Legal IT Group

MAY 17, 2023

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.

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Debevoise Data Blog

AUGUST 27, 2024

Building on prior European guidance , the French and Irish DPAs published guidance on the deployment of generative AI, large language models and data protection. To that end, the EDPB proposed designating DPAs as the “national competent authorities” under the AI Act to create a single point of contact.

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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

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

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

SEPTEMBER 23, 2024

Our top-five European data protection developments from August are: Uber fined for personal data transfer: The Dutch Data Protection Authority fined Uber €290 million for the unlawful transfer of European drivers’ personal data to the U.S., without sufficient safeguards.

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Dewey B Strategic

DECEMBER 10, 2023

On December 7, 2023 Wolters Kluwer released the following announcement : Legal & Regulatory division continues to redefine the landscape for legal professionals Wolters Kluwer Legal & Regulatory (LR) today announced an innovative feature for legal professionals: Generative Pre-training Transformer (GPT)-generated summaries of court rulings.

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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. In December 2020, the Regional Court of Bonn held that, when reducing a €9.6

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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 ). Bonn Regional Court slashes Telco’s €9.55

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Technology Law Dispatch

FEBRUARY 7, 2023

We hope you enjoy reading it.

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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. What to do: As we reported previously there is increasing convergence between European data protection and competition law enforcement. The Regional Court in Berlin recently dismissed the €14.5

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Technology Law Dispatch

AUGUST 2, 2023

The Summer 2023 Edition of the quarterly IT & Data Protection 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.

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Debevoise Data Blog

MAY 28, 2024

EDPB “Consent or pay” models: Businesses operating large online platforms should consider the European Data Protection Board’s recent opinion indicating that “consent or pay” models are unlikely to be GDPR-compliant.

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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

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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Debevoise Data Blog

SEPTEMBER 27, 2023

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.

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Debevoise Data Blog

JULY 30, 2024

Our top five European data protection developments from June are: Non-material damage under GDPR: The CJEU clarified the scope of compensation for non-material damage in the context of identity theft and data subjects’ fear that their personal data had been exposed. To subscribe to the Data Blog, please click here.

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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

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 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

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

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

FEBRUARY 27, 2024

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 Data Protection Board, which analyses the decisions made by so-called Lead Supervisory Authorities in this context.

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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

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

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. The amount of compensation should be assessed by Member State courts under their domestic rules.

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Debevoise Data Blog

DECEMBER 13, 2022

Despite this, there remain public interest exemptions for court proceedings and law enforcement purposes. The Garante stated that “[t]he moratorium arises from the need to regulate eligibility requirements, conditions and guarantees relating to facial recognition, in compliance with the principle of proportionality.”

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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. These developments, and more, are covered below.

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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 example, the Garante notes the need to incorporate data protection by design and by default principles within any AI systems used in the healthcare space. UK and U.S.

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Legal IT Group

APRIL 28, 2023

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. Thus, investigating the issue of processing sensitive data for advertising purposes, the court determined in paragraph 13.14

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Eric Goldman

MARCH 17, 2025

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.

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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 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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Legal IT Group

SEPTEMBER 29, 2023

Brazil’s Lei Geral de Proteção de Dados Pessoais (or LGPD), similar to GDPR, CCPA and PIPEDA, regulates personal data protection. 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.

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Legal IT Group

MARCH 21, 2023

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 data protection legislation? Justifying the need for monitoring The General Data Protection Regulation (GDPR) does not prohibit surveillance of employees in the workplace.

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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”). Data Privacy Framework (the “DPF”).

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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. This follows a February 2021 reference by the German courts to the CJEU on whether the GDPR imposes a materiality threshold for damages claims.

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