Archives: Privacy

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Draft EDPB Guidelines Clarify the Roles of Parties Processing Personal Data and Call for Detailed Data Processing Agreements

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

EDPB Issues Guidelines on Social Media Targeting Under GDPR

On Monday September 7, 2020, the European Data Protection Board (EDPB) issued draft Guidelines 8/2020 on the targeting of social media users (the “Draft Guidelines”). The Draft Guidelines have far-reaching implications for social media platforms, advertisers, and adtech companies, as they will result in a clarification of the roles and responsibilities of the key stakeholders, and establish … Continue Reading

Initial Reaction of European Data Protection Regulators to Schrems 2.0 Judgment

Over the last few days, the European Data Protection Board (EDPB), the European Data Protection Supervisor (EDPS) and various Supervisory Authorities (SAs) across Europe issued statements addressing the decision of the European Court of Justice (ECJ) to invalidate the EU-U.S. Privacy Shield framework (Schrems 2.0). Below we summarize some of the main reactions. The EDPB … Continue Reading

ECJ Invalidates EU-U.S. Privacy Shield and Upholds the Standard Contractual Clauses

On July 16, 2020, the European Court of Justice (ECJ) declared the EU-U.S. Privacy Shield framework (Privacy Shield) invalid. The ECJ upheld the EU Standard Contractual Clauses (SCCs), but ruled that companies must verify prior to any transfer using SCCs that the parties can effectively provide the level of protection required by EU law.… Continue Reading

Liu v. SEC: Foreshadowing a Challenge to the FTC’s Disgorgement Authority

In Liu v. Securities & Exchange Commission,1 the Supreme Court upheld, but circumscribed, the Securities and Exchange Commission’s (SEC’s) disgorgement authority by holding 8-1 that the SEC may seek disgorgement through its equitable relief power only if the award does not exceed a wrongdoer’s net profits and is awarded to victims. Although this decision is important in … Continue Reading

FTC Announces Unusually Stringent Consent Order in Privacy Shield Case Settlement

On June 30, 2020 the Federal Trade Commission (FTC) announced that it reached a settlement in its litigation against NTT Global Data Centers (formerly RagingWire Data Centers) over allegations that the company misled customers about its adherence to the EU-U.S. Privacy Shield framework.1 As part of the settlement, the cloud service provider is required to hire … Continue Reading

FTC Outlines Potential Changes to Enhance Privacy and Security Enforcement Efforts If Given More Resources

On June 19, 2020, the Federal Trade Commission (FTC) submitted to Congress two reports that Congress requested in connection with the spending bill that funds the FTC. One of these reports (the “Resources Report”) describes the resources used and needed by the FTC to protect consumer privacy and security, and the second (the “Authorities Report”) describes … Continue Reading

CCPA Update: California Attorney General Submits Final Proposed Regulations to OAL

On June 2, 2020, the California Attorney General announced that it had submitted the final proposed regulations package for the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL). The OAL now has 30 working days, plus an additional 60 calendar days under COVID-19-related Executive Order N-40-20, to review the package for compliance with … Continue Reading

EDPB Adopts Updated Consent Guidance

On May 4, 2020, the European Data Protection Board (EDPB) adopted new guidelines (the guidelines) regarding the use of consent as a legal basis for processing personal data under the General Data Protection Regulation (GDPR).[1] The guidelines update and replace the Article 29 Working Party’s April 2018 guidance on the same topic. The guidelines remain … Continue Reading

EDPB Publishes Guidelines on COVID-19 Related Data Usage

On April 21, 2020, the European Data Protection Board (EDPB) published two sets of guidelines addressing data processing in the context of the COVID-19 pandemic. These guidelines address the use of location data and contact tracing tools to combat the spread of COVID-19 and the use of health data for the purposes of scientific research into COVID-19 (together, the … Continue Reading

The European Commission Publishes Guidance on COVID-19 Mobile Apps

On April 16, 2020, the European Commission (EC) published guidance (guidance) regarding mobile applications developed to combat the spread of the COVID-19 pandemic (COVID-19 mobile apps). As previously mentioned in our blog posts, the guidance follows the EC recommendation last week on the same topic, and takes into account a prior consultation with the European … Continue Reading

The EDPB Responds to the European Commission’s Recommendation on COVID-19 Mobile Apps

On April 14, 2020, the European Data Protection Board (the EDPB) published a letter in response to the European Commission’s call for consultation (the letter) regarding its recommendation on the use of mobile applications and location data to fight the COVID-19 outbreak. As previously reported in our blog post, the European Commission’s recommendation sets out a “toolbox” of measures … Continue Reading

European Commission Calls for a Common Approach to COVID-19 Apps and Anonymized Data Use

On April 8, 2020, the European Commission (the Commission) released its recommendation for a pan-EU approach on the use of technology and data to combat the COVID-19 pandemic (the Recommendation). The Commission calls for the creation of a “toolbox” consisting of practical measures taken at the EU level to address the use of mobile applications … Continue Reading

Non-EEA Based Vendors Caught by GDPR’s Long-Arm Provisions

The General Data Protection Regulation (GDPR) does not just impact companies located in the European Economic Area (EEA). It has a “long-arm” provision which may subject foreign companies to its jurisdiction. There is a fair amount of uncertainty regarding how this provision may be applied. The European Data Protection Board (EDPB) has recently issued updated … Continue Reading

Third Time’s the Charm? Newest Round of Modifications to Proposed CCPA Regulations Issued by the California Attorney General

On March 11, 2020, the California Attorney General issued further revisions to the proposed regulations implementing the California Consumer Privacy Act (CCPA). For context, in passing the CCPA, the legislature directed the California Attorney General to solicit broad public participation and adopt regulations to further the purposes of the CCPA. On October 11, 2019, the California Attorney … Continue Reading

EU Privacy Regulators Issue Draft Guidelines on Connected Vehicles and Mobility Applications

On February 7, 2020, the European Data Protection Board (EDPB) published draft guidelines on the processing of personal data in the context of connected vehicles and mobility related applications. If adopted in their current form, the draft guidelines will have far-reaching consequences for connected vehicles and mobility applications that operate in Europe. They contain detailed interpretations of … Continue Reading

On the Final Publication of the Danish Standard Contractual Clauses for Vendor Agreements: A New Standard?

On December 10, 2019, the Danish Supervisory Authority (SA) published its final version of Standard Contractual Clauses (SCCs) that data controllers and processors may use to satisfy the General Data Protection Regulation (GDPR) obligation to enter into a data processing agreement. The Danish SCCs have been reviewed and approved by the European Data Protection Board … Continue Reading

CCPA Update: California Attorney General Issues Modifications to Proposed CCPA Regulations

Updates to Compliance Likely Required On February 10, 2020, the California Attorney General issued the proposed text of modified regulations implementing the California Consumer Privacy Act (CCPA). This draft is a correction of a version that the California Attorney General issued on February 7, 2020. While the California Attorney General previously indicated that major changes to the … 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

Update: UK’s Age Appropriate Design Code

On January 21, 2020, the Information Commissioner’s Office (ICO) published its final version of its Age Appropriate Design Code of Practice (the code). The code will be submitted to Parliament in the coming days, and, assuming there is no objection, will become effective approximately two months later. This blog post follows our previous update on … Continue Reading

European Privacy Landscape: What to Expect in 2020

The year 2020 promises to be an interesting one for privacy and data protection in Europe. In this post, we highlight four of the most important developments to watch this year: 1) we expect that European Union (EU) regulators will ramp up GDPR enforcement across the board, and with a particular focus on AdTech, cookies, … Continue Reading

Data Brokers Must Register with California Attorney General by January 31

Given Broad Definitions, the Law Could Apply to Businesses That Do Not Consider Themselves Data Brokers While amending the California Consumer Privacy Act of 2018 (CCPA) last term, the California legislature also passed a CCPA-related privacy bill that applies to “data brokers.” Assembly Bill 1202 (AB 1202) requires businesses that qualify as data brokers to register, pay … Continue Reading

UK’s Age Appropriate Design Code Pending

The Information Commissioner’s Office (ICO) has confirmed that by November 23, 2019, it will present its Age Appropriate Design Code of Practice to the UK Parliament for approval. Unless Parliament objects, this mandatory code will be issued and in force (albeit with a transition period) as early as January 2020. The final code has been … Continue Reading

Proposed CCPA Regulations: Clarity or Confusion?

On October 10, 2019, the California Attorney General’s office issued the proposed text of its California Consumer Privacy Act (CCPA) regulations (the Regulations). The Regulations propose detailed rules regarding required notices for consumers, business practices for handling consumer requests, verification of requests, special rules regarding minors, and non-discrimination. Accompanying the Regulations are the Attorney General’s … Continue Reading
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