News & Analysis as of October 19, 2024

Personal Data

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

GDPR Enforcement: Lessons from Recent Data Privacy Penalties

Pillsbury - Consumer Protection Dispatch on 10/15/2024

Recent decisions by the French data protection authority (CNIL) have highlighted the importance of GDPR compliance, particularly in the areas of data retention, consent for processing sensitive personal data, and marketing...more

EU: ECJ Rules That Competitors Are Entitled to Bring an Injunction Claim Based on an Infringement of the GDPR

DLA Piper on 10/9/2024

Introduction - In its judgement of 04 October 2024 (C-21/23), the European Court of Justice (“ECJ”, “Court”) ruled, that the provisions of Chapter VIII of the GDPR, do not preclude national rules which grant undertakings the...more

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

DLA Piper on 8/30/2024

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

Navigating the FemTech Regulatory Landscape: Best Practice & Future Developments

BCLP on 7/19/2024

The stakes are high for FemTech – as Benjamin Franklin noted: ‘it takes many good deeds to build a good reputation and only one bad one to lose it.’...more

Delaware Data Protection Act: What Businesses Need to Know

Akin Gump Strauss Hauer & Feld LLP on 5/14/2024

In September 2023, Delaware became the seventh state in 2023 to enact comprehensive privacy law with the Delaware Personal Data Privacy Act (DPDPA), joining Indiana, Iowa, Montana, Oregon, Tennessee and Texas. The DPDPA will...more

Data Privacy Guide - Portugal

International Lawyers Network on 5/7/2024

Introduction - Data protection is being driven by rapid technological advances and the increasing digitalization of society. Data protection legislation in Portugal is aligned with European Union law, in particular with...more

Restitutio in Integrum

Spirit Legal on 5/17/2023

A Fresh Perspective on Data Protection and Damages - Opening statements by Peter Hense at a University of Vienna panel titled "EU Future Talks, Non-Material Damages for GDPR Violations: Quo Vadis Österreichische Post...more

Deadline to Update New EU Standard Contractual Clauses Is Approaching

Katten Muchin Rosenman LLP on 9/8/2022

As you may recall from our previous advisory, "The European Commission Implements New Standard Contractual Clauses", existing data sharing contracts that include the old standard contractual clauses ("SCCs") will only remain...more

EuGH gibt Rückenwind für Datenschutz-Sammelklagen

Latham & Watkins LLP on 5/17/2022

Der EuGH hat Ende April die Klagebefugnisse von Verbraucherschutzverbänden gestärkt, weitere richtungsweisende Entscheidungen stehen bevor. Seit dem Inkrafttreten der europäischen Datenschutz-Grundverordnung (DSGVO)...more

Take a Deep Breath. A Status Check on New Privacy Laws

Foster Garvey PC on 5/17/2022

Unless you’ve been completely disconnected from the internet for the past year, you’ve undoubtedly read about the passage of a number of state and international laws addressing privacy and cybersecurity. Does this mean that...more

A “New Haven” for Privacy: Connecticut Enacts Data Privacy Act

Vinson & Elkins LLP on 5/13/2022

Connecticut is the fifth U.S. state, and the second this year after Utah passed the Utah Consumer Privacy Act (“UCPA”), to enact a comprehensive data privacy legislation. S.B. 6, known as the Connecticut Data Privacy Act...more

2021 Data Privacy Overview: New Regulations and Guidance

Lighthouse on 1/12/2022

While everyone hoped that 2021 would be less tumultuous than 2020, it certainly did not turn out that way in the end. The same was true in the world of data privacy – with sweeping new data protection regulations and guidance...more

As States and Nations Continue to Enact Comprehensive Data Privacy Legislation, Pressure Mounts on the U.S. to Pass a Competing...

Royer Cooper Cohen Braunfeld LLC on 6/22/2021

Global data privacy legislation has steadily advanced over the past several years, with one of the most comprehensive and well-known laws being the General Data Protection Regulation (GDPR), governing personal data...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

Further Tension Between National Security and Protecting Privacy: Latest EU Judgments

Akin Gump Strauss Hauer & Feld LLP on 10/14/2020

United Kingdom, French and Belgian national security laws (and such laws of other EU Member States) fell under the scrutiny of the Court of Justice of the European Union (CJEU), which on October 6, 2020, ruled on whether such...more

Schrems Strikes Again: Battery of New Data Privacy Complaints Raise Compliance Questions for EU-U.S. Data Transfers

Troutman Pepper on 9/2/2020

Barely one month after the Court of Justice of the European Union (CJEU) issued its Schrems II decision striking down the EU-U.S. Privacy Shield Framework (Privacy Shield), Austrian privacy activist Max Schrems has filed 101...more

German Supervisory Authority Publishes First Substantive Guidance on International Data Transfers in the Post Schrems 2.0

Orrick, Herrington & Sutcliffe LLP on 8/26/2020

On 16 July, 2020 the European Court of Justice (“CJEU”) published its decision invalidating the EU-U.S. Privacy Shield and setting out enhanced requirements for using the so-called Standard Contractual Clauses for Processors...more

The Decade of Data Privacy: What the CCPA and GDPR Mean for Your Business

Dentons on 1/10/2020

As you fired-up your computer after last week’s New Year holiday, your inbox was likely filled with emails about updated privacy policies. You may remember receiving a similar wave of emails in May 2018....more

Should I Be Worried About the GDPR? – EDPB’S Guidelines on the GDPR’S Territorial Scope

Hogan Lovells on 12/31/2019

Does the GDPR really apply to my company? From a data protection standpoint, this is the first thing that comes to mind within non-EU companies. In many cases, the GDPR seems like an issue of the Old Continent, so some assume...more

FTC Rules Political Ad Marketing Firm Cambridge Analytica Deceived Facebook Users

Seyfarth Shaw LLP on 12/20/2019

Synopsis: On December 6, 2019, the Federal Trade Commission issued a unanimous ruling against political data firm Cambridge Analytica for violating Section 5 of the FTC Act by misrepresenting that it would not download...more

GDPR Guide to National Implementation: Cyprus - A practical guide to national GDPR compliance requirements across the EEA

White & Case LLP on 11/27/2019

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. ——— (b) Relevant legislation includes: ...more

GDPR Guide to National Implementation: Belgium - A practical guide to national GDPR compliance requirements across the EEA

White & Case LLP on 11/18/2019

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. ———...more

GDPR Guide to National Implementation: Austria - A practical guide to national GDPR compliance requirements across the EEA

White & Case LLP on 11/15/2019

Q1/ Applicable legislation - (a) Have the requirements of the GDPR been addressed by introducing a new law, or by updating existing legislation? Old legislation has been updated. ——— (b) Relevant legislation...more

EUR 30,000 For A “Simple Cookie Banner”?!? – Spanish Supervisory Authority Fined For Non-Compliance

Orrick, Herrington & Sutcliffe LLP on 10/30/2019

The Spanish supervisory authority agencia española protección datos (“Supervisory Authority”) has issued a fine against an airline based on their use of a cookie banner, which the Supervisory Authority considered not to be...more

Medical Research Council Advises on How to Anonymise Information for Research Purposes

Hogan Lovells on 10/16/2019

Anonymisation has always been (and still is) a real challenge for those carrying out clinical research. To shed some light on this matter, the Medical Research Council (MCR) – which is part of UK Research and Innovation – has...more

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