This series of blogs rounds up some of the key data protection regulatory trends we have seen during 2024, focused on the EU and UK. 2024 has seen behavioural advertising and cookies continue to dominate the agenda of...more
By now, many of us are using AI, advising others about how to use AI, and waiting for some legislative miracle to give us some guardrails for what we can or cannot be doing with AI. A lot of effort has been put into tracking...more
As we noted in our 2023 DSIR, there has been a flurry of activity within the information governance space, at home and abroad. This activity deserves further analysis, because while it seems from a distance that there are...more
Hell hath no fury like a bureaucracy scorned. Do you know a person who insists on having his own way all the time and who wants to control your relationships with others? I hope not, but many of us do....more
Welcome to the latest edition of Updata - the international update from Eversheds Sutherland’s dedicated Privacy and Cybersecurity team. Updata provides you with a compilation of privacy and cybersecurity regulatory and...more
On 28 June, the European Commission adopted its Adequacy Decision for the UK, putting to an end (at least for now), the uncertainty surrounding EU to UK personal data flows. This averted a “cliff edge” in the shape of the 30...more
This article explores the topic of appointed representatives under Article 27 of the GDPR. What are they? When do you need one? How is regulatory enforcement starting to play out in the EU and in the UK on this issue?...more
The regulation of cookies and similar tracking technologies is rapidly evolving, not only in the European Union and United Kingdom but also in the United States and globally. If you have visited a website recently, you might...more
This quarterly update highlights some of the international data protection issues that have caught our attention, and the attention of our clients, in the past three months....more
Q1/ Applicable legislation - (a) Have the requirements of the GDPR been addressed by introducing a new law, or by updating existing legislation? New legislation has been passed. Brexit Note: The GDPR will apply in...more
The legal requirements for the use of cookies have been subject to discussion over the last few years, with little to no enforcement and guidance from European data protection authorities (DPAs). That has changed recently....more
FBI Issues Updated Ransomware Guidance - A recent report from New Zealand-based cybersecurity firm Emsisoft has revealed the extent to which ransomware is being used in cyberattacks in the United States. The first 9 months...more
Inside the Privacy Shield Annual Review - Dozens of senior US and EU government officials were joined by officials from data protection authorities in Austria, Bulgaria, France, Germany and Hungary to discuss whether the...more
On July 18, 2019, the French Data Protection Authority (CNIL) issued new guidance on the use of cookies and similar tracking technologies (collectively referred to as “cookies” below). The guidance clarifies the instances in...more
Data protection authorities in the UK and France have released updated guidance for website operators that use cookies on their websites. This new guidance may mandate changes to existing cookie banners and provides further...more
Recent legislative hearings in the United States and Europe have focused on the means by which large third-party data collectors track individuals via websites. Regulators have paid comparatively little attention to the...more
In this month's edition of our Privacy & Cybersecurity Update, we discuss Poland's potential exemptions from the new EU data law and the Office of the Comptroller of the Currency's recommendations for U.S. banks faced with...more
Brexit raises critical issues regarding the future transfer of personal data outside of the EU, not least as to the role of the UK Data Protection Authority, the Information Commissioner’s Office (“ICO”), and as to its...more
New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more
On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more
The European Union’s General Data Protection Regulation (the “GDPR”) goes into effect in a little over fourteen months and from a quick glance at our bullet points analysis you can see there is a lot to consider. One crucial...more
In this edition of our Privacy & Cybersecurity Update, we examine the Sixth Circuit's decision to allow injury-in-fact to be established by alleging a "substantial risk of harm" in a data breach case, New York state's...more
Brexit — Keep Calm and Carry On - The Brexit referendum elicited strong feelings amongst “Leavers” and “Remainers”, and will likely continue to do so. In the UK it is generally not as common for co-workers to discuss...more
Following European Commission adoption of the Privacy Shield on July 12, 2016, and with Privacy Shield self-certification poised to open for business organizations on August 1, 2016 as a replacement for the invalidated...more
You may recall our previous posts about the drafting and negotiation of the EU-US Privacy Shield, the law designed to implement a data sharing agreement that sets specific privacy standards for companies sharing information...more