Laura Brodahl

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Global Regulators Highlight Potential Harms of Data Scraping and Best Practices

On August 24, 2023, some members of the Global Privacy Assembly’s International Enforcement Cooperation Working Group published a joint statement on data scraping (Statement). Signatories to the Statement include the privacy regulators of the UK, Australia, Argentina, Canada, Colombia, Hong Kong, Jersey, Mexico, Morocco, New Zealand, Norway, and Switzerland.[1] Notably absent from the list of … Continue Reading

Missteps in Mixing EU Data Protection and Competition Law: A Call for Boundaries

On June 21, 2023, a request for a preliminary ruling on the scope of the term “undertaking” in Article 83(4) to (6) of the General Data Protection Regulation (GDPR) was lodged with the Court of Justice of the EU (CJEU). This concept is critical for companies facing enforcement action as it is used as a … Continue Reading

European Commission Proposes New Rules on Financial Data Access and Use

On June 28, 2023, the European Commission (EC) published a Proposal for a Regulation on Financial Data Access (FIDA). FIDA aims to create a framework through which data holders (e.g., banks, credit institutions) share the financial data they hold with other players in the finance industry (e.g., fintech companies). Customers of financial institutions will be able to … Continue Reading

Europe Prepares for a New Era in AI Regulation

In Europe, recent advances in artificial intelligence (AI) have given rise to intense debate over how this technology should be regulated. Companies that have developed AI tools, or who are considering implementing AI, should assess the implications of recent legislative developments and regulatory action. This alert discusses the most recent legislative and regulatory developments in … Continue Reading

EU Court Opinion: Competition Authorities May Consider Data Protection Breaches in Their Investigations

On September 20, 2022, an adviser to the EU’s top court opined that competition authorities may consider a company’s compliance with the EU’s data protection rules as part of an abuse of dominance investigation. In his Opinion (Opinion), Advocate General (AG) Athanasios Rantos of the EU’s Court of Justice (CJEU) noted that competition authorities do not have … Continue Reading

Belgian DPA Finds That IAB Europe’s Cookie Consent Framework Violates the GDPR

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 … Continue Reading

EU Commission Publishes Template Data Processing Agreement

On June 4, 2021, the European Commission published its long awaited new set of Standard Contractual Clauses for outsourced data processing (DPA SCCs). These DPA SCCs are a contract template that organizations can use to comply with the General Data Protection Regulation’s (GDPR) rules on outsourced data processing.… Continue Reading

A New Data Transfer Mechanism Is Available for EU Personal Data

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 … Continue Reading

Locatefamily.com Fined EUR 525,000 for Failure to Appoint an EU Representative

On May 12, 2021, the Dutch supervisory authority (the Autoriteit Persoonsgegevens or AP) issued a press release on a EUR 525,000 fine against Locatefamily.com for failing to appoint an EU representative, with additional penalty payments pending should the violation persist. The press release is available in English here, and the decision is available in Dutch … Continue Reading

Booking.com Fined EUR 475,000 for Failure to Timely Notify Dutch Supervisory Authority of Data Breach

The Dutch supervisory authority (the Autoriteit Persoonsgegevens or AP) sanctioned the online travel booking platform, Booking.com BV (Booking), with a EUR 475,000 fine for failing to notify a data breach to the AP within 72 hours after becoming aware of it, as required by the EU General Data Protection Regulation (GDPR). The decision is available … Continue Reading

Draft EDPB Guidelines Clarify the Roles of Parties Processing Personal Data and Call for Detailed Data Processing Agreements

On September 7, 2020, the European Data Protection Board (EDPB) published draft guidelines (Guidelines) intended to clarify the roles of the parties processing personal data and when they are operating as controllers, joint controllers, or processors under the EU General Data Protection Regulation (GDPR).… Continue Reading

CJEU Advocate General Confirms Validity of EU Data Transfer Tools

On December 19, 2019, the Advocate General (AG) of the highest EU Court (the Court of Justice of the European Union (CJEU)) issued his opinion in Schrems II[1] (the opinion). Wilson Sonsini previously covered the key points of the opinion in our Alert of December 20 and now provides a more detailed analysis in this … Continue Reading

UK’s Age Appropriate Design Code Pending

The Information Commissioner’s Office (ICO) has confirmed that by November 23, 2019, it will present its Age Appropriate Design Code of Practice to the UK Parliament for approval. Unless Parliament objects, this mandatory code will be issued and in force (albeit with a transition period) as early as January 2020. The final code has been … Continue Reading

Belgian Facebook Case Referred to the European Court of Justice

On May 8, 2019, the Brussels Court of Appeal referred the Belgian Data Protection Authority’s (DPA) case against Facebook to the European Court of Justice (CJEU) to address jurisdictional issues regarding which DPA is competent to bring enforcement actions against Facebook. The case deals with Facebook’s collection of individuals’ data through cookies stored in Facebook’s … Continue Reading

WSGR Event Recap: The State of Play in European Data Protection Law

On May 1, 2019, WSGR convened a panel of regulators and experts to discuss recent developments in European data protection law. The panel, moderated by Cédric Burton, featured Bruno Gencarelli, head of the International Data Flows and Protection Unit of the European Commission, Isabelle Vereecken, head of the Secretariat of the European Data Protection Board … Continue Reading

Belgian Data Protection Authority Is Up and Running

On April 25, 2019, the new chairman and the four directors of the new Belgian data protection authority were sworn in before the Belgian Parliament. This marks a new era for data protection law in Belgium. Background Following the effective date of the General Data Protection Regulation (GDPR) on May 25, 2018, the Belgian Privacy … Continue Reading
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