Laura De Boel

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EU Parliament and EU Council Approve the DMA

On July 18, 2022, the EU Council formally adopted the EU Digital Markets Act (DMA), following approval by the EU Parliament earlier this month (the press releases are available here and here). The final DMA text as approved is available here. As next steps, the final text of the law will be signed by the … Continue Reading

Increased Scrutiny for AI Systems and Draft AI Legislation in the EU

EU lawmakers are preparing a new Artificial Intelligence Act (AIA). Timing for adoption remains unclear, but once the AIA enters into force, it will impose strict obligations on providers and users of AI systems. In the meantime, EU regulators have started issuing fines against companies using AI systems on the basis of the EU General … Continue Reading

Political Agreement on a New Framework for EU-U.S. Personal Data Transfers

On March 25, 2022, the U.S. and EU announced that they reached a political agreement in principle on a new “Trans-Atlantic Data Privacy Framework” (the Framework). This would be the third framework for EU-U.S. personal data transfers, after the invalidation of the Privacy Shield in 2020 and of its predecessor, the Safe Harbor, in 2015. … Continue Reading

New Model Clauses for Personal Data Transfers Outside the UK

On February 2, 2022, the UK privacy regulator (i.e., the Information Commissioner’s Office or the ICO) issued new model clauses to support data transfers from the UK. Subject to approval by the UK Parliament, the new model clauses will become effective March 21, 2022. Companies transferring personal data outside the UK will have until March … Continue Reading

EU Regulators Define Data Transfers

They State That Direct Collection of Personal Data by Non-EU Companies Is Not a “Data Transfer” Under the GDPR On November 18, 2021, the European Data Protection Board (EDPB) issued guidelines (Guidelines) that—for the first time—clarify the notion of “data transfer.” Departing from common understanding, the EDPB has determined that there is no data transfer … Continue Reading

Don’t Forget to Use the New SCCs to Transfer EU Personal Data as of September 27, 2021

As of September 27, 2021, companies relying on Standard Contractual Clauses (SCCs) to transfer personal data outside the European Union (EU) must use the new Standard Contractual Clauses (New SCCs) when signing data processing agreements. As a result, it is time to update template data processing agreements to ensure that your company can meet this … 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

EDPB Publishes New Guidance for Data Breach Notification

On January 18, 2021, the European Data Protection Board (EDPB), comprised of all national supervisory authorities (SAs) of the European Union, published draft guidelines for data breach notification1 (the Guidelines). The Guidelines provide useful insight into how regulators apply the General Data Protection Regulation (GDPR) personal data breach notifications rules. Specifically, they describe six common types of … 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

Massive GDPR Fine Proposed by UK ICO Confirms Trend of Increased Focus on EU Data Breaches

On July 8, 2019, the UK Information Commissioner’s Office (ICO) announced its intention to fine British Airways GBP 183.39 million over a data breach in which the personal data of approximately 500,000 customers was compromised.[1] If made final, the fine—equivalent to approximately U.S. $230 million—would be the biggest fine ever issued by the ICO as … 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

Court of Justice Dismisses Privacy Class Action Against Facebook but Allows Max Schrems to Sue in Austria

In yet another round of Schrems versus Facebook, on January 25, 2018, the Court of Justice of the European Union (CJEU) ruled that privacy activist Max Schrems is a consumer with regard to his Facebook profile despite his advocacy activities. Schrems may therefore benefit from the EU consumer forum rule, which allows him to bring … Continue Reading

EU-U.S. Privacy Shield Passes First Annual Review

On October 18, 2017, the European Commission (EU Commission) published its report on the first annual review of the EU-U.S. Privacy Shield Framework (Privacy Shield). The EU Commission confirms that the Privacy Shield ensures an adequate level of protection for EU personal data that is transferred to the U.S., but calls on the U.S. government … Continue Reading

EU Commission Publishes Proposal for e-Privacy Regulation: The Top Nine Key Points You Need to Know

On January 10, 2017, the European Commission published a Proposal for a Regulation  that if adopted would have significant and far-reaching implications for Internet-based services and technologies. The proposal seeks to revise the current EU ePrivacy Directive. It creates strict new rules regarding confidentiality of electronic communications, including content and metadata. In addition, the proposal … Continue Reading

Article 29 Working Party Issues Statement Following Adoption of EU-U.S. Privacy Shield

On July 26, 2016, the body of European Data Protection Authorities (DPAs)—the “Article 29 Working Party” (WP29)—issued a statement commending the improvements made to the EU-U.S. Privacy Shield (Privacy Shield). Although the WP29 continues to have some of the concerns raised in its April 2016 opinion, and the Privacy Shield will most likely face legal … Continue Reading

The EU-U.S. Privacy Shield Is Adopted and Available as of August 1, 2016

On July 12, 2016, the EU Commission and the U.S. Secretary of Commerce announced the adoption of the EU-U.S. Privacy Shield (Privacy Shield). This announcement follows today’s adequacy decision by the College of EU Commissioners which recognizes that the Privacy Shield provides an adequate level of protection under EU data protection law. The adequacy decision … Continue Reading

EU Cyber Security and Incident Notification Rules Enacted

On July 6, 2016, the European Parliament adopted the first-ever pan-European law on cyber security. The law, entitled the “Directive on the Security of Network and Information Systems” (NIS Directive), imposes security requirements and security incident notification obligations on digital service providers and operators of essential services. The NIS Directive was enacted as part of … Continue Reading

Uncertainty Increases Around EU-U.S. Data Flows

Two recent developments have significantly increased the already uncertain legal landscape surrounding transatlantic data flows. Earlier today, the EU Parliament voted out a resolution calling on the European Commission (EU Commission) to further negotiate the terms of the EU-U.S. Privacy Shield (Privacy Shield). And yesterday, the Irish Data Protection Commissioner (DPC) announced the launch of … Continue Reading

WSGR Alert: New EU Data Protection Regulation Is Now Enacted

On April 14, 2016, the European Parliament formally adopted the General Data Protection Regulation (GDPR). With this vote, the new EU data protection legal framework will become legally effective in two years and 20 days from its publication in the EU Official Journal (expected in May 2016). By May 2018, companies will have to comply … Continue Reading

WSGR Alert: Article 29 Working Party Calls for Improvements to the EU-U.S. Privacy Shield

On April 13, 2016, the body of European Data Protection Authorities (DPAs)—the “Article 29 Working Party” (WP29)—issued its opinion on the new EU-U.S. Privacy Shield. The WP29 acknowledged that progress has been made with the Privacy Shield, but called for several significant changes to the shield before it can be found to provide protection that … Continue Reading

WSGR Alert: EU Commission Publishes EU-U.S. Privacy Shield

On February 29, 2016, the European Commission unveiled the text of the EU-U.S. Privacy Shield. The Privacy Shield is designed to replace the invalidated EU-U.S. Safe Harbor Framework and to provide a new legal framework for data transfers from the EU to the U.S. Although the Privacy Shield is based on the same principles as … Continue Reading

EU Reaches Political Agreement on New Data Protection Regulation

On December 15, 2015, the European Parliament and the Council of the European Union reached a political agreement on the text of the EU General Data Protection Regulation (GDPR).1 This is a major step toward the official adoption of the GDPR, which is now expected in Spring 2016. The GDPR will have a significant impact … Continue Reading
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