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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.
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. How does conducting a DTIA relate to GDPR compliance?
Our top-five European dataprotection developments from February are: European Commission publishes guidelines on prohibited AI practices : The EU Commission has published non-binding guidance on the EU AI Acts prohibited use cases. Spanish Telecomm Provider Fined 1.2
privacy legislation, is now addressing these technologies with a new set of proposed rules by the California Privacy Protection Agency (CPPA). The European Unions General DataProtection Regulation (GDPR) , particularly Article 22 , addresses similar concerns by regulating decisions made solely through automated processing.
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.
Building on prior European guidance , the French and Irish DPAs published guidance on the deployment of generative AI, large language models and dataprotection. To that end, the EDPB proposed designating DPAs as the “national competent authorities” under the AI Act to create a single point of contact.
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.
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. See , our post on what to do in light of the new EU SCCs.
There were a few European dataprotection developments in February that companies may want to have on their radar. On the regulatory front, German DPAs have set up a taskforce to conduct random checks on companies’ cross-border data transfer compliance following Schrems II. We cover those developments (and more) below.
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. In December 2020, the Regional Court of Bonn held that, when reducing a €9.6
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
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”.
Our top-five European dataprotection developments from August are: Uber fined for personal data transfer: The Dutch DataProtection Authority fined Uber €290 million for the unlawful transfer of European drivers’ personal data to the U.S., without sufficient safeguards.
The AEPD held that a DPO cannot hold a position that leads them to determine the purposes and means of data processing. These developments, and more, covered below.
EDPB “Consent or pay” models: Businesses operating large online platforms should consider the European DataProtection Board’s recent opinion indicating that “consent or pay” models are unlikely to be GDPR-compliant.
Third country data transfers : Businesses that transfer personal data outside of the EEA may want to review their transfer mechanisms in light of new guidance on the EU and South East Asia SCCs, and the DPC’s record-breaking €1.2 billion fine against Meta. These developments, and more, covered below. (1)
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.
Dataprotection & 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.
As multi-jurisdiction dataprotection 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.
Key takeaways this April include: UK children’s dataprotection 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.
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. There is a clear link here between the assessment of necessity and compliance with the purpose limitation principle.
GDPR one-stop-shop: Businesses wishing to take advantage of the GDPR one-stop-shop system should take note of a new digest, published by the European DataProtection Board, which analyses the decisions made by so-called Lead Supervisory Authorities in this context.
Management will also face new overarching and specific obligations to approve, oversee and manage DORA-related compliance frameworks. Despite this, there remain public interest exemptions for court proceedings and law enforcement purposes. The ban follows recent public sector scandals involving the use of facial recognition technology.
Businesses may want to consider how the courts reasoning may apply to other circumstances when dealing with disclosure requests. For example, the Garante notes the need to incorporate dataprotection by design and by default principles within any AI systems used in the healthcare space. UK and U.S.
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.
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). The dataprotection issues in each situation with video technologies may differ, as well as the legal analysis when using a particular technology.
With this regard, it is essential to know about the privacy legislation of this country since, nowadays, most internet businesses process the personal data of their clients, and they should do it in compliance with dataprotection laws. So, what “agreed in principle” proposals are worth paying attention to?
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.
When calculating the fine, the CNIL cited the large scale of the data processing and the high proportion of minors (38% were between 13 and 17) as aggravating factors. The fines follow non-compliance notices CNIL served to 60 organisations that did not allow users to refuse cookies as easily as to accept them.
But with the increase of business information in layers, comes the challenge of protecting personal and sensitive information, too. Amidst a world where cyber threats are becoming very advanced and prevalent, it is now imperative to uphold robust compliance to security frameworks, as well as sufficient cybersecurity measures , to secure data.
A wave of state legislation with dataprotection requirements places new obligations on businesses and public institutions. Supreme Court rulings have found that the First, Third, Fourth, and Fifth amendments of the Constitution contain a right to privacy. The history of privacy law The roots of privacy law in the U.S.
Key takeaways from March include: CNIL data security practice guide: The French DPA published an update of its data security practice guide for dataprotection officers, chief information security officers, computer scientists and legal experts. These developments, and more, are covered below.
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.,
The judiciary is divided into, constitutional, civil and criminal courts, administrative courts and courts of conflict. Most of them either provide law firm management products or dataprotectioncompliance automation tools. There are also quasi-legal authorities like arbitration committees for consumers.
. : 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”). Data Privacy Framework (the “DPF”).
If the subpoena issued is in federal litigation, your company is likely responsible for the cost of compliance, especially if it has a connection to the litigation. Companies must also foot the bill for consumer data requests authorized under privacy regulations unless the request is “excessive.” Cardinal Growth, L.P. ,
May saw useful reminders for companies, including: (i) the need to appoint an EU – and/or UK – representative if caught by the (UK) GDPR’s extraterritorial effect; (ii) that regulators are increasingly focused on adtech and cookies compliance; and (iii) that the GDPR applies not just in the EU and UK but also Iceland, Liechtenstein and Norway.
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.
Receive the added benefit of software that understands estate planning regulations and legal compliance so you can be assured your work is error-free. Task tracking and automation : Stay on top of critical steps like document signing, court filings, and follow-ups with automated task lists and reminders for each estate plan or probate matter.
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.
Managing a law firm requires more than overseeing cases and delegating tasksit demands a strategic approach that balances client expectations, regulatory compliance, and operational efficiency. This includes financial management, client communication, human resources, compliance, marketing, and technology integration.
In light of these trends, we have also included four tips for companies seeking to establish practical compliance and governance programs related to their ADM systems. What Laws Apply to Automated Decision-Making?
Data Privacy Restrictions Will Increase With the growing awareness and importance of data privacy, governments and corporations will encounter more stringent regulations globally. The General DataProtection Regulation (GDPR) is an early example of this. This may be especially true for data that crosses national borders.
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.
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