Debevoise Data Blog

NOVEMBER 21, 2023

Data protection & AI: In particular: (i) the French CNIL published its first set of guidance on GDPR compliance when developing AI tools; and (ii) the UK ICO issued a preliminary enforcement notice against Snap over its AI chatbot, alleging that Snap had not adequately assessed the privacy risks posed to child users of the tool.

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Debevoise Data Blog

DECEMBER 22, 2023

Businesses may want to consider how the courts reasoning may apply to other circumstances when dealing with disclosure requests. For further discussion on the principle of “security by design”, see our previous blog post. The intersection between GDPR compliance and AI has been the subject of detailed analysis in a previous blog post.

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Debevoise Data Blog

JANUARY 25, 2024

Nevertheless, when considering the appropriateness of protective measures, the obligation rests on the data controller to prove that they met the required standard. The rulings arose at the request of both the German and Lithuanian courts, following local administrative fines. The Court ruled that: “Scoring” (i.e.,

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Debevoise Data Blog

MAY 12, 2023

Key takeaways this April include: UK children’s data protection focus continues: Businesses may wish to review policies and procedures for dealing with children’s data in light of recent UK ICO fines and guidance, especially to ensure that terms of use are adequately enforced. 22, as set out by the court.

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Debevoise Data Blog

JUNE 8, 2023

As we covered here , last October, the CNIL fined Clearview AI €20 million for various data protection violations, including “intrusive and massive” data processing without consent or a valid legitimate interest. 82 (see our May 2021 , August 2021 , and October 2022 blog posts for previous developments).

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Debevoise Data Blog

APRIL 26, 2024

Key takeaways from March include: CNIL data security practice guide: The French DPA published an update of its data security practice guide for data protection officers, chief information security officers, computer scientists and legal experts. To subscribe to the Data Blog, please click here.

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Debevoise Data Blog

MARCH 26, 2023

As multi-jurisdiction data protection concerns expand and opportunities to rely on a lead supervisory authority may narrow , the EDPB is emphasising consistency of decisions between national supervisory authorities through, among other measures, the development of approval procedures that require a cooperation phase and the creation of task forces.

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Debevoise Data Blog

SEPTEMBER 9, 2021

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.

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Debevoise Data Blog

NOVEMBER 1, 2021

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.

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Debevoise Data Blog

OCTOBER 12, 2021

million fine against Austrian Post for channelling electronic data protection-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.

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Debevoise Data Blog

DECEMBER 13, 2022

What to do : Read our blog post for detailed guidance on scope, applicability and penalties under NIS2, including how to prepare for the revised incident reporting, security and management oversight obligations. Despite this, there remain public interest exemptions for court proceedings and law enforcement purposes.

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Debevoise Data Blog

APRIL 8, 2021

million for vendor oversight failings, unlawful cross-border transfers What happened : The AEPD, the Spanish data protection authority (“DPA”), fined Vodafone Spain €8.15 4 million was for allegedly deficient oversight of Vodafone’s data processors. See our blog post here for further tips on managing the latest landscape.

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Debevoise Data Blog

JULY 20, 2021

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”.

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Debevoise Data Blog

AUGUST 16, 2023

. : Business may want to revisit their cross-border data transfer arrangements following the new adequacy decision for the EU-U.S. Data Privacy Framework, assess whether they are eligible to self-certify and, if they are, whether it makes sense to. Data Privacy Framework (the “DPF”).

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Debevoise Data Blog

DECEMBER 10, 2020

The big news this November was the European Data Protection 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 ). million fine by over 90%.

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Debevoise Data Blog

MARCH 11, 2021

There were a few European data protection developments in February that companies may want to have on their radar. We will continue to report on progress through the Blog. What to do: As we reported previously there is increasing convergence between European data protection and competition law enforcement.

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Debevoise Data Blog

AUGUST 5, 2021

European Data Protection 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

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Debevoise Data Blog

MAY 7, 2021

The key development from April must be the European Data Protection 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.

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Eric Goldman

APRIL 28, 2023

by guest blogger Jess Miers, Legal Advocacy Counsel at Chamber of Progress [Eric’s intro: last year I blogged about Minnesota’s flirtation with mandatory age verification. Among their targets were the Data Protection Impact Assessment requirements, which NetChoice argued amounted to prior restraint and compelled speech.

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Debevoise Data Blog

FEBRUARY 20, 2023

Relatedly, a Swedish Court upheld the Swedish IMY’s 2022 reprimand of Klarna Bank AB for failing to disclose information regarding the specific recipients of personal data to a requesting data subject; providing the categories of recipients only was insufficient.

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Debevoise Data Blog

JANUARY 21, 2021

In this post, we look back at the 2020 European data protection landscape and five trends that help companies understand not only where we are, but where data protection enforcement, litigation, and practice may be headed. million against Marriott for its 2018 data breach When you dig deeper though, two key points emerge.

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Debevoise Data Blog

FEBRUARY 10, 2021

As covered in our Annual Review , 2020 was a blockbuster year for European data protection. 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.

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Debevoise Data Blog

NOVEMBER 10, 2020

ICO targets the data broking industry : On 27 October, the ICO demanded that Experian make sweeping changes to data protection 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.

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Debevoise Data Blog

JUNE 16, 2021

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. These decisions follow the CNIL’s October 2020 updated cookies guidelines (see our blog post ).

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Eric Goldman

FEBRUARY 15, 2024

Marketa Trimble [Eric’s introductory note: I briefly addressed the DSA in this blog post , along with the attached meme. The DSA will require much agency and court interpretation to give legal certainty to intermediaries and the recipients of their services. by guest blogger Prof.

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Technology Law Dispatch

JULY 31, 2023

Please click here to access the source post from our Global Regulatory Enforcement Law Blog. In this blog, the authors delve into a significant decision by the German Federal Cartel Office (FCO) four years ago, accusing a major technology company of abusive behavior due to alleged violations of the General Data Protection Regulation (GDPR).

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Debevoise Data Blog

SEPTEMBER 25, 2024

However, data controllers and processers should be aware that the UK’s Information Commissioner’s Office (“ICO”) can also carry out dawn raids as part of investigations into compliance with data protection laws. The ICO must obtain a court warrant to conduct a dawn raid. unlawfully obtaining personal data).

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Inside Privacy

NOVEMBER 13, 2023

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 ). The scope of GDPR’s right of access (see our blog posts here and here ) has been heavily litigated both at EU and national level.

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Inside Privacy

MAY 4, 2023

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. Fulfilling the right of access.

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Inside Privacy

MAY 5, 2023

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.

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Inside Privacy

JUNE 1, 2023

It has been well-publicized that the Irish Data Protection Commission (“DPC”) has imposed a record €1.2 billion fine and corrective measures under the GDPR against Meta Ireland (“Meta”) in a long-running dispute relating to cross-border data transfers and the EU standard contractual clauses (“SCCs”).

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Inside Privacy

FEBRUARY 27, 2023

As reported in our previous blog post , the RAD aims to harmonize member state frameworks on collective actions ( i.e. , whereby multiple claimants may lodge a claim or claims as a group) across the EU. National courts dismissal of certain claims. The main takeaways of the RAD are as follows: The role of qualified entities.

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Inside Privacy

JULY 17, 2023

The decision, which took effect on the day of its adoption, concludes that the United States ensures an adequate level of protection for personal data transferred from the EEA to companies certified to the DPF. This designation enables EU data subjects to submit complaints concerning alleged violations of U.S.

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Inside Privacy

MAY 3, 2023

On April 27, 2023, the Advocate General (“AG”) of the Court of Justice of the European Union (“CJEU”) issued its opinion in the case C-807/21 on the conditions for imposing GDPR fines on legal persons (e.g., million fine the Berlin Supervisory Authority imposed on Deutsche Wohnen SE for infringing the GDPR’s data retention obligations.

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Eric Goldman

OCTOBER 16, 2023

[Sorry it’s take me this long to get this blog post off my desk. The AADC would require many businesses to sort their online visitors into adults and children–necessarily requiring age authentication–so that children can receive heightened statutory protections. I hope it was worth the wait.] It’s not a close call.

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Debevoise Data Blog

SEPTEMBER 21, 2022

In the wake of the Court of Justice of the European Union’s decision in Schrems II (covered here and here ) and Brexit, the EU and UK respectively updated and issued new cross-border transfer clauses. To subscribe to the Data Blog, please click here. What happened?

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new tech law blog

MARCH 14, 2022

This interest was generated among other sources by numerous complaints filed by NOYB—European Center for Digital Rights in the last year with data protection authorities, and has resulted in guidance and several decisions issued by regulators in recent months (e.g. in Austria, Belgium and France).

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