News & Analysis as of October 19, 2024

European Union

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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 -

Employment Practices and Data Protection: Monitoring Workers 101

K&L Gates LLP on 3/27/2024

The Information Commissioner’s Office (ICO) has recently published guidance for employers on monitoring workers lawfully, transparently and fairly. The guidance aims to protect workers’ data protection rights and help...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

Caveat Employer? In the EU and California, Employers Must Beware!

Fox Rothschild LLP on 11/28/2022

Employers should have in place a process to delete former employees’ information – including public facing information and photos – to meet their retention limitation requirements, according to the Belgian Data Protection...more

Increased Scrutiny of Employee Monitoring Practices: Top 5 Takeaways Employers Need to Know

Orrick, Herrington & Sutcliffe LLP on 9/23/2022

We are observing growing regulatory scrutiny of advanced employee monitoring practices, particularly from the European Union. Here are the key takeaways... ...more

5 Business and Human Rights Sleeper Issues

Paul Hastings LLP on 6/9/2022

Business and human rights is continuing its steady march toward becoming a business imperative. There are sweeping new or proposed laws focused on human rights, such as the EU’s Proposal for a Directive on Corporate...more

Data Protection In The Workplace: Everything You Need To Know

Reveal on 3/10/2022

Since May 2018, all data belonging to citizens of EU member states has been subject to the General Data Protection Regulation (GDPR). Central to the GDPR is the notion that personal data, which is any information relating to...more

Employees’ Rights to Email Data in Germany Pursuant to Article 15 (3) GDPR

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/22/2021

Employees may have a claim against their employers for access to information about all personal data processed by the employers pursuant to Article 15 (3), Sentence 1, of Regulation (EU) 2016/679 (General Data Protection...more

European Commission Adopts Two New Sets of Standard Contractual Clauses: What Employers Need to Know

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/14/2021

On June 4, 2021, the European Commission adopted two new sets of standard contractual clauses (SCCs): one for data transfers from data controllers to data processors and one for data transfers from data exporters to data...more

Have EU Employees? Beware: H&M Slapped with Massive GDPR Fine for Wrongful Processing of Employee Data, Despite Cooperation

Orrick, Herrington & Sutcliffe LLP on 10/2/2020

On October 1st, 2020, the Data Protection Authority of Hamburg (“DPA”) announced that it issued a massive EUR 35.3 million fine against the clothing company H&M Hennes & Mauritz Online Shop A.B. & Co. KG (“H&M”) for the...more

Thermal Testing: Privacy Considerations for Businesses

WilmerHale on 7/29/2020

In the wake of COVID-19, businesses have a host of health regulations and recommendations to consider before they resume in-person activity. Some employers plan to screen for symptoms, including regular thermal testing (or...more

Transferring Employee Data After EU-U.S. Privacy Shield Invalidated

Jackson Lewis P.C. on 7/28/2020

Businesses are now prohibited from transferring employee personal data from the European Economic Area (EEA) to the U.S. under the EU-U.S. Privacy Shield program. The Court of Justice of the European Union (CJEU) declared the...more

COVID-19 in France: Personal Data Protection in the Workplace

Morgan Lewis on 4/29/2020

As prevention measures against the coronavirus (COVID-19) pandemic bump into the principles and guidelines of the EU General Data Protection Regulations (GDPR), the French Data Protection Authority has reinforced essential...more

The Latest COVID-19 Conundrum: Can Employers Institute Temperature Checks at Workplaces?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/20/2020

Employers across the globe, faced with the need to reduce the risk of workplace transmission of COVID-19, may be contemplating imposing standard temperature screenings on their employees. In many jurisdictions, an employer...more

COVID-19: What Companies Need to Know About Data Privacy

Latham & Watkins LLP on 3/18/2020

Effective measures to combat data risks resulting from COVID-19 include processing personal data, but companies must balance privacy rights and employee health. German data protection authorities have published initial...more

Guidance from E.U. Supervisory Authorities on Data Processing in a Time of COVID-19

Orrick, Herrington & Sutcliffe LLP on 3/17/2020

The European Data Protection Board (EDPB) and a number of European data protection supervisory authorities have recently issued guidance on processing personal data, including special categories of personal data (i.e., health...more

Maintaining Employees’ Privacy During a Public Health Crisis

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/4/2020

As coronavirus disease 2019 (COVID-19) continues to spread, employers have been trying to strike a balance between safety and privacy as they apply their own policies and attempt to follow laws such as the General Data...more

Important Dates and Reminders for Investment Advisers, Exempt Reporting Advisers, Commodity Trading Advisors and Commodity Pool...

Foley Hoag LLP on 2/7/2020

Investment Advisers - ANNUAL COMPLIANCE REVIEWS - All investment advisers registered with the Securities and Exchange Commission (“SEC”) or at the state level are required to review their compliance policies and procedures...more