News & Analysis as of September 27, 2024

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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 -

Belgian Data Protection Authority Publishes Guidance on the Interplay between the GDPR and the AI Act

Alston & Bird on 9/26/2024

On 19 September 2024, the Belgian Data Protection Authority (DPA) issued new Guidance on the interplay between the recently adopted EU Regulation on Artificial Intelligence (the AI Act) and the General Data Protection...more

Federal Trade Commission Hashes Out Aggressive Interpretation of Data Anonymization: What You Need to Know

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/19/2024

The Federal Trade Commission (FTC) has a long-standing habit of creating legal obligations through blog posts. Recent communications from the FTC by way of its Office of Technology Blog evidence an aggressive expectation...more

Dutch Data Protection Authority Warns that Using AI Chatbots Can Lead to Personal Data Breaches

Alston & Bird on 8/12/2024

On August 6th, the Dutch Data Protection Authority (DPA) issued guidance cautioning companies about the potential data protection risks associated with the use of Artificial Intelligence (AI)-powered chatbots....more

Limited-Risk AI - A Deep Dive Into Article 50 of the European Union’s AI Act

WilmerHale on 5/29/2024

This blog post focuses on the transparency requirements associated with certain limited-risk artificial intelligence (AI) systems under Article 50 of the European Union’s AI Act....more

EU Court of Justice Landmark Ruling on Digital Advertising and GDPR Compliance

Wilson Sonsini Goodrich & Rosati on 3/21/2024

On March 7, 2024, the European Court of Justice (CJEU) issued a landmark ruling on digital advertising and the concepts of personal data and joint controllership under the General Data Protection Regulation (GDPR)....more

EU’s Highest Court Expands EU GDPR Restrictions on Automated Decision-Making, Profiling, and AI

Morgan Lewis on 2/23/2024

A recent decision by the Court of Justice of the European Union will extend the EU General Data Protection Regulation’s automated decision-making restrictions to many present and future use cases of such technologies. While...more

10 Privacy Predictions in the EU for 2024

Wilson Sonsini Goodrich & Rosati on 1/18/2024

In 2024, businesses will continue to face an evolving landscape of privacy opportunities and challenges, including an increasingly complex data regulatory environment that extends beyond the General Data Protection Regulation...more

EU court clarifies conditions for imposing GDPR fines

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

On December 5, the Court of Justice of the European Union (CJEU) issued a judgment clarifying the conditions under which a General Data Protection Regulation (GDPR) fine can be imposed on data controllers....more

New EU Data Act: Impact On Data Flows Within And Outside The EU’s Borders

Morgan Lewis on 12/6/2023

The Council of the European Union adopted the Data Act on November 27, 2023. The Data Act, together with the Data Governance Act and EU General Data Protection Regulation (GDPR), as key elements of the broader European data...more

The Data Act – the EU's bid to "ensure fairness in the digital environment and a competitive data market" – has been adopted

White & Case LLP on 11/30/2023

On November 27, 2023, the European Union ("EU") adopted the final text of the Data Act, marking an effort to create a harmonized, cross-sectoral data sharing framework with the stated goal of ensuring fair access to and use...more

Almost there: The European Parliament passes the EU Data Act, with new rules for data access, switching cloud providers and...

WilmerHale on 11/16/2023

On November 9, 2023, the European Parliament adopted the EU Data Act, a new regulation providing harmonized rules on access to data, switching cloud providers and interoperability requirements across the EU. It is widely...more

What You Should Know About the EU Data Governance Act

Alston & Bird on 10/16/2023

Last month, the European Union’s new Data Governance Act (DGA) came into effect. Our Privacy, Cyber & Data Strategy Group provides an overview of the key features of the DGA and discusses how the new law may impact businesses...more

European Data Protection Board clarifies GDPR transfers

Orrick, Herrington & Sutcliffe LLP on 7/24/2023

On July 18, the European Data Protection Board (EDPB) published an information note to provide clarity on data transfers under the GDPR to the United States following the European Commission’s adoption of the adequacy...more

Irish Circuit Court Awards Damages for ‘Non-Material’ Harm Under GDPR

Cooley LLP on 7/24/2023

On 11 July 2023, the Circuit Court of Ireland awarded 2,000 euros in compensation to a plaintiff seeking ‘non-material damage’ under Article 82 of the General Data Protection Regulation, in what is believed to be the first...more

EU-U.S. Data Privacy Framework: Next Steps for U.S. Companies

Orrick, Herrington & Sutcliffe LLP on 7/19/2023

On July 10, 2023, the European Commission formally approved the EU-U.S. Data Privacy Framework (“DPF"). You can view our brief video discussion about the DPF or read our initial update. Companies that maintained their...more

The New EU-U.S. Data Privacy Framework in Half a Dozen FAQs

BakerHostetler on 7/13/2023

On July 10, 1962, NASA launched Telstar 1, the first active communications satellite linking Europe and the United States through live television transmission. Sixty-one years later, on July 10, 2023, the European Commission...more

EU and U.S. Finalize Data Privacy Framework: Here’s How to Get Certified

Wilson Sonsini Goodrich & Rosati on 7/11/2023

On July 10, 2023, the European Commission (EC) adopted an adequacy decision in relation to the EU-U.S. Data Privacy Framework (DPF). This paves the way for organizations to certify to the DPF, reducing friction for transfers...more

EU’s Top Court Rules That Competition Authorities Can Consider Data Protection Breaches in Their Investigations

Wilson Sonsini Goodrich & Rosati on 7/7/2023

In a landmark judgment issued on July 4, 2023, the European top court, the Court of Justice (ECJ), ruled that competition authorities in the EU can consider a company’s compliance with the EU’s data protection rules when...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

Data Subject Access Requests from Employees: What UK Employers Need to Know About New ICO Guidance

Orrick, Herrington & Sutcliffe LLP on 6/15/2023

A challenging economic situation is prompting contentious staffing decisions. The rise of hybrid work has led employers to generate more information in more places about employees. Against this backdrop, more employees are...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

EU General Court examines data anonymisation and pseudonymisation

Dechert LLP on 5/31/2023

The EU General Court has overruled the European Data Protection Supervisor and held that pseudonymised data will not be personal data for the purposes of EU data protection law when transferred to a recipient that is unable...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 EUR 1.2 Billion for Violating GDPR

Faegre Drinker Biddle & Reath LLP on 5/24/2023

On 22 May 2023, the Irish Data Protection Commission (DPC) issued Meta Platforms Ireland Limited (Meta Ireland) with a EUR 1.2 billion (approximately 1.3 billion U.S. dollar) fine for breaches of the GDPR with respect to...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

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