News & Analysis as of September 18, 2024

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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 -

Dutch Data Protection Authority Warns that Using AI Chatbots Can Lead to Personal Data Breaches

Alston & Bird on 8/12/2024

On August 6th, the Dutch Data Protection Authority (DPA) issued guidance cautioning companies about the potential data protection risks associated with the use of Artificial Intelligence (AI)-powered chatbots....more

Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications –PART II

Bradley Arant Boult Cummings LLP on 7/29/2024

In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data...more

2024 Mid-Year Privacy Report - A Comprehensive Look at New Developments in Data Privacy Laws

Coblentz Patch Duffy & Bass on 7/24/2024

Introduction - 2024 has been another big year for privacy. Several new state privacy laws are going into effect, with several more coming in 2025, while a federal privacy law continues to be discussed that would further...more

Data Privacy and AI: What Should UK and EU Employers Look out for in 2024?

Littler on 2/5/2024

As we look ahead to 2024, it is clear that both data protection and AI will continue to take center stage in the UK, as it will in many other countries. In this article we look ahead to the developments that are expected...more

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on 12/4/2023

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

EU-U.S. Data Privacy Framework: Next Steps for U.S. Companies

Orrick, Herrington & Sutcliffe LLP on 7/19/2023

On July 10, 2023, the European Commission formally approved the EU-U.S. Data Privacy Framework (“DPF"). You can view our brief video discussion about the DPF or read our initial update. Companies that maintained their...more

Data Subject Access Requests from Employees: What UK Employers Need to Know About New ICO Guidance

Orrick, Herrington & Sutcliffe LLP on 6/15/2023

A challenging economic situation is prompting contentious staffing decisions. The rise of hybrid work has led employers to generate more information in more places about employees. Against this backdrop, more employees are...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

Increasing global cybersecurity regulation of private companies on the near horizon

A&O Shearman on 4/25/2023

Within the past year, a number of countries around the world, including the United States, United Kingdom, France, and The Netherlands have initiated regulatory inquiries and developed new strategies for the purpose of more...more

EU Supervisory Authorities Clarify Breach Notification Requirements

Alston & Bird on 4/18/2023

Background - On April 4th, 2023, the European Data Protection Board (‘EDPB’), which is composed of representatives of the EU national supervisory authorities and the European Data Protection Supervisor (‘EDPS’), published an...more

European Privacy Risk Exposure

McDermott Will & Emery on 1/30/2023

2022 was yet another eventful year in terms of GDPR compliance. The continued evolution of the enforcement landscape, with increasing number of sanctions and individuals exercising their rights required time and attention...more

European Parliament Adopts “NIS2” Cybersecurity Directive

Alston & Bird on 11/15/2022

On November 10, 2022, the European Parliament adopted a new cybersecurity directive (the “NIS2 Directive”), which is designed to replace and repeal the existing EU Directive on the Security of Network and Information Systems...more

"42", the Answer to the Number of Authorities Notified in Cross-Border Breaches – Don't Panic!

Orrick, Herrington & Sutcliffe LLP on 10/24/2022

Last week, the European Data Protection Board ("EDPB") published a long-awaited update of its guidance on breach notification—which did not contain much news generally. However, it does bring a significant new burden for...more

The EU-U.S. Trans-Atlantic Data Privacy Framework Moves Closer to Approval: Why It Matters for Your Business

Lowenstein Sandler LLP on 10/18/2022

President Biden recently signed the Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities and supporting regulations (collectively, the “Executive Order”), enhancing privacy and civil...more

The EU’s Digital Services Act: A Paradigm Shift for Online Intermediaries

Perkins Coie on 10/11/2022

Following the European Council's approval last week, the Digital Services Act (DSA) has been officially adopted, starting the countdown to the law’s entry into force later this year. The DSA builds on the Electronic Commerce...more

Switzerland Publishes Adequacy List of Countries Receiving Personal Data Transfers

Morgan Lewis on 9/26/2022

The Swiss government has drafted a proposed list of countries that are approved to receive personal data transfers out of Switzerland. Japan and South Korea are excluded from the current and proposed lists, requiring...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

Increased Scrutiny for AI Systems and Draft AI Legislation in the EU

Wilson Sonsini Goodrich & Rosati on 5/19/2022

EU lawmakers are preparing a new Artificial Intelligence Act (AIA). Timing for adoption remains unclear, but once the AIA enters into force, it will impose strict obligations on providers and users of AI systems. In the...more

Cross-Border Data Transfers: PIPL vs. GDPR vs. CCPA

Cooley LLP on 4/12/2022

Multinational companies often encounter questions regarding if and when they can transfer personal information across borders. The People’s Republic of China’s Personal Information Protection Law (PIPL) adds new...more

EU Adopts New Rules to Significantly Limit the Power of Tech Platforms

Wilson Sonsini Goodrich & Rosati on 3/31/2022

The European Union (EU) will soon be handed sweeping new rules to regulate the conduct of the largest digital platforms with the long-awaited Digital Markets Act (DMA). Following 15 months of intense negotiations on...more

A First Look at the European Commission’s Proposal for a Draft Data Act

WilmerHale on 2/25/2022

The European Commission has presented its draft Data Act, which will affect a broad range of companies and heavily emphasizes data accessibility and fairness. Companies should begin to evaluate their current practices and...more

Spotlight on Requirement to Appoint an EU Data Protection Representative

Katten Muchin Rosenman LLP on 11/30/2021

Under the EU General Data Protection Regulation (EU GDPR) and the UK Data Protection Act 2018 (UK GDPR) (together the GDPR), even if an organisation is not established in the European Economic Area (EEA) or United Kingdom it...more

EU – Council of the EU reached an agreement on the proposed ePrivacy Regulation

A&O Shearman on 2/15/2021

On 10 February 2021, the Council of the European Union agreed on a mandate for negotiating the final text of the proposed ePrivacy Regulation (the draft ePrivacy Regulation) with the European Parliament and the European...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

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

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