Archives: European Union

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Council of the EU Proposes Amendments to Draft AI Act

On December 6, 2022, the European Union’s (EU) Regulation on Artificial Intelligence (AI Act) progressed one step towards becoming law when the Council of the EU (the Council) adopted their amendments to the draft act (Council General Approach). The European Parliament (Parliament) must now finalize their common position before interinstitutional negotiations can begin.… Continue Reading

EU Introduces Legislative Proposal to Collect Data from Short-Term Accommodation Platforms

On November 7, 2022, the European Commission (EC) published its proposal for a regulation on data collection and sharing for short-term accommodation rental services (proposal). The proposal includes data sharing and website design requirements for online platforms providing short-term accommodation rental services. It also prompts EU countries to create a harmonized registration process for hosts providing such … Continue Reading

UK Government Publishes New Code of Practice for App Store Operators and App Developers

On December 9, 2022, the UK Government’s Department for Digital, Culture, Media, and Sport (DCMS) published a voluntary Code of Practice for App Store Operators and App Developers (Code). The Code sets out eight core principles to be followed by in-scope entities and is intended to help protect end users from malicious and poorly designed … Continue Reading

Some Light Holiday Reading: Draft Procedural Guidance on the EU’s Digital Market Act Open for Consultation

On December 9, 2022, the European Commission (EC) published its draft Digital Markets Act (DMA) Implementing Regulation, which will be open for public comment until January 6, 2023. The package is designed to give guidance on the practical aspects of gatekeeper designation and sets out the information required from gatekeepers and their procedural rights. The … Continue Reading

EU Court Opinion: Competition Authorities May Consider Data Protection Breaches in Their Investigations

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

European Union Adopts Flagship Digital Services Act

On October 27, 2022, the Digital Services Act (DSA) was published in the Official Journal of the European Union, sweeping in a new era in the regulation of digital services. (See Wilson Sonsini’s DSA Fact Sheet.) The DSA applies to providers of digital services, including those based outside the EU that provide services to users in the … Continue Reading

Formal Publication of the DMA and Timelines for Compliance

On October 12, 2022, the EU Digital Markets Act (DMA) was published in the Official Journal of the European Union (see here), giving clarity as to when the new rules will apply. The DMA will enter into force on November 1, 2022, and it will become fully applicable in May 2023. At that point, the gatekeeper … Continue Reading

President Biden Signs Executive Order to Implement the New EU-U.S. Data Privacy Framework

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 for the defunct EU-U.S. Privacy Shield (Privacy Shield). The next stage in the process is for the European Commission (EC), with input from the … Continue Reading

European Commission Proposes New EU Cybersecurity Rules for Software and Hardware Products

On September 15, 2022, the European Commission (EC) published a Proposal for a Cyber Resilience Act (CRA Proposal) that sets out new rules in the European Union (EU) for software and hardware products and their remote data processing solutions. The CRA Proposal introduces mandatory cybersecurity-related requirements and reporting obligations, including about product vulnerabilities, for manufacturers, … Continue Reading

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

EU Reaches Political Agreement on Additional New Rules for Digital Platforms in the Digital Services Act

The EU is close to finalizing the adoption of the Digital Services Act (DSA), which will impose new obligations on digital platforms regarding content moderation, due diligence for illegal content, and advertising transparency. It will entail significant changes to existing EU law in these areas and will impose substantial new compliance burdens on companies in … Continue Reading

EU Adopts New Rules to Significantly Limit the Power of Tech Platforms

The European Union (EU) will soon be handed sweeping new rules to regulate the conduct of the largest digital platforms with the long-awaited Digital Markets Act (DMA). Following 15 months of intense negotiations on amendments to the original Proposal, the presidents of the main EU institutions (the Parliament, Council, and Commission) reached a political agreement on the final … Continue Reading

EU Parliament and Council Take Next Steps to Advance Major New Rules for Digital Platforms

The EU Parliament and the EU Council recently adopted their respective versions of the Digital Markets Act (DMA) and Digital Services Act (DSA), which intend to create new antitrust-related (DMA) and regulatory (DSA) rules applicable to digital platforms.1 The adoption of the draft amendments by the EU Parliament and the EU Council constitutes a critical … Continue Reading

Belgian DPA Finds That IAB Europe’s Cookie Consent Framework Violates the GDPR

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

European Court of Justice Finds That “Inbox Advertising” Is Direct Marketing

On November 26, 2021, the Court of Justice of the European Union (CJEU) held[1] that the display of advertising messages in an email inbox, in a form similar to an email, constitutes direct marketing and requires users’ consent under the ePrivacy Directive.[2] The CJEU also held that this practice constitutes ‘persistent and unwanted solicitations’ under … 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

CNIL Issues Guidance on Alternatives to Third-Party Cookies

On October 13, 2021, the French data protection authority (the CNIL) issued a short note (the “Note,” in French) on technologies such as fingerprinting, unique identifiers, and cohort-targeting, developed to replace traditional third-party cookies. While the CNIL acknowledges that some of these technologies are less privacy invasive than third-party cookies, it stresses that the consent … Continue Reading

CJEU Confirms Exceptions to One-Stop-Shop Mechanism Under the GDPR

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.… Continue Reading

Locatefamily.com Fined EUR 525,000 for Failure to Appoint an EU Representative

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

Bavarian SA Finds the Use of SCCs Without Supplementary Measures Unlawful

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 … Continue Reading

Booking.com Fined EUR 475,000 for Failure to Timely Notify Dutch Supervisory Authority of Data Breach

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

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

European Commission Proposes New Rules for Digital Platforms

On December 15, 2020, the European Commission (EC) unveiled a set of proposals to regulate digital platforms. The draft laws include antitrust-related requirements, addressed by the Digital Markets Act (DMA) and more general regulatory requirements, addressed in the Digital Services Act (DSA). The DMA/DSA package will apply to all digital services, including social media, online … Continue Reading
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