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Extraterritoriality Rules General Data Protection Regulation (GDPR) European Union

WilmerHale

The European Parliament Adopts the AI Act

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On March 13, 2024, the European Parliament adopted the Artificial Intelligence Act (AI Act). It is considered to be the world’s first comprehensive horizontal legal framework for AI. It provides for EU-wide rules on data...more

Latham & Watkins LLP

5 Things To Know About The European Data Act

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The European Parliament and the Council of the European Union adopted the European Data Act on June 28 after lengthy negotiations. The Data Act creates a legal framework for a single European data market, and its key...more

Dechert LLP

UK Court of Appeal considers territorial scope of GDPR

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A recent UK Court of Appeal decision highlights ongoing uncertainty regarding the jurisdictional reach of the GDPR and invites intervention from the Information Commissioner’s Office. ...more

Dechert LLP

A Transfer By Any Other Name? EDPB Issues Draft Guidelines to Clarify GDPR Data Transfer Ambiguities

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On November 19 the European Data Protection Board (EDPB) published draft guidelines on the interplay between Article 3 of the GDPR (which establishes the GDPR’s territorial scope), and the GDPR’s international transfer...more

Hogan Lovells

AI & Algorithms (Part 3): Why the EU’s AI regulation is a groundbreaking proposal

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On April 21, 2021, the European Commission published its bold and comprehensive proposals for the regulation of artificial intelligence. With suggested fines of up to 6% of annual global turnover, as well as new rules and...more

Knobbe Martens

Measuring the Reach of GDPR, How Far Is Far Enough?

Knobbe Martens on

It’s generally recognized that the General Data Protection Regulation (GDPR) can apply to entities outside the European Union. However, scant court rulings guide non-European controllers and processors on this question. The...more

White & Case LLP

UK Business Exposure To The California Consumer Privacy Act 2018 ("CCPA")

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The CCPA took effect on 1 January 2020, introducing significant compliance burdens for most businesses that collect personal information about California residents. The reach of the CCPA extends beyond California and the US;...more

BCLP

What percentage of United States retailers have decided to block European visitors from reaching their websites?

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25% There are two situations in which the GDPR purports to apply extraterritorially to companies that have no contact to the European Union. The first situation, described in Article 3(2)(a) of the GDPR, occurs when a...more

Hogan Lovells

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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - September 2019

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including a review of the first year of GDPR enforcement, analysis of...more

Ballard Spahr LLP

Making Sense of EU Cookie Law in the Wake of CJEU’s Planet49 Ruling

Ballard Spahr LLP on

The perplexing question of what U.S. companies must do to comply with EU “cookie” law became slightly more clear with the recent decision of the European Court of Justice (CJEU) in Planet49 GmbH, but numerous questions still...more

BCLP

The publication of the Gauvain report on the protection of French companies against extraterritorial laws and measures

BCLP on

The Gauvain Report to "Restore the sovereignty of France and Europe and protect our companies from laws and measures with extraterritorial scope" was submitted to the French Prime Minister on 26 June 2019. As its name...more

White & Case LLP

Chapter 4: Territorial application – Unlocking the EU General Data Protection Regulation

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Why does this topic matter to organisations? The GDPR does not necessarily apply to every organisation in the world. It applies to all organisations that are established in the EU. However, for organisations established...more

Hogan Lovells

Dark Side of the Moon: Extraterritorial Applicability of the UK Data Protection Act 2018 After Brexit

Hogan Lovells on

Subject to the deadlock in parliament being broken, or an extension of the Article 50 Brexit process, the UK’s 46-year European Union membership will cease in a matter of days. ...more

Akin Gump Strauss Hauer & Feld LLP

Proposed Guidance on the Extraterritorial Scope of the GDPR

The EU General Data Protection Regulation (GDPR), which revised and sought to ensure greater harmonization of the European Union’s data protection framework, took effect in May 2018. Among the changes it introduced was the...more

Pillsbury - Policyholder Pulse blog

Massive GDPR Fine Is a Wake-Up Call to Get Compliance and Cyber Insurance Squared Away

Have $57 million (or more) to spare? You’re going to need it if you run afoul of the EU’s General Data Protection Regulation (GDPR) without cyber insurance. In late January 2019, the French data protection authority, CNIL,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: European Data Protection and Cybersecurity in 2019

Data protection laws in Europe evolved substantially in 2018, with the implementation of the General Data Protection Regulation (GDPR) and the Directive on Security of Network and Information Systems (NIS Directive) becoming...more

Foley Hoag LLP - Security, Privacy and the...

Is the Right to be Forgotten National, European or Worldwide? The Advocate General Issues an Opinion in the Google Case

On January 10, 2019, Advocate General Szpunar issued his much awaited opinion in the Google case that was referred to the European Court of Justice by the French “Conseil d’Etat”, the highest administrative court of the...more

Latham & Watkins LLP

EDPB Publishes Regulatory Guidance on Territorial Scope of GDPR

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The Guidance provides helpful clarifications for service providers and their customers on both sides of the Atlantic. Long-awaited guidance on the territorial scope of the General Data Protection Regulation (GDPR) has been...more

Jackson Walker

New Guidance on Territorial Scope of the GDPR

Jackson Walker on

The European Data Protection Board (EDPB), the successor to the Article 29 working party, recently provided long-awaited guidance on the territorial scope set forth in Article 3 of the General Data Protection Regulation...more

Foley & Lardner LLP

Privacy - Wherefore Art Thou? - The Third Circuit Denies 4th Amendment Right

Foley & Lardner LLP on

The Third Circuit Denies 4th Amendment Right - Let’s face it – over the last 20 years or so, we have come to embrace, celebrate, and depend completely on electronic communications. What is more, we keep reaching out to...more

Eversheds Sutherland (US) LLP

New guidance proposed on the extra-territorial scope of the GDPR

Companies not based in the European Union (EU) now have additional guidance to help them determine whether they have to comply with the General Data Protection Regulation (GDPR). The European Data Protection Board (EDPB), the...more

King & Spalding

EDPB Publishes Guidelines On Territorial Scope For Public Consultation

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On November 16, 2018, the European Data Protection Board (“EDPB”), the General Data Protection Regulation (“GDPR”) successor of the Art. 29 Data Protection Working Group, released its long-awaited Guidelines 3/2018 on the...more

Ballard Spahr LLP

EDPB Draft Guidelines on Extraterritorial Scope of the GDPR Provide Few Clear Answers for US Companies

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Since the General Data Protection Regulation (“GDPR”) took effect on May 25, 2018, US companies without facilities or employees in Europe have struggled to understand the extraterritorial scope of the GDPR....more

Goodwin

EU Regulators Publish Guidelines On GDPR Territorial Scope

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On November 16, 2018, the European Data Protection Board (Board) (comprised of EU member state data protection authorities), published draft guidelines on the territorial scope of the GDPR (Guidelines).The Guidelines provide...more

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