News & Analysis as of

Data Collection Personal Data General Data Protection Regulation (GDPR)

DLA Piper

Europe/Germany: Right to Bring Collective Action for Violations of Information Obligations Under GDPR

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Summary - In its judgement of 11 July 2024 (C-757/22), the European Court of Justice (‘ECJ’) ruled that the violation of a controller’s information obligations under Art. 12 and 13 GDPR, can be subject to a representative...more

BCLP

Analysing the CNIL’s Latest Recommendations for AI Systems

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Following the very recent adoption of the EU Regulation on AI (the AI Regulation) the CNIL (the French data regulator) has issued the second in its series of recommendations for the development of privacy-friendly AI models....more

BCLP

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

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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

International Lawyers Network

Data Privacy Guide - Spain

Introduction - We have compiled the main differences between the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing...more

Robinson+Cole Data Privacy + Security Insider

Watchdog Files GDPR Privacy Complaint Over ChatGPT’s Hallucinations

The privacy advocacy group noyb, founded by privacy activist Max Schrems, has raised concerns over how ChatGPT handles questions about real-life individuals. The group alleges that ChatGPT has been generating inaccurate...more

Parker Poe Adams & Bernstein LLP

Feds Focus on Data Privacy and Cybersecurity in Latest Legislative and Rule Proposals

By now, companies that collect, process, and store the personal data of consumers are used to a fast pace of state privacy and cybersecurity legal activity. This year, companies should also expect increased activity from...more

Barnea Jaffa Lande & Co.

GDPR – Company Fined for Improper Data Collection

The French Data Protection Authority (CNIL) recently imposed a EUR 310,000 fine, representing 1% of its turnover, on FORIOU, a telemarketing company promoting loyalty programs. The fine stemmed from FORIOU’s use of...more

Wilson Sonsini Goodrich & Rosati

EU Court of Justice Landmark Ruling on Digital Advertising and GDPR Compliance

On March 7, 2024, the European Court of Justice (CJEU) issued a landmark ruling on digital advertising and the concepts of personal data and joint controllership under the General Data Protection Regulation (GDPR)....more

Littler

Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

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As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices.  These tools can provide great value and efficiency across the...more

Integreon

Demystifying DSARs: A Beginner’s Guide

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This article originally appeared in The Legal Technologist November/December 2023 Issue here. As individuals, we have the legal right to access personal data held by an organisation, and an increasing number of requests are...more

Hogan Lovells

Second time´s a charm – Spanish DPA's decision on NOYB vs. Google Analytics Part 2

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Following NOYB's filing of 101 complaints over continuous EU-U.S. data transfers by websites operators in the European Economic Area (EEA) in the post-Schrems II era, the Spanish Data Protection Agency (AEPD) issued its first...more

BCLP

Privacy Speaks: A clearer view?

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Clearview AI Inc's successful challenge to the ICO’s £7.5 million fine focused on the limits of the UK GDPR’s jurisdictional reach, succeeding on the grounds that Clearview’s processing activities were outside the scope of...more

King & Spalding

New Jersey Enacts Privacy Law

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On January 8, 2024, New Jersey’s State Legislature passed the Disclosure and Accountability Transparency Act (the “Data Act”). Following Governor’s signature within 45 days, the Data Act would take effect one (1) year after...more

A&O Shearman

CJEU considers approach to retention of personal data from public debt registers

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In joined Cases C‑26/22 and C‑64/22, related to the German Credit Reference Agency Schufa (see A&O blog on the automated decision making case), the CJEU considered the retention of personal data regarding individuals who had...more

Morgan Lewis - Tech & Sourcing

What the EU Data Act Means for Cloud Providers

The European Council adopted the EU Data Act (the Act) on November 27, 2023, representing a major regulatory shift in cloud services and data processing. The Act’s objectives include ensuring fairness in the allocation of...more

Dunlap Bennett & Ludwig PLLC

Why Your Website Needs A Privacy Policy

In this day and age, data privacy is a hot topic. Many Americans believe their personal data is less secure now than ever and that data collection poses more risks than benefits. For this reason, among others, businesses must...more

Orrick, Herrington & Sutcliffe LLP

ICO Issues Draft Guidance On Biometric Personal Data

The ICO has issued a draft guidance on using biometric data and technologies. Who is the guidance aimed at? If your organisation develops or uses biometric technologies, you should familiarise yourself with this guidance....more

Osano

GDPR Compliance Checklist: 8 Steps You Need to Complete

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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

Balch & Bingham LLP

The State Law Privacy “Patchwork” Continues with Oregon and Delaware; Federal Legislation on Children’s Online Privacy Advances

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Two more states have enacted consumer privacy protection laws, with Oregon and Delaware joining the existing fray of state comprehensive consumer privacy laws in California, Colorado, Virginia, Utah, Connecticut, Iowa,...more

Osano

What Is a Privacy Notice, and How Does It Protect Your Data?

Osano on

What if your city no longer had to put up speed limit signs? The police would still know what the speed limit was on a given stretch of road, but drivers would just have to guess. If you got a ticket for speeding, you’d feel...more

Wilson Sonsini Goodrich & Rosati

UK and U.S. Commit to Establish a "Data Bridge" to Facilitate the Free Flow of Personal Data

On June 8, 2023, the UK and the U.S. governments issued a joint statement announcing that they had committed in principle to the establishment of a “UK Extension to the Data Privacy Framework,” which would facilitate flows of...more

Littler

Court of Justice of the European Union Case on DSARs: Summary of Information Is Not Enough!

Littler on

As many employers will be aware, data subject access requests (DSARs) can take up a significant amount of business resources and are a common tactic used by disgruntled employees. A recent decision from the Court of Justice...more

A&O Shearman

How has GDPR influenced the evolution of data protection in APAC?

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International data protection law has taken a lead from the lessons learned in Europe since the introduction of GDPR. What influence have they had in APAC?...more

White & Case LLP

Somewhere Between a Summary and a Data Dump – CJEU Finds Controllers Must Provide Data Subjects a “Faithful And Intelligible” Copy...

White & Case LLP on

The Court of Justice of the EU (CJEU)1 has held that the General Data Protection Regulation (GDPR) requires controllers to provide data subjects a "faithful reproduction" of their personal data, which takes into account the...more

Faegre Drinker Biddle & Reath LLP

Österreichische Post: The CJEU Specifies the Requirements for Compensation for Breaches of the GDPR

On 4 May 2023, the European Court of Justice (CJEU) delivered its highly anticipated judgement in Österreichische Post (Case C-300/21) on a crucial issue: the extent to which data subjects affected by a breach of the GDPR...more

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