On June 28, 2021, the European Commission adopted two decisions finding that the UK’s data protection regime provides an “adequate” level of protection for personal data transferred to the UK from the EU. The first decision covers transfers governed by the GDPR, and permits private companies located in the EU to continue to transfer personal data to the UK without the need for additional arrangements (such as the Commission’s new Standard Contractual Clauses (“SCCs”), which we discuss here). The second decision covers transfers under the Data Protection and Law Enforcement Directive, and permits EU law enforcement agencies to continue to transfer personal data to their counterparts in the UK.
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Data Privacy
Inside Privacy Audiocast Episode 15: Data Privacy Developments in Saudi Arabia and the Middle East
On Episode 15 of Covington’s Inside Privacy Audiocast, Dan Cooper is joined by Nick O’Connell, head of Al Tamimi’s Digital & Data practice in Saudi Arabia. Nick shares his insights on recent privacy developments in Saudi Arabia and the broader Middle East region, in particular as they relate to emerging…
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Members of the California Privacy Protection Agency Announced
The five members of the California Privacy Protection Agency (“CPPA”) were announced today. The members – who were appointed by Governor Newsom, Attorney General Becerra, Senate President pro Tempore Atkins, and Assembly Speaker Rendon – will lead the new agency, which will have rulemaking and enforcement authority under the California Privacy Rights Act (“CPRA”).
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European Commission Publishes Draft UK Adequacy Decisions
On February 19, 2021, the European Commission published two draft decisions finding that UK law provides an adequate level of protection for personal data. The first would allow private companies in the EU to continue to transfer personal data to the UK without the need for any additional safeguards (e.g., the Commission’s standard contractual clauses), while the second would allow EU law enforcement agencies to transfers personal data subject to Directive 2016/680 — the Data Protection and Law Enforcement Directive (LED) — to their UK counterparts.
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Inside Privacy Audiocast: Episode 11 – Latest Developments on the EU’s ePrivacy Regulation
The EU’s ePrivacy Regulation, like the EU GDPR, has been highly anticipated since it was first proposed in 2017. What are the current developments and next steps in the process to enactment? What are some of the complicating factors of the proposed Regulation? Are there major differences between the initial…
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Abu Dhabi Global Market Issues New Data Protection Regulations
On February 14, 2021, the Abu Dhabi Global Market (“ADGM”), one of two significant financial services free zones in the United Arab Emirates, enacted its new Data Protection Regulations 2021 (the “Regulations”). The Regulations will come into force and replace the current Data Protection Regulations 2015 following a transition period…
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Virginia Legislature Passes Comprehensive Privacy Law: The Virginia Consumer Data Protection Act
The Virginia Consumer Data Protection Act (HB 2307 / SB 1392), introduced in the House of Delegates on January 20, passed both houses of Virginia’s state legislature on February 5 with large bipartisan majorities. This comprehensive privacy bill, which would take effect on January 1, 2023, follows a similar framework as the current version of the Washington Privacy Act (“WPA”), though it differs from the WPA in important respects. We have included a high level summary of some of the bill’s provisions below.
The passage of nearly identical legislation by both chambers of the Virginia legislature positions the Virginia Consumer Data Protection Act to become the nation’s next comprehensive state privacy law. Lawmakers must reconcile the two bills before the end of the session on February 27, and, assuming a reconciled bill passes in both houses, it will be sent to Gov. Ralph Northam to sign into law or veto. If Gov. Northam takes no action, the reconciled bill would become law within seven days or, if there are fewer than seven days remaining in the General Assembly session, or if the General Assembly has adjourned, within thirty days.
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Inside Privacy Audiocast: Episode 10 – Data Privacy Day 2021: Trends to Watch
On this special tenth episode of our Inside Privacy Audiocast, we celebrate Data Privacy Day 2021. Join Dan Cooper and Kurt Wimmer as they discuss the key global data privacy developments in 2020 and trends to look out for in 2021.
Covington’s Inside Privacy Audiocast offers insights into topical global …
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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 Protection Regulation (“GDPR”) prevents supervisory authorities, who are not the lead supervisory authority (“LSA”) of a controller or processor, from bringing proceedings before their national court, except in limited and exceptional cases specifically provided for by the GDPR. The case will now move to the CJEU for a final judgment.
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Irish DPC publishes draft Fundamentals for a Child-Oriented Approach to Data Processing
On December 18, 2020, the Irish Data Protection Commission (“DPC”) published its draft Fundamentals for a Child-Oriented Approach to Data Processing (the “Fundamentals”). The Fundamentals introduce child-specific data protection principles and measures, which are designed to protect children against data processing risks when they access services, both online and off-line. The DPC notes that all organizations collecting and processing children’s data should comply with the Fundamentals. The Fundamentals are open for public consultation until March 31, 2021.
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