory oversight, issued a preliminary opinion on data protection and scientific research. The Opinion...more