News & Analysis as of September 18, 2024

European Union › European Data Protection Board (EDPB)

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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 -

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 Data Protection Regulators Publish Additional Guidance On The EU-U.S. Data Privacy Framework

Alston & Bird on 8/21/2024

Last month, the European Data Protection Board – which is composed of the national data protection authorities (‘Supervisory Authorities’) of the countries in the European Economic Area (‘EEA’), as well as the European Data...more

European Commission publishes second report on application of GDPR

A&O Shearman on 8/14/2024

On 25 July 2024, the EU Commission published its second report on the application of the GDPR (the ‘Second Report’), following its first report published in 2020....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

UK Financial Insights from Katten | Issue 12

Katten Muchin Rosenman LLP on 7/24/2024

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe....more

EDPB and the Role of DPAs Under the EU AI Act

Fenwick & West LLP on 7/18/2024

The European Data Protection Board (EDPB) recently adopted a statement suggesting the Data Protection Authorities’ (DPAs) role with regard to the EU AI Act recently published in the Official Journal of the EU....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

Data Privacy Guide - Romania

International Lawyers Network on 5/13/2024

Governing Data Protection Legislation - 2.1. Overview of principal legislation - The General Regulation Data Protection (Regulation (EU) 2016/679) (“GDPR”), as implemented by Law 190/2018 is the principal data...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

Data Protection Rulings by European Regulators Offer Insights Into Their Security Expectations

Skadden, Arps, Slate, Meagher & Flom LLP on 4/15/2024

Valuable insights into the measures European regulators expect businesses to take to protect data privacy can be found in a report from the European Data Protection Board (EDPB) summarizing decisions under the EU’s General...more

Surprising Plot Twist: The European Data Protection Supervisor Reprimands the European Union for its use of Microsoft 365

Seyfarth Shaw LLP on 4/1/2024

The European Union (EU)’s government organizations are just like any another entity trying to function in a world where global companies and even government entities are reliant on digital platforms for messaging and...more

EDPB Provides Guidance on Determining Primary Supervisory Authority

Sheppard Mullin Richter & Hampton LLP on 2/28/2024

This month the EDPB shed light on the question of lead supervisory authorities. The issue arose in response to a question late last month from the French supervisory authority. Some background. As most international...more

EDPB adopts opinion on the notion of main establishment during 90th plenary

A&O Shearman on 2/22/2024

The European Data Protection Board (EDPB) during its 90th plenary session, on 14 February 2024, amongst other things: - adopted an opinion (the Opinion) on the notion of a controller’s main establishment, including...more

EDPB launches website auditing tool

A&O Shearman on 2/7/2024

The EDPB launched a website auditing tool to help legal and technical auditors at data protection authorities check whether websites are compliant with the law on 29 January 2024. Controllers and processors can also use the...more

European Data Protection Board adopts report on Data Protection Officers

A&O Shearman on 2/2/2024

The European Data Protection Board (EDPB) adopted a report on the challenges faced by Data Protection Officers (DPOs) (the Report) on 16 January 2024. This Report follows a coordinated investigation involving 25 EEA...more

EU Regulators Confirm that Cookie Consent Rules Apply to Much Broader Range of Tracking Technologies

McDermott Will & Emery on 1/18/2024

Article 5(3) of the EU ePrivacy Directive (ePD) requires consent for tracking cookies (unless exceptions apply). Although this rule is best known as the reason behind ‘cookie’ banners, it is technology neutral and applies to...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

A Cookie Is Not Just a Cookie: EDPB Issues Draft Guidelines on Art 5(3) ePrivacy Directive

Fox Rothschild LLP on 12/4/2023

A cookie is not just a cookie, according to the European Data Protection Board. It’s also similar technologies, and access and Internet of Things (IOT). Here are some key takeaways you need to know from the EDPB’s draft...more

EDPB Explains EU EPrivacy Cookie Rules Apply to Emerging Online Tracking Tools - New Recipes, Same Flavour?

BCLP on 12/1/2023

On 14 November 2023, the European Data Protection Board (EDPB) adopted guidelines on the technical scope of Article 5(3) of the ePrivacy Directive (Directive 2002/58/EC, as amended) (ePD). This reflects the EDPB's intent to...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

EU privacy regulators adopt opinion on the proposed Regulation on the digital euro

A&O Shearman on 10/26/2023

On 17 October 2023, the European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) adopted a joint opinion on the proposed Regulation on the digital euro (the Proposal) as a central bank digital...more

Dechert Cyber Bits - Issue 42

Dechert LLP on 10/6/2023

UK-U.S. Data Bridge Approved - The UK has approved an extension to the EU-U.S. Data Privacy Framework (DPF) called the ‘UK-U.S. Data Bridge,’ which facilitates data flows from the UK to the U.S. From October 12, 2023...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

EU - New EU Regulation to complement GDPR by clarifying cross-border enforcement procedures unveiled

A&O Shearman on 7/17/2023

The European Commission published its Proposal for a Regulation (on 4 July 2023) laying down additional procedural rules relating to the enforcement of GDPR (the Proposal), which aims to complement the GDPR by specifying the...more

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European Union › European Data Protection Board (EDPB)

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