The European Union (EU) has revised its Cybersecurity Directive (NIS2). The new rules will apply to a wide range of companies in many sectors, create new cybersecurity obligations, and impose high fines for noncompliance. EU countries have until October 17, 2024, to transpose the new rules. As the deadline approaches, companies should assess the impact on their cybersecurity strategy. This alert summarizes the key obligations for businesses.Continue Reading NIS2: Preparing for EU’s New Cybersecurity Rules

On February 8, 2024, the French data protection authority (CNIL) published a list of its enforcement focus areas for 2024.[1] The CNIL will focus on the processing of children’s data by online services, the handling of individuals’ requests to access their personal data (so-called “DSAR”), the re-use of data processed for loyalty programs, and data processed in connection with the upcoming Olympic and Paralympic games.Continue Reading French Data Protection Authority Publishes Its 2024 Enforcement Focus Areas

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 of personal data from the EU to the U.S., and allowing companies to simplify their compliance with EU data flow restrictions. It thus represents a major development in the regulation of data flows from the EU to the U.S.Continue Reading EU and U.S. Finalize Data Privacy Framework: Here’s How to Get Certified

On February 2, 2022, the Belgian Data Protection Authority (DPA) found that the Interactive Advertising Bureau Europe (IAB) Transparency & Consent Framework (TCF), a tool used to record individuals’ online ad preferences, violates the General Data Protection Regulation (GDPR). The DPA fined IAB Europe €250,000 (approx. USD 280,000), and required IAB Europe to present an action plan to bring the TCF into compliance within two months. To reach this conclusion, the DPA concluded that:
Continue Reading Belgian DPA Finds That IAB Europe’s Cookie Consent Framework Violates the GDPR

On May 20, 2021, the Belgian Supervisory Authority (Belgian SA) approved the EU Cloud Code of Conduct (EU Cloud CoC).[1] This is the first time that a Supervisory Authority has approved a transnational, industry-wide code of conduct under the General Data Protection Regulation (GDPR).[2] Cloud service providers (CSPs) will be able to rely on their adherence to the code to demonstrate compliance with the GDPR as a data processor. Although the EU Cloud CoC does not yet qualify as an appropriate safeguard for international data transfers, a separate module is currently under discussion and should, when adopted, accommodate such transfers.
Continue Reading Belgian DPA Approves Code of Conduct for the Cloud Industry

New Set of SCCs for Data Transfers to Third Countries

On June 4, 2021, the European Commission (EC) published its long awaited new set of Standard Contractual Clauses (New SCCs). This new data transfer mechanism allows for the transfers of personal data outside of the European Economic Area (EEA) and replaces the current Standard Contractual Clauses (current SCCs). The New SCCs take into account the European Court of Justice’s (CJEU) Schrems II ruling, which invalidated the EU-U.S. Privacy Shield and requires that data exporters and importers take measures to ensure that the SCCs are effectively complied with.
Continue Reading A New Data Transfer Mechanism Is Available for EU Personal Data

On February 10, 2021, the Council of the European Union (EU) agreed on its version of the draft ePrivacy Regulation (Council Position). The long-awaited ePrivacy Regulation, which will repeal the existing ePrivacy Directive, overhauls the rules on cookies and regulates the use of and access to electronic communications data.
Continue Reading Council of the EU Adopts Its Text on the ePrivacy Regulation