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 EU Commission Publishes Template Data Processing Agreement
Laura Brodahl
A New Data Transfer Mechanism Is Available for EU Personal Data
By Jan Dhont, Laura Brodahl, Laura De Boel, Cédric Burton, Sam Meijer, Carol Evrard & Joanna Jużak on
Posted in Uncategorized
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
Locatefamily.com Fined EUR 525,000 for Failure to Appoint an EU Representative
By Sam Meijer, Christopher Foo, Laura Brodahl & Jan Dhont on
Posted in European Union, Privacy
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 here (“Decision”).
Continue Reading Locatefamily.com Fined EUR 525,000 for Failure to Appoint an EU Representative
Booking.com Fined EUR 475,000 for Failure to Timely Notify Dutch Supervisory Authority of Data Breach
By Jan Dhont, Laura Brodahl & Sam Meijer on
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 in Dutch here.
Continue Reading Booking.com Fined EUR 475,000 for Failure to Timely Notify Dutch Supervisory Authority of Data Breach
Draft EDPB Guidelines Clarify the Roles of Parties Processing Personal Data and Call for Detailed Data Processing Agreements
By Cédric Burton, Laura Brodahl, Rossana Fol & Lore Leitner on
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 Draft EDPB Guidelines Clarify the Roles of Parties Processing Personal Data and Call for Detailed Data Processing Agreements
CJEU Advocate General Confirms Validity of EU Data Transfer Tools
By Laura Brodahl, Laura De Boel, Cédric Burton & Jan Dhont on
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 contribution.
At stake in this case is the validity of two key EU data transfers mechanisms, the Standard Contractual Clauses (SCCs) and the EU-U.S. Privacy Shield. The SCCs allow companies to transfer personal data to any country outside of the European Economic Area. The Privacy Shield enables transfers specifically from the EU to the U.S.
Continue Reading CJEU Advocate General Confirms Validity of EU Data Transfer Tools