News & Analysis as of

Court of Justice of the European Union (CJEU) European Union General Data Protection Regulation (GDPR)

A&O Shearman

CJEU Commercial interests of controller can serve as a legitimate interest

A&O Shearman on

The CJEU considered: (a) whether a legitimate interest of the controller or third party must be determined by law, and (b) whether provision of personal data of the members of a sports federation to third parties in return...more

A&O Shearman

CJEU issues judgement in two joined cases on right to compensation for non-material damage for identity theft

A&O Shearman on

On June 20, 2024, the Court of Justice of the European Union (‘CJEU’) issued its judgment in two joined cases C-182/22 and C-189/22, Scalable Capital, on the right to compensation for non-material damages under Article 82(1)...more

A&O Shearman

High Court clarifies scope of data subject’s right to know specific recipients of their personal data

A&O Shearman on

On 7 June 2024, in the case of Harrison v Cameron & Another, the High Court ruled that, in the context of a data subject access request under Article 15 UK GDPR, data subjects are entitled in principle to know the specific...more

BCLP

Auction of Personal Data: Clarification of the Concepts of Personal Data and Data Controller

BCLP on

On 7 March 2024, the Court of Justice of the European Union issued a ruling (C-604/22 | IAB Europe) clarifying the concepts of personal data and controller in the context of the use of a Transparency and Consent Framework...more

Orrick, Herrington & Sutcliffe LLP

CJEU Issues Landmark Adtech Decision on Personal Data and Joint Control with Broad Implications: What You Need to Know and Do

The Court of Justice of the European Union (CJEU) has made a landmark decision (7 March 2024, C-604/22) on the intricacies of adtech, personal data, and joint control against the background of the General Data Protection...more

Morgan Lewis - Tech & Sourcing

European Court Ruling Impacts Digital Advertising Practices

The European Court of Justice (CJEU) recently issued a significant final decision affecting the online advertising industry, particularly concerning the Transparency and Consent Framework (TCF) developed by the Interactive...more

A&O Shearman

CJEU publishes AG opinion on sale of a database of personal data

A&O Shearman on

The Court of Justice of the European Union (CJEU) published the Advocate General's Opinion on whether the GDPR would restrict the sale of a database by court enforcement officers to satisfy creditor claims without the consent...more

Morgan Lewis

EU’s Highest Court Expands EU GDPR Restrictions on Automated Decision-Making, Profiling, and AI

Morgan Lewis on

A recent decision by the Court of Justice of the European Union will extend the EU General Data Protection Regulation’s automated decision-making restrictions to many present and future use cases of such technologies. While...more

Sheppard Mullin Richter & Hampton LLP

CJEU Decision Will Have Impact on Potential Fine Setting Under GDPR

The Court of Justice of the European Union (CJEU) clarified in two judgments in the last month of 2023 (Deutsche Wohnen, ECLI:EU:C:2023:950 [DW] and Nacionalinis visuomenės sveikatos centras, ECLI:EU:C:2023:949 [NVSC]) the...more

A&O Shearman

Automated decision making is under scrutiny in the EU and how is it addressed in other jurisdictions

A&O Shearman on

Alongside the recent CJEU judgment on automated decision making in Schufa (see the Allen & Overy blog ) there are a range of developments related to ADM in other jurisdictions. UK developments - The UK Parliament is...more

A&O Shearman

CJEU rules that a credit score constitutes automated decision making under the GDPR

A&O Shearman on

On 7 December 2023, the Court of Justice of the European Union (CJEU) issued a landmark judgment on Article 22 of the General Data Protection Regulation (GDPR), focused on decision making based solely on automated processing...more

Alston & Bird

EU’s Highest Court Issues Major AI Decision With Wide-Reaching Impact

Alston & Bird on

On 7 December 2023, the Court of Justice of the European Union (CJEU) issued an important decision on how the GDPR governs AI-assisted decisions. The case arose in the financial services context, with the court holding that...more

Dechert LLP

Dechert Cyber Bits - Key Developments in Privacy & Cybersecurity - Issue 46

Dechert LLP on

EU AI Act: Political Agreement Reached on Terms of Landmark Legislation - Negotiators for the European Council and the European Parliament have reached political agreement on the provisions of the EU Artificial...more

Orrick, Herrington & Sutcliffe LLP

Landmark Ruling: The Court of Justice of the European Union Rejects Strict Liability in the General Data Protection Regulation

In this Essential Guide, which is part of Orrick’s Cybersecurity & Privacy Compass Series, we will provide insight into the potential fines that companies may face for violating the General Data Protection Regulation...more

White & Case LLP

The UK-US Data Bridge: Practical Considerations for UK Organisations

White & Case LLP on

The UK-US Data Bridge (the "Data Bridge") has now come into effect, potentially simplifying transfers of personal data from the UK to the US. On 12 October 2023, the Data Bridge took effect. The Data Bridge allows UK...more

K&L Gates LLP

Brussels Regulatory Brief: August-September 2023

K&L Gates LLP on

ANTITRUST AND COMPETITION - The European Commission’s Merger Simplification Package Enters Into Force - On 20 April 2023, the European Commission (Commission) adopted a new legislative package that entered into force on 1...more

Foley Hoag LLP - Security, Privacy and the...

New EU-US Data Privacy Framework Promises Greater Ease for Cross-Border Transfers, but Uncertainty Remains

On July 10, 2023, the European Commission (EC) adopted its adequacy decision for the EU-U.S. Data Privacy Framework (EU-U.S. DPF, or “Privacy Framework”), which establishes the Privacy Framework as an authorized mechanism...more

Seyfarth Shaw LLP

Adequacy for the US (kind of) – But What Are the Side Effects?

Seyfarth Shaw LLP on

On July 10th, the European Commission issued its Implementing Decision regarding the adequacy of the EU-UD Data Privacy Framework (“DPF”). The Decision has been eagerly awaited by US and Europe based commerce, hoping it will...more

Bond Schoeneck & King PLLC

Data Transfers Permitted Across the Pond via New EU-U.S. Data Privacy Framework

On July 10, 2023, the European Commission adopted its adequacy decision on data transfers for the EU-U.S. (European Union/United States) Data Privacy Framework (DPF). The adequacy decision concluded that the United States...more

Barnea Jaffa Lande & Co.

New EU-US Data Privacy Framework (DPF)

The European Commission published a very significant adequacy decision last week, which is expected to facilitate transfers of personal information from Europe to the United States. The decision came as part of the...more

Bass, Berry & Sims PLC

Is the Third Time the Charm? The EU-US Data Privacy Framework

Bass, Berry & Sims PLC on

On July 10, the European Commission issued an adequacy decision on the EU-US Data Privacy Framework (DPF), ensuring adequate protection for personal data transferred from the European Union to the United States. This decision...more

K&L Gates LLP

New EU-US Data Privacy Framework—Reliable Solution for Transatlantic Data Transfers or Gateway to Schrems III?

K&L Gates LLP on

In a Nutshell - On 10 July 2023—nearly three years to the day after the Schrems II decision of the Court of Justice for the European Union (CJEU) (Schrems II Decision, see our Alert here)—the EU Commission has adopted the...more

McDermott Will & Emery

EU Top Court Sheds Light on Untested Crossroads Between Competition and Privacy Law

McDermott Will & Emery on

On July 4, 2023, the Court of Justice of the European Union (CJEU) issued a ruling in the case involving Meta Platforms Inc., Meta Platforms Ireland, and Facebook Deutschland (Meta). The judgement explores the intersection of...more

WilmerHale

Significant improvements for international transfers of personal data - adequacy decision for the new EU-U.S. Data Privacy...

WilmerHale on

On July 10, 2023, the European Commission adopted its long-awaited adequacy decision for the EU-U.S. Data Privacy Framework (“Adequacy Decision”). This ends a three-year journey to set up a successor to the EU-U.S. Privacy...more

Constangy, Brooks, Smith & Prophete, LLP

European Court of Justice rules on compensation and right to access under GDPR

The European Court of Justice has issued two important decisions interpreting the European Union’s General Data Protection Regulation. One addresses the right to compensation for GDPR violations, and the other addresses the...more

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