Tag Archives: Europe

Italian DPA Issues Record Data Privacy Fine

By Luca Tosoni and Dan Cooper On 2 February 2017, the Italian DPA (“Garante”) imposed a record fine of 5,880,000 Euros on a UK company operating in Italy for its violation of the data privacy consent rules contained in Italian law.  This is the largest data privacy fine ever issued by a European data protection … Continue Reading

Switzerland and US Announce New Commercial Data Transfer Framework

On January 12, 2017, the U.S. Federal Trade Commission announced the adoption of a Swiss-U.S. Privacy Shield, to replace the existing Swiss-U.S. Safe Harbor Agreement.  Companies have a three month grace period to switch from the old to the new regime. The Swiss version of the Privacy Shield had to be negotiated following the invalidation … Continue Reading

New EU GDPR Guidance: Data Portability, Data Protection Officers, and the One Stop Shop

The Article 29 Working Party (“WP29”) – the representatives of national data protection regulators in the EU – has issued new guidance on three important aspects of the new General Data Protection Regulation (“GDPR”), which comes into force in May 2018. This first salvo of GDPR-focused guidance concerns: the new “Right to Data Portability”, an … Continue Reading

Luxembourg Bill Amending the Data Protection Act with regard to the Authorization Regime

On August 31, 2016, a bill was presented to the Luxembourg Parliament (the “Bill”) to amend the Law of August 2, 2002, on the Protection of Persons with regard to the Processing of Personal Data. The Bill aims to reduce the current administrative burden and anticipates the application of the General Data Protection Regulation (“GDPR”) … Continue Reading

EDPS Issues Opinion on Big Data and Enforcement

As announced last week, the European Data Protection Supervisor (“EDPS”) released on September 23, 2016 an opinion on “coherent enforcement of fundamental rights in the age of big data.”  This opinion follows an earlier Preliminary Opinion on privacy and competitiveness in the age of big data, published in 2004 (see our previous blog post here). … Continue Reading

EU Organizations Call for More Support for Cloud Computing in Healthcare

The EU-U.S. Privacy Shield’s recent introduction has created an efficient mechanism to ensure that trans-Atlantic personal data flows are lawful.  With that in place, attention is now turning back to restrictions within the EU, particularly around hosting data in cloud computing services. European healthcare is particularly affected by such restrictions.  This has motivated a significant … Continue Reading

EU Passes Sweeping New Privacy and Data Security Laws

As forecast in our latest blog on the topic (available here), the European Parliament today voted into law a new General Data Protection Regulation (“GDPR”) that will replace the EU’s all-encompassing Data Protection Directive as of mid-2018. Today’s vote brings to a close a legislative process that has lasted nearly five years; the law’s official publication, which should be … Continue Reading

European Commission Launches Consultation on Reform of the ePrivacy Directive

By Ezra Steinhardt and Vera Coughlan Following the expected approval of the final text of the General Data Protection Regulation (“GDPR”) in the European Parliament this week, the Commission is now turning its attention towards the ePrivacy Directive. On Monday (April 11, 2016), the Commission launched a public consultation to review and propose changes to the … Continue Reading

Privacy Shield: Top Five Reasons It’s Tougher Than the Safe Harbor, Whether You Should Certify, and Next Steps

As noted in our post yesterday, the text of the EU-U.S. Privacy Shield, the upcoming trans-Atlantic data-transfer framework between the EU and U.S. to replace the invalidated U.S.-EU Safe Harbor, has been released by the U.S. Department of Commerce.  Commerce’s release coincided with the release of a draft adequacy decision by the European Commission. A … Continue Reading

EU DPA Enforcement Guidance Post-Schrems

Industry eagerly awaits further guidance from data protection authorities (“DPAs”) relating to the EU-U.S. Privacy Shield as well as on the validity (or otherwise) of other mechanisms for transfers to the U.S. such as standard contractual clauses (“SCCs”) and binding corporate rules (“BCRs”).  As we explained in recent posts (here and here), publication of an … Continue Reading

Article 29 Working Party Reacts to the U.S.-EU Privacy Shield Agreement

On February 3rd, the Article 29 Working Party, representing Europe’s data protection authorities, published its reaction to the announcement of a new “Privacy Shield” political agreement between the European Commission and the U.S. Government.  The Privacy Shield agreement, announced on February 2nd (and further described in our blog post here), is intended to replace the … Continue Reading

European Court of Human Rights Rules That Employers Can Monitor Employee Private Communications

On January 12, 2016, the European Court of Human Rights (ECtHR) ruled that an employer who had monitored an employee’s private communications during working hours had not breached the employee’s right to privacy (under Article 8 of the European Convention on Human Rights). This judgment will influence how other European national courts and regulators view … Continue Reading

Political Agreement on the EU General Data Protection Regulation – Start of a New EU Privacy Era?

By Monika Kuschewsky, Charlotte Ryckman and Vera Coughlan Today, the EU institutions reached the long-awaited political agreement on the General Data Protection Regulation (GDPR), which will fundamentally change the EU privacy landscape (for the Commission press release see here and the European Parliament press release here).  Almost four years after the publication of the legislative … Continue Reading

EU Parliament Policy Report Takes Dim View of EU Commission’s “Pro-Market” Policies on Big Data and Smart Devices

A European Parliament policy department has released a report, entitled Big Data and Smart Devices and Their Impact on Privacy, that criticizes the lack of focus on privacy and data protection in the European Commission’s “Digital Single Market” policy agenda, noting a “conflicting” intersection between the Commission’s Digital Single Market objectives and the EU’s efforts, … Continue Reading

EU-U.S. Safe Harbor: Judgment in the Schrems Case Scheduled For October 6

The Court of Justice of the European Union (“CJEU”) in Luxembourg will render its judgment in the Schrems case (C-362/14 Maximilian Schrems v Data Protection Commissioner) on October 6, at 9:30 am CET (see here). For details on the case and its potential implications for the U.S.-EU Safe Harbor, see our earlier blog post (here) … Continue Reading

Progress on EU GDPR Reform: International Aspects Debated

A second round of “trilogue” negotiation on the EU General Data Protection Regulation (GDPR), on July 14th, has addressed the law’s territorial scope and rules relating to international data transfers (Articles 3 and Chapter 5, respectively). Although no agreed text has been released, public comments made by Jan Philipp Albrecht, the European Parliament’s lead negotiator … Continue Reading

U.S. and EU Miss Target for Safe Harbor Renegotiation, But Remain Optimistic

The U.S. and EU’s negotiators on the EU-U.S. Safe Harbor data transfer program have missed an end of May target date for reaching an agreement on amendments to the program. They nevertheless publicly reaffirmed their commitment to reaching an agreement on the Safe Harbor program, and on an “Umbrella Agreement” that would protect personal data … Continue Reading

Article 29 Working Party Updates BCR Guidance

On June 2, 2015, the Article 29 Working Party updated its published guidance on the topic of Processor BCRs.  In their latest guidance document, the Working Party focus specifically on the sensitive topic of disclosures to  law enforcement agencies (LEAs). By means of Processor BCRs, data processors are able to share EU-originating personal data within … Continue Reading

Committees of European Parliament Hold Confirmation Hearing for Commissioner-Designate for Justice, Consumers, and Gender Equality

By Sophie Noya and Henriette Tielemans From September 29 to October 7, 2014, parliamentary Committees of the European Parliament (“EP”) will be holding public confirmation hearings with Commissioners-designates with a view to assessing their skills and qualifications ahead of the EP’s vote on October 22 to approve (or reject) the Council’s appointment of the new … Continue Reading

EU Court of Justice clarifies the definition of personal data and scope of access requests

By Jacqueline Clover and Monika Kuschewsky   The Court of Justice of the European Union (‘CJEU’) has ruled that an analysis produced by an administrative agency to inform and support the agency’s formal decisions (‘legal analysis’) is not of itself “personal data” as defined under Directive 95/46/EC (the ‘EU Data Protection Directive’).  This is the … Continue Reading

EU Parliamentary Elections: What Impact on the EU Data Protection Reform?

By: Sophie Noya On May 22-25, EU citizens elected Members of the European Parliament (“MEPs”) for a five-year term.  Several of the key parliamentary decision-makers on the data protection reform have been reelected, including the strongest supporters of far-reaching privacy rights such as the rapporteur, German Green Member Jan Philipp Albrecht, and Dutch Liberal Sophia … Continue Reading

EU Data Retention Directive Declared Invalid by Court of Justice of the EU

By Philippe Bradley and Mark Young The Court of Justice of the European Union (CJEU) today held that the EU Data Retention Directive (Directive 2006/24/EC)1 is invalid.  The CJEU ruled that the retention of data under the Directive constitutes an impermissibly broad and serious interference with fundamental human rights to private life and the protection of personal … Continue Reading

EU Article 29 Working Party Publishes Guidance on Data Breach Notification

By Philippe Bradley and Ezra Steinhardt Last week, the Article 29 Data Protection Working Party published a non-binding Opinion on data breach notifications, titled Opinion 03/2014 on Personal Data Breach Notification (the Opinion).  The Opinion provides helpful new guidance to companies seeking to understand whether or not notifications about a breach must be made to … Continue Reading
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