News & Analysis as of September 27, 2024

Court of Justice of the European Union (CJEU)

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Follow this channel for updates and analysis on all aspects of the European Union's General Data Protection Regulation, a reform of EU's data protection rules that impacts... more +

Follow this channel for updates and analysis on all aspects of the European Union's General Data Protection Regulation, a reform of EU's data protection rules that impacts individuals throughout the Union and all businesses operating therein. less -

Dutch DPA’s fine decision suspended by Dutch court amidst “(commercial) legitimate interest-controversy”

Hogan Lovells on 9/24/2024

Once again, a Dutch district court has recalled a decision of the Dutch Data Protection Authority (Dutch DPA) for its too strict interpretation that purely commercial interests cannot be legitimate interests under Article...more

CJEU Issues Landmark Adtech Decision on Personal Data and Joint Control with Broad Implications: What You Need to Know and Do

Orrick, Herrington & Sutcliffe LLP on 5/8/2024

The Court of Justice of the European Union (CJEU) has made a landmark decision (7 March 2024, C-604/22) on the intricacies of adtech, personal data, and joint control against the background of the General Data Protection...more

AI in German Employment – Navigating the AI Act, GDPR, and National Legislation

Hogan Lovells on 2/21/2024

Employers around the world are increasingly using artificial intelligence (AI) to optimize many facets of their business operations, ranging from screening job applications and assigning tasks in real time to evaluating...more

Right To Know - February 2024, Vol. 14

Clark Hill PLC on 2/14/2024

Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Landmark Ruling: The Court of Justice of the European Union Rejects Strict Liability in the General Data Protection Regulation

Orrick, Herrington & Sutcliffe LLP on 12/11/2023

In this Essential Guide, which is part of Orrick’s Cybersecurity & Privacy Compass Series, we will provide insight into the potential fines that companies may face for violating the General Data Protection Regulation...more

Adequacy for the US (kind of) – But What Are the Side Effects?

Seyfarth Shaw LLP on 7/26/2023

On July 10th, the European Commission issued its Implementing Decision regarding the adequacy of the EU-UD Data Privacy Framework (“DPF”). The Decision has been eagerly awaited by US and Europe based commerce, hoping it will...more

Data Transfers Permitted Across the Pond via New EU-U.S. Data Privacy Framework

Bond Schoeneck & King PLLC on 7/25/2023

On July 10, 2023, the European Commission adopted its adequacy decision on data transfers for the EU-U.S. (European Union/United States) Data Privacy Framework (DPF). The adequacy decision concluded that the United States...more

EU CJEU confirms broad right of access to personal data under GDPR but protects employee privacy

A&O Shearman on 6/29/2023

The Court of Justice of the European Union (CJEU) published its decision in the case of J.M. v Pankki S (Case C‑579/21) on 22 June 2023....more

EU court says banks are not exempt from GDPR obligation to provide information on data processing

Orrick, Herrington & Sutcliffe LLP on 6/28/2023

On June 22, the Court of Justice of the European Union (CJEU) issued a judgment concluding that banks are not exempt from providing information upon request about when and why an individual’s data was accessed. However, banks...more

CJEU Clarifies the Right to Compensation for GDPR Infringements Causing Non-Material Damage

Jones Day on 5/31/2023

In Short - The Situation: There has been uncertainty over the circumstances in which data subjects can claim compensation for "mere" infringement of their rights without specific evidence of harm. On May 4, 2023, the Court...more

Meta Fined €1.2 Billion in Facebook Data Privacy Case: Should US Companies Be Concerned?

Woods Rogers on 5/24/2023

It has been a long time coming, but the other shoe has finally dropped. Ireland’s Data Protection Commission (DPC) fined Meta Platforms Ireland (parent of Facebook Ireland) €1.2 billion, the highest fine to date under the...more

CJEU clarifies key aspects of the GDPR: an overview of recent cases

A&O Shearman on 5/15/2023

The Court of Justice of the European Union (CJEU) issued on 4 May 2023 three decisions in cases concerning interpretation of key aspects of the GDPR. It also published three opinions of the Advocate General (AG). Below is a...more

Court of Justice of the European Union holds non-material damages stemming from unlawful data processing may be eligible for...

Orrick, Herrington & Sutcliffe LLP on 5/12/2023

On May 4, the Court of Justice of the European Union (CJEU) issued a judgment concluding that while not every infringement of the EU’s data protection law gives rise, by itself, to a right to compensation, non-material damage...more

CJEU specifies requirements for compensation of non-material damages for breaches of the GDPR

Hogan Lovells on 5/9/2023

By its much anticipated judgment of 4 May 2023, the European Court of Justice (CJEU) specified the requirements under which data subjects affected by a breach of the GDPR can claim for compensation of non-material damages...more

CJEU Denies a Minimum Threshold for Raising Non-Monetary GDPR Damage Claims

Orrick, Herrington & Sutcliffe LLP on 5/8/2023

On 4 May 2023 the European Court of Justice ("CJEU") published its decision (case no. C-300/21) in which it ruled that not any infringement of the General Data Protection Regulation ("GDPR") triggers the right to compensation...more

European Court of Justice Clarifies Rules on Damages Compensation for GDPR Breaches

Cooley LLP on 5/8/2023

On 4 May 2023, the Court of Justice of the European Union (CJEU) delivered its decision in the Österreichische Post case (Case C-300/21), in essence deciding that a mere infringement of the General Data Protection Regulation...more

CJEU rules that national derogations on employees data protection must respect the conditions and limits of Article 88 GDPR

A&O Shearman on 4/20/2023

The Court of Justice of the European Union (CJEU) considered appropriate conditions that apply in respect of specific national legislation which EU member states may adopt under Article 88 GDPR to regulate the processing of...more

Data Privacy Laws and Blocking Statutes: Five Practical Strategies for Counsel

HaystackID on 1/30/2023

Background Note: Data privacy has become a critical issue in the digital era, with laws and regulations constantly evolving. As a result, it’s important for cybersecurity, information governance, and legal discovery...more

EU top court rules that controllers must disclose actual identity of data recipients in response to data subject access request

A&O Shearman on 1/18/2023

The Court of Justice of the European Union (CJEU) delivered its judgment in Case C-154/21 Österreichische Post (the Österreichische Post case) on 12 January 2023. The case relates to the interpretation of Art. 15(1)(c) GDPR,...more

Calmer waters in sight? The European Commission publish their draft adequacy decision for the EU-U.S. Data Privacy Framework

A&O Shearman on 12/21/2022

The 13 December 2022 marked a further stage in restoring greater stability for transatlantic personal data transfers, as the European Commission (the Commission) launched the process towards adoption of an adequacy decision...more

Privacy & Cybersecurity Update - October 2022

Skadden, Arps, Slate, Meagher & Flom LLP on 11/4/2022

In this month’s Privacy & Cybersecurity Update, we examine President Biden’s executive order to implement an EU-U.S. data privacy framework, the European Commission’s draft Cyber Resilience Act, the U.S. Treasury’s request...more

German DPA comments on Executive Order for EU-U.S. Data Privacy Framework

Hogan Lovells on 10/28/2022

Ever since the White House issued its Executive Order to pave a path for the new EU-U.S. Data Privacy Framework, stakeholders have provided both praise and criticism about whether the Executive Order sufficiently addresses...more

6 Things to Know About the New EU-U.S. Data Privacy Framework

Orrick, Herrington & Sutcliffe LLP on 10/26/2022

In early October, the United States (“U.S.”) and European Union (“EU”) came one step closer to the much-awaited new EU-US Data Privacy Framework (the “Framework”), designed to facilitate transatlantic data flows between the...more

5 Key Takeaways - How GDPR has Impacted American Companies and the Future of Transatlantic Data Transfers

Kilpatrick on 10/20/2022

The European Union’s General Data Protection Regulation (“GDPR”) marked a turning point in privacy and data protection practices globally and transformed how American companies approach the protection of personal data....more

President Biden Issues Executive Order Regarding Signals Intelligence Activities, Clearing Way for New Trans-Atlantic Data Privacy...

Perkins Coie on 10/11/2022

President Biden issued an executive order (EO) increasing protections and safeguards for personal data subject to signals intelligence activities. It also establishes a redress mechanism for residents of qualifying states who...more

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General Data Protection Regulation (GDPR) › Cybersecurity › Court of Justice of the European Union (CJEU)

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