News & Analysis as of October 31, 2024

Cybersecurity › European Union › Data Controller

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

EDPB Adopts Opinion on the Use of Processors and Sub-processors

Alston & Bird on 10/14/2024

On October 7, 2024, the European Data Protection Board (“EDPB”) adopted an opinion on obligations following from the use of processors and sub-processors (the “Opinion”). The EDPB is the body that seeks to ensure harmonised...more

Cybersecurity: A Critical Element in Your 2025 Business Forecast

Wilson Sonsini Goodrich & Rosati on 10/1/2024

As cyberattacks become more sophisticated, cybersecurity remains a top concern for regulators, consumers, business partners, and investors. Weak security can cause substantial harm to a company and lead to litigation,...more

Legislative Update: Swiss Data Protection Act took effect September 1

Constangy, Brooks, Smith & Prophete, LLP on 9/11/2023

The new Swiss Federal Act on Data Protection, known by the acronym “nFADP,” took effect on September 1. The law was enacted by the Swiss parliament in 2020. The law introduces new rights for Swiss citizens, but also...more

GDPR Compliance Checklist: 8 Steps You Need to Complete

Osano on 9/7/2023

GDPR compliance can be tricky. Even if you summon the willpower to read through the law’s text, it can be tough to know where to start. As an alternative to pouring through the GDPR’s legalese, one way to establish a...more

U.S. Companies Now Have a Framework for EU-U.S. Personal Data Transfers

Brownstein Hyatt Farber Schreck on 7/18/2023

In a significant milestone for EU-U.S. cross-border transfers of personal data under Article 45 of the General Data Protection Regulation (GDPR), the European Commission adopted an adequacy decision for the new EU-U.S. Data...more

Pakistan – MITT releases final draft of the personal data protection bill

A&O Shearman on 6/5/2023

The Pakistan Ministry of Information Technology and Telecommunication (MITT) released a new draft of the Personal Data Protection Bill, 2023 (the PDPB) on 19 May 2023. The PDPB aims to regulate the collection, processing,...more

Meta Fines Expose EU Regulators’ Differences and Highlight Fundamental Issues for Data Controllers

Faegre Drinker Biddle & Reath LLP on 1/18/2023

Meta Ireland (Meta) has recently been issued with two fines by the Irish Data Protection Commission (DPC) for breaches of the EU General Data Protection Regulation (GDPR) relating to advertisements run on its Facebook and...more

Belgian DPA Fines IAB: Rough Waters Ahead for Ad Industry

Dechert LLP on 2/7/2022

On February 2, 2022, the Belgian Data Protection Authority (“DPA”) issued a decision finding that the Interactive Advertising Bureau ("IAB”) Europe’s Transparency and Consent Framework (“TCF”) violates key provisions of the...more

‘Controller,’ ‘Processor’ and ‘Transfer’: Some GDPR Concepts Re-Explained

Cooley LLP on 1/31/2022

Happy Data Privacy Day! Many companies are still struggling with some basic concepts of the General Data Protection Regulation, such as “controller,” “processor” and “transfer” of personal data. The European Data Protection...more

European Commission Refreshes Standard Contractual Clauses

Knobbe Martens on 7/14/2021

The European Commission (“EC”) has long sought to improve data privacy for Europeans, even when they interact with global or non-European companies. Laws like the General Data Protection Regulation (or “GDPR”) seek to...more

European Commission Adopts New Standard Contractual Clauses for Data Transfers

Kramer Levin Naftalis & Frankel LLP on 6/17/2021

On June 4, the European Commission (EC) adopted two sets of standard contractual clauses (SCCs) for use between controllers and processers in the European Economic Area (EEA) and for the transfer of data between EEA and...more

European Commission Adopts New Service Providers Standard Agreement (Controller-Processor SCCs)

Mintz - Privacy & Cybersecurity Viewpoints on 6/9/2021

The new standard agreement for service providers (which we’ll refer to as the Controller-Processor SCCs) adopted by the European Commission on June 4th was understandably a bit overshadowed by the release on the same date of...more

The EU Commission’s New SCCs for International Transfers: Top 5 Immediate Takeaways

Wyrick Robbins Yates & Ponton LLP on 6/9/2021

Ending months of anxious speculation from privacy lawyers around the globe, the European Commission announced on Friday that it had adopted final versions of the new Standard Contractual Clauses (the “New SCCs”) for the...more

The European Commission issues Schrems II-proof Standard Contractual Clauses to allow global dataflows

Hogan Lovells on 6/4/2021

Following the coming into effect of the GDPR three years ago and in light of last year’s Schrems II decision, the European Commission has adopted a new set of Standard Contractual Clauses (SCCs) aimed at enabling lawful...more

Compatibility test: Can I process lawfully collected personal data for a new purpose?

Hogan Lovells on 5/18/2021

When launching a project that involves processing of personal data, previously collected for a different purpose, what are the requirements? Companies usually focus on the legal basis of processing and information duties, but...more

New EDPB Draft Guidance Provides Practical Scenarios for Data Breach Notification Analysis Under the GDPR

BakerHostetler on 2/19/2021

In certain cases, the General Data Protection Regulation (GDPR) requires entities that experience a personal data breach to provide notice of the incident to relevant national supervisory authorities and the individuals whose...more

EU – ENISA releases report on data pseudonymisation for controllers and processors

A&O Shearman on 2/8/2021

On 28 January 2021, the European Union Agency for Cybersecurity (ENISA) released a report on data pseudonymisation techniques (the Report)....more

Nowhere To Hide: Controllers have “Constructive Awareness” Of Processor Data Breaches

Goodwin on 1/20/2021

On December 15, 2020, Ireland’s Data Protection Commission (“DPC”) announced its decision to fine Twitter International Company (“Twitter”) €450,000 for failing to notify the DPC promptly of a data breach affecting EU...more

Nueva guía del Comité Europeo de Protección de Datos sobre (co)responsable y encargado bajo el RGPD

Hogan Lovells on 9/21/2020

Aunque los conceptos de responsable y encargado del tratamiento han sido ampliamente estudiados y analizados en el pasado, el Comité Europeo de Protección de Datos ha publicado recientemente una guía en la que, además de...more

European Data Protection Board Forms Two New Taskforces to Address Schrems II Aftermath

Akin Gump Strauss Hauer & Feld LLP on 9/14/2020

On Friday September 4, 2020, the European Data Protection Board (EDPB), a body consisting of representatives of all the Data Protection Authorities (DPAs) in the European Economic Area, announced that it had formed two new...more

U.S. Employers and the GDPR: Where Are We Now?

Epstein Becker & Green on 8/25/2020

Even though the General Data Protection Regulation (“GDPR”) became effective on May 25, 2018, its application to U.S.-based employers continues to evolve and increase in complexity. For U.S. employers of European Union (“EU”)...more

EDPB Publishes Draft Guidelines On Connected Vehicles

Fox Rothschild LLP on 2/12/2020

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

French Data Protection Authority Issues Draft Recommendations on Consent for Cookies

Jones Day on 1/29/2020

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

GDPR Compliance

Best Best & Krieger LLP on 12/2/2019

BB&K's Christina Morgan Talks About Data Privacy in Riverside Lawyer Magazine - Due to rising concerns about privacy in the digital world, in April 2016, the European Union adopted the General Data Protection Regulation...more

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

Fox Rothschild LLP on 11/14/2019

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

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