News & Analysis as of October 31, 2024

Cybersecurity › European Union › European Data Protection Board (EDPB)

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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 -

New rigorous but practical EDPB guidelines on "legitimate interest" open for consultation

Hogan Lovells on 10/16/2024

On 8 October 2024, the European Data Protection Board (“EDPB”) issued draft Guidelines 1/2024 concerning the processing of personal data based on legitimate interests under Article 6(1)(f) of the GDPR (“Guidance”), which...more

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

Dechert Cyber Bits - Issue 61

Dechert LLP on 9/13/2024

X Agrees to Stop Processing EU Data to Train its Grok AI - Ireland’s Data Protection Commission (“DPC”) recently filed an urgent High Court application against X (formerly Twitter) for using the personal data of European...more

EU Emergency Response Update – Key Policy & Regulatory Developments No. 114

Jones Day on 6/17/2024

This regular alert covers key regulatory developments related to EU emergency responses, including in particular to Russia’s war of aggression against Ukraine, COVID-19, and cyber threats. It does not purport to provide an...more

The EU’s AI Act: Obligations of AI Users and GDPR Article 35

Ankura on 4/19/2024

In December 2023, European Union (EU) lawmakers reached an agreement on the EU AI Act. In our article titled An Introduction to the EU AI Act, we focused on applicability, thresholds, timing, and penalties related to the EU...more

Guidance from European Data Protection Board Requires Consent for Tracking

Dorsey & Whitney LLP on 12/28/2023

The European Data Protection Board (EDPB), a board comprised primarily of representatives of the data protection supervisory authorities of the European Union’s member states, issued surprising new guidance in mid-November...more

EDPS issue final own-initiative opinion on the EU AI Act

A&O Shearman on 11/9/2023

The European Data Protection Supervisor (EDPS) published, on its own initiative, an Opinion on the EU’s draft Artificial Intelligence (AI) Act (Opinion 44/2023) on 23 October 2023. The EDPS provides specific suggestions for...more

Binding Corporate Rules: What’s new in the updated EDPB guidance?

Hogan Lovells on 9/27/2023

This summer, the European Data Protection Board (“EDPB”) published the final version of its Recommendations 01/2022 (“Recommendations”) on Binding Corporate Rules for Controllers (“C-BCR”). During the turbulence caused by the...more

Breached the GDPR? Calculate your own fine!

Cooley LLP on 8/8/2023

The General Data Protection Regulation (GDPR) is a difficult piece of legislation to comply with, and not meeting some of its requirements may lead to hefty fines of up to 4% of global annual revenues of the preceding year or...more

Meta Receives Record 1.2 Billion EUR Fine and Is Ordered to Suspend Its EU-U.S. Data Transfers

Wilson Sonsini Goodrich & Rosati on 6/7/2023

On May 22, 2023, Ireland’s Data Protection Commission (DPC) published its long-awaited decision in the Meta EU-U.S. data transfer case (Decision). In its landmark Decision, the DPC imposed a record 1.2 billion EUR fine and...more

This Is Not a Test: The Significant Impacts of the Ireland Data Protection Commission’s Meta Decision

Miller Nash LLP on 6/6/2023

It shouldn’t come as a surprise that the European Data Protection Board (EDPB), through Ireland’s Data Protection Commission (DPC), issued another fine against a large US technology company. What may come as a surprise is the...more

EU EDPB publishes 2022 activity report

A&O Shearman on 5/5/2023

The EDPB published its 2022 activity report “Streamlining Enforcement Through Cooperation” (the Activity Report) on 17 April 2023, which provides an overview of the work it carried out in 2022. The report reflects on, amongst...more

EDPB updates the guidelines on data breach notification, addresses data processing in upcoming AML legislation

A&O Shearman on 4/17/2023

The European Data Protection Board (EDPB) held its 77th plenary meeting on 28 March 2023. The EDPB considered the following key topics...more

Dechert Cyber Bits - Issue 31

Dechert LLP on 3/31/2023

SEC Proposes Significant Updates to Regulation S-P and Cyber Risk Management Rule for Market Entities - At an open meeting on March 15, 2023, the Securities and Exchange Commission (the “Commission) issued a release and...more

EDPB sees the glass half full on the EU-U.S. Data Privacy Framework

Hogan Lovells on 3/2/2023

On the bumpy road towards a new adequacy decision for EU-U.S. data transfers, the European Data Protection Board (“EDPB”) has published its Opinion 5/2023 (“Opinion”) on the European Commission's (“Commission”) draft adequacy...more

Privacy, Data and Cybersecurity Quick Bytes | Issue 2

Katten Muchin Rosenman LLP on 2/10/2023

Katten's Privacy, Data and Cybersecurity Quick Bytes is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe. ...more

Dechert Cyber Bits - Issue 27

Dechert LLP on 2/3/2023

FBI Seizes Hive Ransomware Servers—Blocks US$130 Million in Demanded Ransoms - On January 26, Attorney General Merrick Garland announced that the Department of Justice dismantled the “Hive” ransomware group, which had...more

Data Privacy Laws and Blocking Statutes: Five Practical Strategies for Counsel

HaystackID on 1/30/2023

Background Note: Data privacy has become a critical issue in the digital era, with laws and regulations constantly evolving. As a result, it’s important for cybersecurity, information governance, and legal discovery...more

EU-US Transborder Data Flows to be Reviewed by the European Data Protection Board

Katten Muchin Rosenman LLP on 1/18/2023

On December 13, 2022, the European Commission published its draft adequacy decision recognizing the essential equivalence of U.S. data protection standards, laying the foundations for finalization of the European Union...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

EU’s Initial Response to US Proposed Data Transfers Framework

Sheppard Mullin Richter & Hampton LLP on 12/23/2022

The EU released its draft adequacy decision for the EU-US Data Privacy Framework, but all is not smooth sailing. As we wrote in October, the US developed the proposed new framework in response to the declared inadequacy of...more

European Commission Approves Trans-Atlantic Data Privacy Framework

Cooley LLP on 12/16/2022

On 13 December 2022, the European Commission issued a draft adequacy decision concluding that the EU-US Data Privacy Framework provides an adequate level of protection for personal data transferred from EU to US companies....more

Dechert Cyber Bits - Issue 25

Dechert LLP on 12/16/2022

SEC Division of Examinations Issues Risk Alert on Regulation S-ID and Identity Theft Prevention Programs - On December 5, 2022, the Securities and Exchange Commission (“SEC”) Division of Examinations (“EXAMS”) issued a...more

EU Initiates Long-Awaited Adoption of U.S. Data-Flows Pact

Akin Gump Strauss Hauer & Feld LLP on 12/14/2022

On Tuesday, December 13, the European Commission initiated its long-awaited process towards the adoption of an adequacy decision for the European Union (EU)-U.S. Data Privacy Framework (EU-U.S. DPF), which aims to address the...more

Transatlantic Legal-Regulatory Update: Live from the Heart of Silicon Valley

Gardner Law on 12/2/2022

US and EU Life Sciences Law firms Fieldfisher & Gardner Law recently held a CLE event in Silicon Valley covering Healthcare Compliance, Data Privacy and Regulatory hot topics for MedTech and Pharma companies. Discussion...more

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