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Germany Publishes New Draft Rules for Cookies and Similar Technologies

On January 12, 2021, the German Ministry for the Economy and Energy released a new draft Law on Data Protection and the Protection of Privacy in Telecommunications and Telemedia (“TTDSG” or “draft law”).  If enacted, the draft law will replace the existing data protection and privacy provisions of Germany’s Telemedia Act and Telecommunications Act (“Telemedia … Continue Reading

Spanish Supervisory Authority Issues Guidance on Auditing Data Processing Activities Involving Artificial Intelligence

On January 12, 2020, the Spanish Supervisory Authority (“AEPD”) issued guidance on how to audit personal data processing activities that involve Artificial Intelligence (“AI”) (available here, in Spanish).  The AEPD’s guidance is directed at data controllers and processors, as well as AI developers, data protection officers (“DPO”), and auditors.  The guidance aims to help ensure … Continue Reading

European Commission Conducts Open Consultation on the European Health Data Space Initiative

On December 23, 2020, the European Commission (the “Commission”) published its inception impact assessment (“Inception Impact Assessment”) of policy options for establishing a European Health Data Space (“EHDS”).  The Inception Impact Assessment is open for consultation until February 3, 2021, encouraging “citizens and stakeholders” to “provide views on the Commission’s understanding of the current situation, … Continue Reading

Inside Privacy Audiocast: Episode 9 – China’s Approach to Data Protection

On the ninth episode of our Inside Privacy Audiocast, we peer through the looking glass at China’s approach to data protection and the latest developments in its emerging data protection and cybersecurity regime. Dan Cooper, Yan Luo and Zhijing Yu discuss the variety of legal instruments in China’s quickly-evolving data protection and cybersecurity regulatory landscape, and how these … Continue Reading

Supervisory Authorities Cannot Circumvent One-Stop-Shop According to CJEU Advocate General

On January 13, 2021, the Advocate General (“AG”), Michal Bobek, of the Court of Justice of the European Union (“CJEU”) issued his Opinion in Case C-645/19 Facebook Ireland Limited, Facebook Inc., Facebook Belgium BVBA v. the Belgian Data Protection Authority (“Belgian DPA”).  The AG determined that the one-stop shop mechanism under the EU’s General Data … Continue Reading

EDPB and EDPS Release Joint Opinion on Draft EU Standard Contractual Clauses

On January 19, 2021, the European Data Protection Board (“EDPB”) and the European Data Protection Supervisor (“EDPS”) issued a joint opinion on the draft standard contractual clauses for international data transfers (“draft SCCs”) published by the European Commission (“EC”) on November 12, 2020, including a marked-up version of the clauses. The EDPB/EDPS joint opinion proposes … Continue Reading

Council of the EU Released a (New) Draft of the ePrivacy Regulation

On January 5, 2021, the Council of the European Union released a new, draft version of the ePrivacy Regulation, which is meant to replace the ePrivacy Directive.  The European Commission approved a first draft of the ePrivacy Regulation in January 2017.  The draft regulation has since then been under discussion in the Council. On January … Continue Reading

Brexit Deal Keeps EU-UK Data Flows Open as Parties Pursue Mutual Adequacy

On December 24th, with a year-end deadline and the holidays fast approaching, European Commission and United Kingdom (“UK”) officials announced they reached a deal on the EU-UK Trade and Cooperation Agreement (“Agreement”).  Once formally adopted by the European Union (“EU”) institutions, the Agreement will govern the relationship between the EU and UK beginning on January … Continue Reading

Twitter Fine: a View into the Consistency Mechanism, and “Constructive Awareness” of Breaches

On December 15, 2020, the Irish Data Protection Commission (“DPC”) fined Twitter International Company (“TIC”) EUR 450,000 (USD 500,000) following a narrow investigation into TIC’s compliance with obligations to (a) notify a personal data breach within 72 hours under Article 33(1) GDPR; and (b) document the facts of the breach under Article 33(5) GDPR. The … Continue Reading

UK Government Plans for an Online Safety Bill

In April 2019, the UK Government published its Online Harms White Paper and launched a Consultation. In February 2020, the Government published its initial response to that Consultation. In its 15 December 2020 full response to the Online Harms White Paper Consultation, the Government outlined its vision for tackling harmful content online through a new … Continue Reading

China Publishes Lists and Rules Related to Import and Export of Commercial Encryption

On December 2, 2020, China’s Ministry of Commerce (“MOFCOM”), State Cryptography Agency (“SCA”), and the General Administration of Customs (“Customs”) jointly issued three documents (here) related to import and export of commercial encryption items: List of Commercial Encryption Subject to Import Licensing Requirement (“Import List”); List of Commercial Encryption Subject to Export Control (“Export List”); … Continue Reading

The European Commission publishes a proposal for a Regulation on European Data Governance (the Data Governance Act)

On 25 November 2020, the European Commission published a proposal for a Regulation on European Data Governance (“Data Governance Act”).  The proposed Act aims to facilitate data sharing across the EU and between sectors, and is one of the deliverables included in the European Strategy for Data, adopted in February 2020.  (See our previous blog … Continue Reading

EDPB adopts recommendations on international data transfers following Schrems II decision

On 11 November 2020, the European Data Protection Board (“EDPB”) issued two draft recommendations relating to the rules on how organizations may lawfully transfer personal data from the EU to countries outside the EU (“third countries”).  These draft recommendations, which are non-final and open for public consultation until 30 November 2020, follow the EU Court … Continue Reading

Inside Privacy Audiocast: Episode 7 – Brexit and the Future of UK Data Privacy Law

Over the past 9 months, the UK has been hammering out the shape of its future trading relationship with the EU, as well as many others, and there apparently are signs of progress in the past few days as a result of intensified talks between the two sides. Some are reporting a deal will be … Continue Reading

French Court of Cassation Decides That an Employer Can Use a Facebook Post to Dismiss an Employee

On September 30, 2020, the French Court of Cassation (“Court”) ruled in favor of an employer that dismissed an employee because of the contents of a Facebook post (the decision is available here, in French).  In particular, the employee in this case posted a photograph of a new clothing collection of the employer on a … Continue Reading

French Supervisory Authority Releases Strict Guidance on the Use of Facial Recognition Technology at Airports

On October 9, 2020, the French Supervisory Authority (“CNIL”) issued guidance on the use of facial recognition technology for identity checks at airports (available here, in French).  The CNIL indicates that it has issued this guidance in response to a request from several operators and service providers of airports in France who are planning to … Continue Reading

Inside Privacy Audiocast: Episode 6 – View from Johannesburg Part II: Top Data Policy Trends to Look Out For in Africa

Recently, there has been a significant level of attention given to data protection and privacy matters on the Continent, and in the just the past year, we have seen new laws proposed or enacted in places like Nigeria, Egypt, Kenya, and of course South Africa, although prior to that, places like Morocco, Ghana and Mali … Continue Reading

Inside Privacy Audiocast: Episode 5 – View From Johannesburg Part I: GDPR vs. POPIA – What Should Businesses Be Considering?

On June 22, 2020, the South African President announced that certain provisions of POPIA would take effect on July 1, provisions which most regard as essential to the statute, such as those imposing conditions on the lawful processing of personal information, procedures for handling complaints, and general enforcement provisions. Only days later, the South African Information … Continue Reading

New Guidelines for Companies from German Supervisory Authority (DPA-BW) following Schrems II

On September 7, 2020, the German data protection supervisory authority for Baden-Wuerttemberg (“DPA-BW”) released new guidelines following the Schrems II judgment on how companies should transfer data to third countries. For a more in-depth summary of the CJEU’s Schrems II decision, please see our previous blog post here and our audiocast episode here.… Continue Reading

AI, IoT, and CAV Legislative Update: EU Spotlight (Third Quarter 2020)

In this edition of our regular roundup on legislative initiatives related to artificial intelligence (AI), cybersecurity, the Internet of Things (IoT), and connected and autonomous vehicles (CAVs), we focus on key developments in the European Union (EU).… 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

U.S. Government Issues White Paper on Privacy Safeguards Following Schrems II

In the wake of the Court of Justice of the European Union’s (“ECJ”) Schrems II decision invalidating the EU-U.S. Privacy Shield (“Privacy Shield”) but upholding the validity of standard contractual clauses (“SCCs”), the U.S. government has released a White Paper entitled “Information on U.S. Privacy Safeguards Relevant to SCCs and Other EU Legal Bases for … Continue Reading

Five Key Themes from the FTC’s Data Portability Workshop

On September 22, 2020, the Federal Trade Commission (“FTC”) hosted “Data to Go,” a virtual workshop on data portability. The workshop convened experts from civil society, academia, and industry to discuss the potential risks as well as consumer and competition benefits of data portability, as well as issues and best practices related to its implementation … Continue Reading
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