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
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
As of September 27, 2021, companies relying on Standard Contractual Clauses (SCCs) to transfer personal data outside the European Union (EU) must use the new Standard Contractual Clauses (New SCCs) when signing data processing agreements. As a result, it is time to update template data processing agreements to ensure that your company can meet this … Continue Reading
On May 20, 2021, the Belgian Supervisory Authority (Belgian SA) approved the EU Cloud Code of Conduct (EU Cloud CoC).[1] This is the first time that a Supervisory Authority has approved a transnational, industry-wide code of conduct under the General Data Protection Regulation (GDPR).[2] Cloud service providers (CSPs) will be able to rely on their … Continue Reading
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.… Continue Reading
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
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
On February 2, 2021, the European Data Protection Board (EDPB) issued guidance on the processing of personal data for research purposes in response to questions posed by the European Commission (Document). The Document aims to provide clarity on the application of the General Data Protection Regulation (GDPR) to scientific health research. In particular, the Document … Continue Reading
On January 18, 2021, the European Data Protection Board (EDPB), comprised of all national supervisory authorities (SAs) of the European Union, published draft guidelines for data breach notification1 (the Guidelines). The Guidelines provide useful insight into how regulators apply the General Data Protection Regulation (GDPR) personal data breach notifications rules. Specifically, they describe six common types of … Continue Reading
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
On December 24, 2020, the European Commission (EC) and UK government announced the long-awaited EU-UK Trade and Cooperation Agreement (the Brexit Agreement), which sets out the future relations between the EU and the UK. If approved, the Brexit Agreement will become effective on January 1, 2021, and will have the following repercussions:… Continue Reading
On December 8, 2020, the Supreme Court heard argument in Facebook, Inc. v. Duguid,1 a case addressing a split among federal circuit courts as to what constitutes an “automatic telephone dialing system”—often referred to as an “autodialer”—under the Telephone Consumer Protection Act (TCPA).2 The Court’s decision could significantly reduce the risk of TCPA litigation directed at online platforms … 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
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 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
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
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
On August 12, 2019, the Greek Ministry of Justice published the long-awaited, draft legislation for implementing the General Data Protection Regulation (GDPR). Greece and Slovenia are the only two European Union (EU) countries that have not yet implemented the GDPR. As an EU regulation, the GDPR has legally taken effect in every EU country, including … Continue Reading
On June 28, 2019, the French Data Protection Authority (CNIL) released its 2019-2020 action plan on ad targeting (action plan);1 among other things, the CNIL announced that it will issue new cookie guidance later this month and that, once the guidance is published, companies will have a 12-month grace period to come into compliance. Background … Continue Reading
On June 20, 2019, the UK’s Data Protection Authority (ICO) published a report on adtech and real-time bidding. The report highlights the main problems faced by the industry when applying the General Data Protection Regulation’s (GDPR’s) stringent requirements, and calls for further engagement on these issues by the different adtech players in the space. Background … Continue Reading
On May 22, 2019, a federal district court largely denied a facial challenge by Disney, Viacom, and several online advertising networks to claims alleging these defendants violated the privacy rights of children by collecting data through online gaming apps. In McDonald v. Kiloo APS,[1] the defendants consisted of two groups: the developers who created the … Continue Reading
On May 22, 2019, WSGR and the Future of Privacy Forum (FPF) co-hosted an event focusing on advertising technology and how to overcome the challenges of complying with evolving global privacy requirements. Jules Polonetsky from FPF opened the program, focusing on the evolution of online advertising, from contextual to programmatic behavioral advertising. WSGR attorneys Lydia … Continue Reading
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