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 -

International Data Transfers Remain Under EU and UK Regulatory Scrutiny

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/26/2024

Organisations that make international transfers of personal data have undergone significant challenges and changes over the last few years. With the invalidation of the Privacy Shield agreement in 2020 and the introduction of...more

Data Protection Reform - Will the UK Score its Burden-Reducing Goals?

BCLP on 4/12/2023

On 8 March 2023, the newly-created Department for Science, Innovation and Technology (“DSIT”) introduced the UK government’s updated proposals for data protection reform in the shape of the Data Protection and Digital...more

The UK Moves to Reform the UK GDPR Aims to be Both Business Friendly and Adequate in the Eyes of the EU

Benesch on 3/22/2023

While the reform is a long way away from a certainty, it represents a departure of the UK from the EU’s strict adherence and adoption of the General Data Protection Regulation which came into effect in 2018. Earlier this...more

EU Cookie Banners: EU Cookie Banner Task Force Report Homes in on Unlawful Practices

BCLP on 2/9/2023

On 18 January 2023, the European Data Protection Board (the “EDPB”) announced the adoption of a report on the work undertaken by the Cookie Banner Task Force (the “Task Force”). The Task Force was formed in September 2021 for...more

Privacy & Cybersecurity Update - March 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 3/31/2020

In this month's edition of our Privacy & Cybersecurity Update, we examine comments from the California attorney general's office regarding the start date for enforcement of the California Consumer Privacy Act in light of...more

Adtech and real time bidding: ICO prepared to take action

Dechert LLP on 2/18/2020

In a recently published blog, the Information Commissioner’s Office (“ICO”) provided an update on its review of the adtech sector and noted that, whilst two key organisations are starting to make changes and many have engaged...more

ECJ Issues First Cookie Decision After GDPR

BCLP on 10/3/2019

On October 1, the European Court of Justice (the “ECJ”) confirmed recent guidance from the UK and CNIL regulators in finding that the use of pre-checked boxes does not constitute consent for processing of personal information...more

GDPR Privacy FAQs: Do cookie banners that disclose the use of analytics or behavioral advertising cookies, and state that...

BCLP on 8/2/2019

Probably not. A data subject’s consent to the use of analytics or behavioural cookies must be a valid “affirmative act.” While it may be argued that the data subject is indeed performing an “affirmative act” by continuing...more

GDPR Privacy FAQs: Do European privacy laws require a cookie banner when a company uses first-party session cookies?

BCLP on 7/24/2019

Probably not. A cookie can qualify as “personal data” under GDPR when it can be linked to an individual person. Even in instances where a cookie cannot be linked, it is still governed by the ePrivacy Directive and...more

UK ICO Report Scrutinizes Adtech Industry, Focusing on Real-Time Bidding Systems, Threatens Sweep in Six Months

WilmerHale on 6/25/2019

In recent months, the Office of the Information Commissioner of the UK (“ICO”) has been looking into how personal data is used in real time bidding (“RTB”) in programmatic advertising, involving key stakeholders, including in...more

What Companies Can Learn From CNIL’s Privacy Consent Cases on Targeted Marketing

Latham & Watkins LLP on 3/28/2019

The closure of four cases involving targeted advertising provides lessons for navigating compliance standards under the GDPR. The recent closure of cases brought by the French Data Protection Authority (CNIL) against four...more

No Deal: Data Protection Compliance After Brexit

White & Case LLP on 1/31/2019

On 29 March 2019, the UK will formally leave the EU unless an extension, or a negotiated solution, is agreed between the UK and the European Commission. There is currently no agreement regarding the UK's status from a data...more

Third-Party Data Collection and Consent in Mobile Applications

Dechert LLP on 1/18/2019

Recent legislative hearings in the United States and Europe have focused on the means by which large third-party data collectors track individuals via websites. Regulators have paid comparatively little attention to the...more

"No Deal" Brexit and its Implications for Data Protection

Dechert LLP on 10/8/2018

The prospect of the UK leaving the European Union without a formal agreement in place seems increasingly possible. Businesses need to increase their preparations for a "no deal" scenario and these preparations should include...more

“We’re Updating Our Privacy Policies” - Consent Under the GDPR

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/5/2018

With the General Data Protection Regulation (GDPR), the European Union’s new privacy law having come into effect on 25 May 2018, thousands of companies have been flooding inboxes in recent weeks with emails asking for consent...more

EU issues warning on data transfers to the UK post-Brexit

Dechert LLP on 1/16/2018

The European Commission has issued a notice explaining some of the legal ramifications of Brexit on transfers of personal data from the EU to the UK....more

Consent under the General Data Protection Regulation: what are the alternatives for employers?

Dechert LLP on 8/22/2017

The UK's Information Commissioner, Elizabeth Denham, has launched a series of blogs designed to “bust some of the myths” which she believes have developed around the EU General Data Protection Regulation (GDPR). Her first...more

Blog: GDPR – Do I Need Consent to Process Personal Data?

Cooley LLP on 7/11/2017

If you are handling personal data of EU citizens, you will need some justification in order to do so. Under the new rules, the basic concept of consent has not changed, nor has its role as a lawful basis for processing...more

UK ICO Publishes Guidance on Consent Under GDPR

Hogan Lovells on 3/13/2017

The UK Information Commissioner’s Office has just published draft guidance on consent under GDPR. This is an interesting move given that the Article 29 Working Party has promised guidance on the same topic later this year,...more

It’s Not Too Early! ICO Guidance Regarding Consent Under GDPR

Mintz - Privacy & Cybersecurity Viewpoints on 3/7/2017

The European Union’s General Data Protection Regulation (the “GDPR”) goes into effect in a little over fourteen months and from a quick glance at our bullet points analysis you can see there is a lot to consider. One crucial...more

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