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Individuals are increasingly making use of their right to access their personal data under applicable privacy laws in the EU.

It can be a challenge for companies to handle such requests, and in particular, if a request concerns a complex data set, there are a high number of requests, or the right is exercised for strategic reasons, such as in HR or legal disputes. The right of access is, however, not absolute, and its restrictions vary across Member States, adding further complexity to the matter. How to handle such requests and apply these restrictions is commonly set out in internal policies and procedures. We set out below the current landscape as well as a recent enforcement trend.

Continue Reading Weaponization of Data Subject Access Requests in the EU

On October 27, 2023, the Federal Trade Commission (FTC) announced it is amending the Safeguards Rule of the Gramm-Leach-Bliley Act (GLBA) to include a requirement for non-bank financial institutions to report certain data breaches and other security events to the agency.

Continue Reading FTC Amends Safeguard Rule with Requirement for Non-Banking Financial Institutions to Report Data Security Breaches

California residents may soon be able to click “backspace” on data brokers doing business in the state. On October 10, 2023, California Governor Gavin Newsom signed Senate Bill 362, colloquially known as the Delete Act, into law. The statute amends the state’s existing data broker registration law and builds on the state’s primary privacy law, the California Consumer Privacy Act (CCPA), by adding to residents’ ability to exercise their personal information deletion rights. Most notably, the law establishes a one-stop mechanism where state residents will be able to request—in one verifiable request—that all data brokers delete their personal information.

Continue Reading California Enacts One-Stop Mechanism for Data Broker Deletion Requests

The Online Safety Bill (OSB or Bill) passed its final reading in the UK’s Parliament in September 2023. The Bill will become law in the coming weeks, ushering in a new era for the regulation of digital services in the UK. Online platforms and search services that fall within the scope of the legislation will be subject to proactive content risk assessment and mitigation duties oriented at protecting users, regardless of where those services are established. The Bill has attracted considerable media attention due to its anticipated impact on the operation of online services in the UK, as well as the potential for it to interfere with freedom of speech.

Continue Reading Flagship Online Safety Bill Moves Closer to Enactment in the UK: Who Will Be in Scope and What Will It Require?

On September 21, 2023, the UK Government announced the establishment of the “UK-US data bridge” (the Bridge), also known as the UK Extension to the EU-U.S. Data Privacy Framework (the DPF). The announcement promises to simplify compliance issues surrounding the transfer of personal data from the UK to the U.S.

Continue Reading UK-U.S. Data Bridge Commencement Date Announced

On September 6, 2023, the European Commission (EC) returned from its summer break with full force and announced the designation of six tech companies as so-called “gatekeepers” under the EU’s Digital Markets Act (DMA) and…

Continue Reading Into the Final Stretch: Six Gatekeepers Confirmed Under the EU’s Digital Markets Acts