On November 15, 2022, the European Data Protection Board (EDPB) adopted draft recommendations (here) for data controllers when applying for approval of their binding corporate rules for international data transfers (Recommendations).… Continue Reading
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
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
On December 6, 2021, the Belgian Data Protection Authority (Belgian DPA) issued its recommendation on biometric data processing (Recommendation).[1] The Recommendation provides guidance on how to comply with the General Data Protection Regulation (GDPR) when processing biometric data.… Continue Reading
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
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
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
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
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
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
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
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
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
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