Laura De Boel

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On October 7, 2022, President Biden signed an Executive Order (Order) on Enhancing Safeguards for United States Signals Intelligence Activities. This marks the latest step towards the new EU-U.S. Data Privacy Framework (Framework), a replacement…
Continue Reading President Biden Signs Executive Order to Implement the New EU-U.S. Data Privacy Framework

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 Parliament and Council Presidents and will be published in the EU Official Journal. The Publications Office still needs to make some further technical edits to the text before it can be published, including to clarify the date of application (i.e., add a specific date, given that the text currently states “[6 months after entry into force]”). We expect that final publication in the EU Official Journal will take place this fall.
Continue Reading EU Parliament and EU Council Approve the DMA

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 Data Protection Regulation (GDPR). For example, the Hungarian privacy regulator recently issued a fine of approximately $680,000 against a bank for non-compliance with GDPR rules in the context of its use of AI software to analyze customer service calls. To learn more about the upcoming legislation, please see Wilson Sonsini’s Fact Sheet below on the current draft AIA.
Continue Reading Increased Scrutiny for AI Systems and Draft AI Legislation in the EU

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. The new Framework is yet to be set out in legal documents, which will need to be negotiated and adopted. Timing for the adoption remains unclear.
Continue Reading Political Agreement on a New Framework for EU-U.S. Personal Data Transfers

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 21, 2024 to update existing contracts, but should use the new model clauses for any new contracts they sign as of September 21, 2022.

Background
Continue Reading New Model Clauses for Personal Data Transfers Outside the UK

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 Belgian Data Protection Authority Clarifies Key Rules on Biometric Data Processing