Nicholas Shepherd

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German Court Overturns GDPR Fine, Raises Legal Questions About Fines Against Companies

On February 18, 2021, the District Court of Berlin overturned a €14.5 million fine that had been imposed on German real estate company Deutsche Wohnen SE.  The Court held that the fine – which was issued by the Berlin Supervisory Authority (“SA”) and had been the second highest fine in Germany so far under the … Continue Reading

French Supervisory Authority Publishes Results of Public Consultation on the Digital Rights of Minors

In January 2021, the French Supervisory Authority (“CNIL”) published a summary report of contributions it received in response to a public consultation and survey on the digital rights of minors launched in April 2020 (see the press release here and a summary report here, both in French).  Stakeholders who responded to the consultation included companies, … Continue Reading

A New Day for GDPR Damages Claims in Germany?

Until now, damages claims awarded by German courts pursuant to Article 82 of the General Data Protection Regulation (“GDPR”) – in particular, claims for non-material damages – have been relatively low.  This restrained approach thus far has been predicated primarily on the position that German law requires a serious violation of personality rights to justify … Continue Reading

EDPB Publishes Draft Guidelines on Data Breach Notification Examples

On January 18, 2021, the European Data Protection Board (“EDPB”) published its draft Guidelines 01/2021 on Examples regarding Data Breach Notification (“Guidelines”) (available here).  The Guidelines aim to assist data controllers in responding to and assessing the risk of personal data breaches, providing “practice-oriented, case-based guidance” which draws from the experiences of European supervisory authorities … Continue Reading

French Supervisory Authority Publishes Final Version of Cookie Guidelines, Says It Will Start Enforcing Them in April 2021

On October 1, 2020, the French Supervisory Authority (“CNIL”) published the final version of its Guidelines on cookies and other tracking technologies (hereafter, “guidelines” – see announcement here, and guidelines here, in French), as well as an adjoining set of best practice recommendations (in French) with examples on how to implement the guidelines.  In this … Continue Reading

Life After Schrems II: Practical Recommendations In An Uncertain Time

On 16 July, 2020, the Court of Justice of the EU (“CJEU”), issued its decision in the Schrems II case.  In short, the CJEU invalidated the EU-U.S. Privacy Shield and clarified that the use of standard contractual clauses (“SCCs”) requires data controllers to conduct a case-by-case assessment of the level of data protection that SCCs … Continue Reading

European Commission Publishes 2-Year Report on the Implementation of the GDPR

On June 24, 2020, the European Commission (“Commission”) published its much-anticipated assessment of the EU’s General Data Protection Regulation (“GDPR”) two years after it went into effect.  The assessment takes into account contributions from the European Council, the European Parliament, the European Data Protection Board (“EDPB”), individual supervisory authorities, the Multi-Stakeholder Expert Group and other … Continue Reading

German Federal Agencies Publish Privacy and IT Security Requirements for Digital Health Applications

On April 21, 2020, the Regulation on the Requirements and Reimbursement Process for Digital Health Applications (Digitale Gesundheitsanwendungen-Verordnung or „DiGAV“, available here) entered into force in Germany.  Among other provisions, the DiGAV includes specific IT security and privacy requirements.  Shortly after the law took effect, Germany’s Federal Medicines and Medical Devices Agency (“BfArM”) also released … Continue Reading

UK ICO Issues Opinion on Apple-Google Initiative for a Contact Tracing Framework

On April 17, 2020, the UK’s Information Commissioner’s Office (“ICO”) issued an opinion on the recently announced Apple-Google initiative to develop a Bluetooth-based Contact Tracing Framework (“CTF”) to help prevent the spread of COVID-19.  The ICO opinion is generally supportive of the Apple-Google proposal and perceives it to be, at this early phase, aligned with … Continue Reading

European Commission’s plans on data and Europe’s digital future (Part 3 of 4)

On 19 February 2020, the new European Commission published two Communications relating to its five-year digital strategy: one on shaping Europe’s digital future, and one on its European strategy for data (the Commission also published a white paper proposing its strategy on AI; see our previous blogs here and here).  In both Communications, the Commission … Continue Reading

European Commission Presents Strategies for Data and AI (Part 1 of 4)

On 19 February 2020, the European Commission presented its long-awaited strategies for data and AI.  These follow Commission President Ursula von der Leyen’s commitment upon taking office to put forward legislative proposals for a “coordinated European approach to the human and ethical implications of AI” within the new Commission’s first 100 days.  Although the papers … Continue Reading

French Supervisory Authority Publishes Guidance for Website and App Developers

On January 27, 2020, the French Supervisory Authority (“CNIL”) issued a guidance for developers of websites and applications which sets out the main principles of the General Data Protection Regulation (“GDPR”), expounds on their application in the online environment, and gives practical tips to help developers respect users’ privacy when deploying websites and apps. The … Continue Reading

Dutch Court Decides on Scope of GDPR Right of Access

In late December 2019, the Court of The Hague (Netherlands) published a preliminary reference procedure (see here, in Dutch).  The Court was asked to decide on the scope of the right of access under the GDPR. The defendant in this case was a bailiff involved in the bankruptcy procedure.  The individual who was target of … Continue Reading

EDPB Publishes Article 28 Standard Clauses Adopted by Danish Supervisory Authority

On December 11, 2019, the European Data Protection Board (“EDPB”) published the final text of the standard clauses adopted by the Danish Supervisory Authority (Datatilsynet, hereafter “Danish SA”) pursuant to Article 28(8) of the General Data Protection Regulation (“GDPR”).  The Danish clauses are now accessible on the EDPB’s register of decisions taken by Supervisory Authorities.  … Continue Reading

German Constitutional Court Reshapes “Right to be Forgotten” and Expands Its Oversight of Human Rights Violations

In two recent landmark decisions issued on November 6, 2019, the German Constitutional Court (“BVerfG”) presented its unique perspective on the “right to be forgotten” and announced that it will assume a greater role in safeguarding German residents’ fundamental rights from now on.… Continue Reading

China Seeks Public Comments on Draft Measures for the Publication of Cybersecurity Threat Information

On November 20, 2019, the Cyberspace Administration of China (“CAC”) released the draft Measures for the Publication of Cybersecurity Threat Information (“Draft Measures”) for public comment.  (An official Chinese version is available here).  The comment period ends on December 19, 2019. The release of the Draft Measures marks an important step forward in implementing Article … Continue Reading

ICO Launches Public Consultation on New Data Sharing Code of Practice

On July 16, 2019, the UK’s Information Commissioner’s Office (“ICO”) released a new draft Data sharing code of practice (“draft Code”), which provides practical guidance for organizations on how to share personal data in a manner that complies with data protection laws.  The draft Code focuses on the sharing of personal data between controllers, with … Continue Reading

European Commission Issues Report on the Implementation of the GDPR

On July 24, 2019, the European Commission (“the Commission”) published a report appraising Europe’s progress in implementing the General Data Protection Regulation (“GDPR”) as a central component of its revamped data protection framework.  In its report, the Commission highlights certain achievements resulting from implementation efforts, calls attention to issues that require further action, and describes … Continue Reading

European Data Protection Board Issues Opinion on U.S. CLOUD Act

On July 10, 2019, the European Data Protection Board (“EDPB”) and the European Data Protection Supervisor (“EDPS”) issued a joint assessment of the impact of the U.S. Clarifying Overseas Use of Data Act (“CLOUD Act”) on the legal framework for the protection of personal data in the EU. The EDPB is an independent body composed … Continue Reading

China Seeks Public Comments on Draft Measures related to the Cross-border Transfer of Personal Information

On June 13, 2019, the Cyberspace Administration of China (“CAC”) issued the draft Measures on Security Assessment of the Cross-border Transfer of Personal Information (“Draft Measures”) for public comment. (The official Chinese version of the Draft Measures is available here, and an unofficial English translation is available here.) The comment period ends on July 13, … Continue Reading

CAC Releases Draft Regulation on the Protection of Children’s Personal Information Online

On May 31, 2019, the Cyberspace Administration of China (“CAC”) released the draft Regulation on the Protection of Children’s Personal Information Online (“Draft Regulation”) for public comment. (An official Chinese version is available here and an unofficial English translation of the Draft Regulation is available here.) The comment period ends on June 30, 2019. As mentioned … Continue Reading

China Releases Draft Measures for Data Security Management

On May 28, 2019, the Cyberspace Administration of China (“CAC”) released the draft Measures for Data Security Management (“Draft Measures”) for public comment. (An official Chinese version of the Draft Measures is available here and an unofficial English translation is available here.) The comment period ends on June 28, 2019. The release of these Draft Measures demonstrates … Continue Reading

China Seeks Public Comments on Draft Regulation on Cybersecurity Review of Network Products and Services

On May 24, 2019, the Cyberspace Administration of China (“CAC”) released the draft Measures on Cybersecurity Review (“Draft Measures”) for public comment. (An official Chinese version of the Draft Measures is available here and an unofficial English translation is available here). The comment period ends on June 24, 2019. The publication of these Draft Measures … Continue Reading

China’s Ministry of Public Security Issues New Personal Information Protection Guideline

On April 19, 2019, China’s Ministry of Public Security (“MPS”) released the final version of its Guideline for Internet Personal Information Security Protection (互联网个人信息安全保护指南) (the “Guideline”).  A previous version of the Guideline was released for public comments on November 30, 2018. Under China’s Cybersecurity Law (the “CSL”), MPS is the key regulator tasked with protecting … Continue Reading
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