EU Data Protection

On December 20th, 2022, the French Data Protection Authority (“CNIL”) closed down an investigation against a US company providing a browser extension (the “Company”), after finding that its activities were not subject to the GDPR. The CNIL’s decision is available here in French.

The Company provides a browser extension (the “Extension”) allowing users to obtain

On December 28, 2022, the Spanish Data Protection Authority (“AEPD”) published a statement on the interplay between its recently approved Spanish code of conduct for the pharmaceutical industry and the European Federation of Pharmaceutical Industries and Associations’ (“EFPIA”) proposal for an EU code of conduct on clinical trials and pharmacovigilance.  The statement relates specifically to the legal basis for processing personal data in the context of clinical trials.Continue Reading The Spanish AEPD Publishes Statement on the Interplay Between its Code of Conduct for the Pharmaceutical Industry and the Potential EU Code of Conduct on Clinical Trials

On December 15, 2022, the Advocate Generals (“AG”) of the Court of Justice of the European Union (“CJEU”) issued two separate opinions in cases C‑487/21 and C‑579/21 on the right of access, pursuant to Article 15 GDPR.  The first case concerns the proper interpretation and application of Article 15(3), which permits a data subject to obtain a “copy” of their personal data, among other things. The second case concerns whether the right of access includes the right to receive the identity of the controller’s employees, who are processing the data subject’s personal data in the scope of their employment.Continue Reading CJEU’s Advocate General Issues Opinions on the GDPR’s Right of Access to Personal Data

On December 14, 2022, the members of the Organization for Economic Co-operation and Development (“OECD”) (which includes various EU Member States, Mexico, Turkey, the UK and the United States) and the EU, adopted the Declaration on Government Access to Personal Data held by Private Sector Entities (“Declaration”).  Continue Reading OECD and the EU adopt Declaration on Government Access to Personal Data

On December 13, 2022, the European Commission released its draft adequacy decision on the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), which, once formally adopted, would recognize that the United States ensures an adequate level of protection for personal data transferred from the EU to organizations certified under the EU-U.S. DPF.  The draft decision follows the issuance of Executive Order 14086 on Enhancing Safeguards for U.S. Signals Intelligence Activities (“EO 14086”) by President Biden on October 7, 2022 (see our previous blog post here), and the political agreement reached between the EU and the U.S. in March 2022 (see our previous blog post here).

As many had expected, the draft adequacy decision assesses the limitations and safeguards relating to the collection and subsequent use of personal data transferred to controllers and processors in the United States by U.S. public authorities.  In particular, the draft decision assesses whether the conditions under which the U.S. government may access data transferred to the United States fulfill the “essential equivalence” test pursuant to Article 45(1) of the GDPR, as interpreted by the Court of Justice of the European Union (“CJEU”) in Schrems II (see our previous blog post here). Continue Reading European Commission Releases Draft Adequacy Decision on the EU-U.S. Data Privacy Framework

On November 22, 2022, the Grand Chamber of the Court of Justice of the European Union (“CJEU”) issued its judgment in joint cases C‑37/20 and C‑601/20, holding that provisions of an EU anti-money laundering directive relating to the publication of beneficial ownership registers were incompatible with the EU Charter of Fundamental Rights (“CFR”). The Court found that while deterring money laundering was a valid objective, making data available to the general public was neither a necessary nor proportionate way to achieve this objective, so contravened the CFR. The judgment demonstrates the Court’s view that sharing a person’s personal data with a third party is a serious intrusion, and that the Court will carefully scrutinize any such sharing.

Although the case concerned the CFR, it sheds light on how the Court approaches similar principles that apply in other contexts, including in the context of the GDPR.Continue Reading CJEU Invalidates Public Anti-Money Laundering Registers on Privacy Grounds

On October 6, 2022, the Advocate General (“AG”) of the Court of Justice of the European Union (“CJEU”) released an opinion in case C-300/21 to the effect that a controller or processor’s non-compliance with the GDPR does not automatically entitle data subjects to receive compensation for non-material damages pursuant to Article 82 GDPR.  According to the AG, compensation is meant to remedy the consequences caused by a breach of the GDPR, and therefore a data subject must have suffered damage that he or she can affirmatively demonstrate.Continue Reading CJEU Advocate General Issues Opinion on Non-Material Damages for GDPR Breach

On October 18 and 21, 2022, the European Data Protection Board (“EDPB“) published updated guidelines (i) on personal data breach notification under the GDPR and (ii) on identifying a controller or processor’s lead supervisory authority, respectively. Both guidelines are in draft form and are open to public consultation until the end of November.Continue Reading EDPB Publishes Updated Guidelines on Personal Data Breach Notification and Identifying the Lead Supervisory Authority

The upcoming date of December 27, 2022, marks the end of the roughly one year and a half-long transition period that companies had to replace any the old versions of the standard contractual clauses for international transfers of personal data by the new standard contractual clauses, which the European Commission adopted on June 4, 2021.  As of December 27, 2022, EU Supervisory Authorities may start GDPR enforcement proceedings against any companies that still on to the old version of the standard contractual clauses.

Covington is well placed to assisting clients in amending their contracts to take into account the new standard contractual clauses and, more generally, to ensure compliance with the GDPR rules on international data transfers.Continue Reading Countdown for Implementing the New EU Data Transfer Contracts and Overview of other EU Transfer Developments

On October 7, 2022, President Biden signed an Executive Order directing the steps that the United States will take to implement its commitments under the new EU-U.S. Data Privacy Framework.  The framework was announced by the U.S. and the EU Commission in March 2022, after reaching a political agreement in principle (see our blog post