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Our top-eleven European dataprotection developments for the end of 2024 are: EU Cyber Resilience Act: The Council of the European Union approved the Cyber Resilience Act , introducing cybersecurity requirements for digital products sold in the EU. The UK Upper Tribunal did not consider the provisions under the UK GDPR.
Every day, more and more companies face the problem of personal dataprotection. As companies are increasingly scrutinised for proper dataprotection, it’s worth paying close attention to the latest best practices to avoid dealing with the potential negative consequences of a data breach.
International data transfers in GDPR compliance are complex, as data are transferred to third countries outside the European Union (EU) or the European Economic Area (EEA). Suppose you are interested in personal dataprotection issues. What should the DTIA note for transferring personal data from the EU to Ukraine?
Recently, the Cologne District Court ruled that a German mobile operator’s use of Google Analytics violated the GDPR’s requirements for international data transfers. The Cologne District Court ruling only applies to the defendant in the case, Telekom Deutschland GmbH.
million fine against Austrian Post for channelling electronic dataprotection-related inquiries to a web form and not offering an additional email address, irrespective of the data subject option to also use non-electronic postal mail or customer service.
UK DPA launches data transfer consultation What happened : The ICO launched a consultation covering its international data transfer guidance, draft transfer risk assessment tool (“TRA”) and draft international data transfer agreement (“ IDTA ”). These developments, and more, covered below.
Subject access requests : The possibility that companies responding to data subject access requests from individuals will have to provide copies of entire documents containing their personal data, rather than only extracts. The court concluded that the legitimate interest could have been furthered through less intrusive means.
million for vendor oversight failings, unlawful cross-border transfers What happened : The AEPD, the Spanish dataprotection authority (“DPA”), fined Vodafone Spain €8.15 4 million was for allegedly deficient oversight of Vodafone’s data processors. Here are our highlights of what you need to know.
The big news this November was the European DataProtection Board (the “EDPB”) issuing its highly anticipated post- Schrems II data transfer guidance, followed just a day later by the European Commission’s draft updated Standard Contractual Clauses (“SCCs”) (see our blog post here ). Bonn Regional Court slashes Telco’s €9.55
The Summer 2023 Edition of the quarterly IT & DataProtection Newsletter by Reed Smith Germany has just been released: English version German version This edition covers the following topics: New adequacy decision for EU-U.S. data transfers CJEU: Requirements for GDPR damage claims CJEU: Lawfulness of processing in case of Art.
There were a few European dataprotection developments in February that companies may want to have on their radar. What to do: As we reported previously there is increasing convergence between European dataprotection and competition law enforcement. The Regional Court in Berlin recently dismissed the €14.5
In March 2023, Meta Platforms lost a class action lawsuit against the Dutch Data Privacy Stichting in an Amsterdam court, acting in conjunction with the Consumentenbond, the Dutch Consumers’ Association. Those purposes must be clearly specified and communicated.” of the Dutch Telecommunications Act.
In this post, we look back at the 2020 European dataprotection landscape and five trends that help companies understand not only where we are, but where dataprotection enforcement, litigation, and practice may be headed. million against Marriott for its 2018 data breach When you dig deeper though, two key points emerge.
ICO targets the data broking industry : On 27 October, the ICO demanded that Experian make sweeping changes to dataprotection practices within its direct marketing business within three months or face further enforcement action. We will continue to report on developments as Experian’s appeal progresses.
Here are our highlights: European Commission adopts new Standard Contractual Clauses What happened : As reported in our blog post , the European Commission adopted its new Standard Contractual Clauses (“SCCs”) for the cross-border transfer of personal data from the EEA to “third countries”.
The key development from April must be the European DataProtection Board (“EDPB”) approving the draft UK adequacy decisions from the European Commission (the “Commission”). Companies will be relieved that they are one step closer towards maintaining the seamless flow of data between the EU and the UK.
European DataProtection Roundup – July Key takeaways from developments this July include: a blockbuster €746 million fine against Amazon – the largest ever GDPR penalty – showing the Regulation’s teeth; the challenges of GDPR-compliant facial recognition, after a Spanish supermarket chain was fined €2.5
Brazil’s Lei Geral de Proteção de Dados Pessoais (or LGPD), similar to GDPR, CCPA and PIPEDA, regulates personal dataprotection. If the company does not process personal data in Brazil but still processes data to offer or supply goods or services to Brazil, the LGPD also applies in this case.
As covered in our Annual Review , 2020 was a blockbuster year for European dataprotection. The guidelines will be a new “go to” resource for those preparing for, and responding to, data breaches. Deliveroo algorithm ruled discriminatory by Italian court. English court rules GDPR does not apply to U.S. website.
UK ICO provides new risk assessment tool for Article 46 transfers What happened : On 17 November 2022, the UK ICO published updated guidance on international data transfers. Despite this, there remain public interest exemptions for court proceedings and law enforcement purposes.
Therefore, a logical question arises: what should an employer know about the use of personnel monitoring tools in order not to violate the requirements of personal dataprotection legislation? Justifying the need for monitoring The General DataProtection Regulation (GDPR) does not prohibit surveillance of employees in the workplace.
As the judge says resignedly, “Taking these provisions directly from a law enacted in the United Kingdom, the California Legislature left it to the courts to pass the CAADCA through the filter of our First Amendment.” Unsurprisingly, on remand, the district court declared the rest unconstitutional.
The role of codes of conduct in protecting personal data and what you need to know about compliance (and the consequences of deciding to comply but not doing so). Codes of conduct are referred to in Article 40 of the GDPR as a way of properly applying the GDPR. As a reminder: What is the code of conduct, and why is it needed?
On May 4, 2023, the Court of Justice of the European Union (‘CJEU’) decided, in case C-487/21 , that the right to obtain a ‘copy’ of personal data means that the data subject must provide with a faithful and intelligible reproduction of all personal data. Background. Fulfilling the right of access.
On March 2, 2023, the Court of Justice of the EU (“CJEU”) decided, in case C-268/21 , that the GDPR applies to the production of evidence in civil court proceedings. The case sets limits on, but does not preclude, the production of personal data in court proceedings.
We also saw developments in the courts on when companies will be liable to pay individuals damages for GDPR violations and the German anti-trust regulator using its new enforcement powers. This follows a February 2021 reference by the German courts to the CJEU on whether the GDPR imposes a materiality threshold for damages claims.
On March 4, 2023, the European Court of Justice (”CJEU”) issued its judgment on case C-300/21, UI v Österreichische Post AG. In the Court’s view, Article 82 requires establishing: (i) “damage”, either material or non-material; (ii) an actual infringement of the GDPR; and (iii) a causal link between the two.
The Court of Justice of the European Union (“ CJEU ”) issued a judgment on the 9 th of February 2023 (docket no. C-453/21) , which addresses the question of the dismissal of a DataProtection Officer (“ DPO ”) and the interpretation of Article 38 of the EU GDPR. KG. (“ X-FAB ”) and several of its group companies.
Thanks to our recent audio coverage and a related Above The Law article (hat-tip Bob Ambrogi ), I learned that the first ABA TECHSHOW took place in 1986, the same year our culture met Oprah Winfrey, had “ the need for speed ”, and was graced with the birth of Lady Gaga. ABA TECHSHOW 2019: Trending: GDPR and Data Privacy Laws?
.] * * * The European Union’s Digital Services Act (“DSA”), a significant legislative act of 93 articles and 156 recitals, will become fully effective from this Saturday, February 17, 2024. The DSA will require much agency and court interpretation to give legal certainty to intermediaries and the recipients of their services.
There is more clarity on the views of the UK dataprotection authority on whether a “Reject All” option in the first layer of a cookie consent management solution is required. This is more likely be compliant with dataprotection law, as firms will be better placed to demonstrate that the user has a genuine free choice.“
2022 was another busy year in privacy and dataprotection. Regulations surrounding privacy and data continue to develop at a rapid pace. Andreas Splittgerber , Munich – “2023 will be a landmark year for AI regulations in Europe. Sven Schonhofen , Munich – “Cookie compliance will continue to be an enforcement trend.
On October 26, 2023, the European Court of Justice (“CJEU”) decided that the GDPR grants a patient the right to obtain a copy of his or her medical record free of charge ( case C-307/22, FT v DW ). If you have any questions about the interaction between dataprotection and local laws we are happy to assist.
HealthCareInfoSecurity.com reported that “A user of the now-shuttered BreachForums in April 2021 posted a data set of 533 million Facebook profiles, including mobile numbers, email addresses and names scraped from the site in 2018 and 2019.” Facebook reported revenue of $23 billion in 2022 and $39 billion in 2021.
Collective action proceedings may be brought before national courts by qualified entities designated by their member state, who may seek injunctive relief and/or redress measures, including compensatory relief, reimbursement for damage, price reductions and/or product repairs, on behalf of consumers. Information about collective actions.
6, 2018, the Article 29 Working Party (Working Party 29) published Working Paper 261 (WP 261), which provided guidance on the provisions of Article 49 of the European Union’s (EU) General DataProtection Regulation (GDPR).
The Tribunal found that, although the data processing activities carried out by Clearview constituted the monitoring of the behaviour of UK data subjects (and therefore fell within the territorial scope of Article 2 UK General DataProtection Regulation (UK GDPR).),
Compliance and Security Law firms have a huge responsibility to handle client data with care that obliges them to adhere to strict ethical rules, maintain confidentiality, and ensure compliance with various dataprotection laws. Encourage team members to take breaks, use their vacation time, and participate in wellness programs.
The Agency was not able to rely on other GDPR legal bases such as “compliance with a legal obligation” (Article 6(1)(c)) and “performance of a task carried out in the public interest” (Article 6(1)(e)). If you have any questions about these cases, please reach out as we are happy to assist.
Businesses operating in France should take these new blockbuster fines as another reminder of the importance of dataprotection frameworks and policies. These decisions are not yet final and may still be appealed before the Conseil d’Etat, the French top court for administrative matters. Background. and amazon.fr
The agenda featured a diverse range of topics, such as Modern Data, Link Files, eDiscovery Case Law, and Artificial Intelligence, making it an exceptional experience for attendees. Plaintiffs asked the Court to enter default judgment against the City, or, in the alternative, for an adverse-inference instruction. Doe LS 340 v.
Where ADM is permitted under Article 22 based on a contractual relationship or explicit consent, the company must also implement measures to safeguard the data subject’s rights, including rights to obtain human intervention, express their point of view, and contest the decision.
Starting from 1 March 2021, if a data subject’s personal data is posted on a publicly available resource, the operator of that resource (the “data operator”) must obtain a specific consent from the data subject to allow for public disclosure of that individual’s data (“Special Consent”). Special Consent.
On May 4, 2023, the Advocate General (“AG”) of the Court of Justice of the European Union (“CJEU”) issued its opinion in case C-683/21 , which examines the GDPR concepts of “controller”, “joint controller”, and “processor”, as well as the GDPR’s liability system. This is for the national court to determine.
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