On November 12, 2020, the European Commission (EC) issued a draft version of a new set of Standard Contractual Clauses (New SCCs). The long-awaited New SCCs include several modules that companies can use depending on the transfer scenarios, such as controller-to-controller, controller-to-processor, and processor-to-processor data exports. The New SCCs have also been updated to reflect the high … Continue Reading
On November 11, 2020, the European Data Protection Board (EDPB), comprised of the European data protection regulators (DPAs), issued two long-awaited sets of recommendations. These recommendations are critical for any companies exporting or importing EU personal data.… Continue Reading
In a long anticipated ruling, the Court of Justice of the European Union (CJEU) confirmed on October 6, 2020 (joint-cases C-623/17 and C-511/18 et seq., “Ruling”) that general and indiscriminate transmission or retention of traffic and location data for law enforcement and national security purposes breaches EU law.… Continue Reading
On October 13, 2020, France’s high administrative court (Conseil d’État, “the Court”) rejected a request to suspend France’s centralized health data platform—the Health Data Hub—currently hosted by Microsoft in its data center in the Netherlands. In essence, the Court rejected the French DPA’s (CNIL) argument that in light of the important public interest of maintaining … Continue Reading
On October 1, 2020, the French data protection authority (the CNIL) issued the final version of its guidelines on the use of cookies and other trackers (the Guidelines), replacing a first draft published on July 4, 2019. While the main principles remain unchanged, this version provides further practical guidance for website and mobile application publishers … Continue Reading
On September 28, 2020, the U.S. Department of Commerce (DoC) published a white paper co-authored by the U.S. Department of Justice (DoJ) and the Office of the Director of National Intelligence (white paper)[1] which provides information on the safeguards under U.S. law to limit the collection of data from private companies by U.S. intelligence services. … Continue Reading
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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
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
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