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
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Nikolaos Theodorakis
Lloyd v. Google: UK Supreme Court Rejects Data Protection Class Action in Landmark Ruling
By Jan Dhont, Nikolaos Theodorakis & Joanna Jużak on
Posted in Cybersecurity, Privacy
On November 10, 2021, the UK Supreme Court ruled[1] that class representatives in data privacy class action suits need to prove damage or distress suffered to be successful. Compensation cannot be granted simply by virtue of proving that a company violated the law. The case was heard under the UK’s pre-2018 data protection law, but the UK GDPR arguably does not change the essence of the Court’s ruling.[2]
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CJEU Confirms Exceptions to One-Stop-Shop Mechanism Under the GDPR
By Jan Dhont, Nikolaos Theodorakis & Joanna Jużak on
Posted in European Union, Privacy
On June 15, 2021, the Court of Justice of the European Union (CJEU) confirmed[1] that non-leading supervisory authorities (SAs) can initiate national judicial proceedings concerning cross-border data processing in two circumstances:[2] i) where there is an “urgent need” to act, or ii) if the case has a local impact.
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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.
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Bavarian SA Finds the Use of SCCs Without Supplementary Measures Unlawful
By Jan Dhont, Nikolaos Theodorakis & Joanna Jużak on
On March 15, 2021, the Bavarian Supervisory Authority (SA)[1] issued a decision regarding the use of Standard Contractual Clauses (SCCs) to transfer personal data from the EU to the U.S. without supplementary security measures. The SA found the data transfer to be unlawful in this case, although it did not impose an administrative fine. The SA’s findings could indicate how European regulators approach the use of SCCs post-Schrems II.
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Council of the EU Adopts Its Text on the ePrivacy Regulation
On February 10, 2021, the Council of the European Union (EU) agreed on its version of the draft ePrivacy Regulation (Council Position). The long-awaited ePrivacy Regulation, which will repeal the existing ePrivacy Directive, overhauls the rules on cookies and regulates the use of and access to electronic communications data.
Continue Reading Council of the EU Adopts Its Text on the ePrivacy Regulation