News & Analysis as of October 20, 2024

European Data Protection Board (EDPB)

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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 -

New rigorous but practical EDPB guidelines on "legitimate interest" open for consultation

Hogan Lovells on 10/16/2024

On 8 October 2024, the European Data Protection Board (“EDPB”) issued draft Guidelines 1/2024 concerning the processing of personal data based on legitimate interests under Article 6(1)(f) of the GDPR (“Guidance”), which...more

EDPB Adopts Opinion on the Use of Processors and Sub-processors

Alston & Bird on 10/14/2024

On October 7, 2024, the European Data Protection Board (“EDPB”) adopted an opinion on obligations following from the use of processors and sub-processors (the “Opinion”). The EDPB is the body that seeks to ensure harmonised...more

GDPR: When Can Data Controllers Rely on 'Legitimate Interests' for Data Processing? New Guidelines from the EDPB

Morgan Lewis - Tech & Sourcing on 10/11/2024

The European Data Protection Board (EDPB), the umbrella group of the EU’s data protection authorities, has issued new Guidelines 01/2024 of October 9, 2024 on the processing of personal data based on the legitimate interest...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

EDPB Provides Guidance On Determining A 'Main Establishment' And The 'One-Stop-Shop' Mechanism

Mayer Brown on 2/29/2024

The opinion was issued in response to a request by the French Data Protection Authority and provides guidance on the conditions for determining a controller's main establishment where that controller has establishments in...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

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

Meta Receives Record 1.2 Billion EUR Fine and Is Ordered to Suspend Its EU-U.S. Data Transfers

Wilson Sonsini Goodrich & Rosati on 6/7/2023

On May 22, 2023, Ireland’s Data Protection Commission (DPC) published its long-awaited decision in the Meta EU-U.S. data transfer case (Decision). In its landmark Decision, the DPC imposed a record 1.2 billion EUR fine and...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

Irish Data Protection Commission’s Decision Throws Use of Standard Contractual Clauses Into Doubt

Cozen O'Connor on 5/30/2023

On May 22, Ireland’s Data Protection Commission (DPC) announced that it had imposed a €1.2 billion fine on Meta Platforms for violating the European Union’s General Data Protection Regulation (GDPR) in its use of standard...more

EU EDPB publishes 2022 activity report

A&O Shearman on 5/5/2023

The EDPB published its 2022 activity report “Streamlining Enforcement Through Cooperation” (the Activity Report) on 17 April 2023, which provides an overview of the work it carried out in 2022. The report reflects on, amongst...more

EDPB updates the guidelines on data breach notification, addresses data processing in upcoming AML legislation

A&O Shearman on 4/17/2023

The European Data Protection Board (EDPB) held its 77th plenary meeting on 28 March 2023. The EDPB considered the following key topics...more

Dechert Cyber Bits - Issue 31

Dechert LLP on 3/31/2023

SEC Proposes Significant Updates to Regulation S-P and Cyber Risk Management Rule for Market Entities - At an open meeting on March 15, 2023, the Securities and Exchange Commission (the “Commission) issued a release and...more

Dechert Cyber Bits - Issue 30

Dechert LLP on 3/17/2023

Cybersecurity Alert: Silicon Valley Bank and Signature Bank Fallout - Undoubtedly, cyber criminals are out in full force with phishing links and other scams trying to capitalize on the disruption and panic that many...more

Privacy, Data and Cybersecurity Quick Bytes | Issue 2

Katten Muchin Rosenman LLP on 2/10/2023

Katten's Privacy, Data and Cybersecurity Quick Bytes is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe. ...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

U.S. messaging service fined €5.5 million for GDPR violations

Orrick, Herrington & Sutcliffe LLP on 1/25/2023

On January 19, the Irish Data Protection Commission (DPC) announced the conclusion of an inquiry into the data processing practices of a U.S.-based messaging service’s Ireland operations and fined the messaging service €5.5...more

5 Things You Need to Know About the EDPB's Cookie Report

Orrick, Herrington & Sutcliffe LLP on 1/24/2023

On 18 January 2023, the European Data Protection Board ("EDPB") published a report on the work undertaken by its Cookie Banner Task Force to ensure a uniform approach regarding a number of cookie-banner-related complaints...more

Meta Fines Expose EU Regulators’ Differences and Highlight Fundamental Issues for Data Controllers

Faegre Drinker Biddle & Reath LLP on 1/18/2023

Meta Ireland (Meta) has recently been issued with two fines by the Irish Data Protection Commission (DPC) for breaches of the EU General Data Protection Regulation (GDPR) relating to advertisements run on its Facebook and...more

Dechert Cyber Bits - Issue 25

Dechert LLP on 12/16/2022

SEC Division of Examinations Issues Risk Alert on Regulation S-ID and Identity Theft Prevention Programs - On December 5, 2022, the Securities and Exchange Commission (“SEC”) Division of Examinations (“EXAMS”) issued a...more

EU Initiates Long-Awaited Adoption of U.S. Data-Flows Pact

Akin Gump Strauss Hauer & Feld LLP on 12/14/2022

On Tuesday, December 13, the European Commission initiated its long-awaited process towards the adoption of an adequacy decision for the European Union (EU)-U.S. Data Privacy Framework (EU-U.S. DPF), which aims to address the...more

EDPB adopts draft Recommendations on Controller Binding Corporate Rules

Hogan Lovells on 12/1/2022

Binding Corporate Rules (BCR) are often considered the “gold standard” for international transfers of personal data subject to the GDPR. In contrast to the Standard Contractual Clauses of the European Commission (SCC), BCR...more

Dechert Cyber Bits - Issue 24

Dechert LLP on 11/11/2022

U.S. Government Releases Guide of ‘Minimum Baseline’ Cybersecurity Practices for Protecting Critical Infrastructure - The Cybersecurity & Infrastructure Security Agency (“CISA”) has released a guide to help organizations...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

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General Data Protection Regulation (GDPR) › Cybersecurity › European Data Protection Board (EDPB)

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