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Today, June 4th, 2021, the European Commission (“Commission”) published the final version of its new standard contractual clauses for the international transfer of personal data (“SCCs”) (see here).  While the final version retains much of the language of the draft version released in November 2020 (see here), it includes several notable updates.  When finalizing the SCCs, the Commission took into account the joint opinion of the European Data Protection Board (“EDPB”) and the European Data Protection Supervisor, feedback submitted by stakeholders during the public consultation period, and the opinions of EU Member States’ representatives.

In this blog post, we identify several key features of the new SCCs that organizations should keep in mind when preparing to implement them in contractual agreements going forward.

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Continue Reading European Commission Publishes New Standard Contractual Clauses

In April 2021, the European Commission released its proposed Regulation Laying Down Harmonized Rules on Artificial Intelligence (the “Regulation”), which would establish rules on the development, placing on the market, and use of artificial intelligence systems (“AI systems”) across the EU. The proposal, comprising 85 articles and nine annexes, is part of a wider package of Commission initiatives aimed at positioning the EU as a world leader in trustworthy and ethical AI and technological innovation.

The Commission’s objectives with the Regulation are twofold: to promote the development of AI technologies and harness their potential benefits, while also protecting individuals against potential threats to their health, safety, and fundamental rights posed by AI systems. To that end, the Commission proposal focuses primarily on AI systems identified as “high-risk,” but also prohibits three AI practices and imposes transparency obligations on providers of certain non-high-risk AI systems as well. Notably, it would impose significant administrative costs on high-risk AI systems of around 10 percent of the underlying value, based on compliance, oversight, and verification costs. This blog highlights several key aspects of the proposal.

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Continue Reading European Commission Proposes New Artificial Intelligence Regulation

On February 2, 2021, the European Data Protection Board (“Board”) responded to questions submitted by the European Commission (“Commission”) on the application of the General Data Protection Regulation (“GDPR”) to health research.  The Board also announced that it is currently working on guidelines on the processing of personal data for scientific research purposes, which it aims to publish in the course of 2021.
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Continue Reading European Data Protection Board Answers Commission’s Questions on Health Research

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, problem and possible solutions”.
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Continue Reading European Commission Conducts Open Consultation on the European Health Data Space Initiative

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 1, 2021, following the end of the Brexit transition period.

The Agreement is likely to avert a year-end scramble to secure cross-border data transfers between the EU and the UK.  Although the final text has not yet been published, a UK government summary of the deal indicates that the parties agreed to allow for the continued free flow of personal data for up to six months to allow time for the EU and UK to adopt mutual “adequacy decisions,” in which each jurisdiction may recognize the other as offering adequate protection for transferred personal data.  Absent these adequacy decisions (and the interim period established by the Agreement), organizations would need to consider implementing additional safeguards, such as standard contractual clauses, to transfer personal data between the EU and UK.…
Continue Reading Brexit Deal Keeps EU-UK Data Flows Open as Parties Pursue Mutual Adequacy

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 here for a summary of the Commission’s European Strategy for Data.)  The press release accompanying the proposed Act states that more specific proposals on European data spaces are expected to follow in 2021, and will be complemented by a Data Act to foster business-to-business and business-to-government data sharing.

The proposed Data Governance Act sets out rules relating to the following:

  • Conditions for reuse of public sector data that is subject to existing protections, such as commercial confidentiality, intellectual property, or data protection;
  • Obligations on “providers of data sharing services,” defined as entities that provide various types of data intermediary services;
  • Introduction of the concept of “data altruism” and the possibility for organisations to register as a “Data Altruism Organisation recognised in the Union”; and
  • Establishment of a “European Data Innovation Board,” a new formal expert group chaired by the Commission.

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

On 10 September 2020, the European Commission proposed an interim regulation designed to enable online communications service providers to combat child sexual abuse online. Once in force, this regulation will provide a legal basis for providers to voluntarily scan communications or traffic data on their services for the limited purpose of detecting child sexual abuse material online.
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Continue Reading European Commission Proposes Interim Regulation to Combat Child Sexual Abuse Online

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 stakeholders.  The assessment considers a wider scope of issues surrounding GDPR implementation beyond international transfers and the cooperation and consistency mechanisms, the two topics the Commission is specifically tasked to consider under Article 97 of the GDPR.

The Commission’s overall conclusion is that the GDPR has successfully achieved its objectives of enhancing the protection of personal data and improving the free flow of personal data within the EU.  The Commission specifically highlights the key role that the GDPR plays in the EU’s “human-centric approach to technology,” and notes that it will serve as a guiding legal framework for the EU as it rolls out its broader Data Strategy.  The Commission also notes the impact that the GDPR has had worldwide, inspiring new or elevated standards for data protection in many countries, and serving as a “global standard-setter” for regulating the digital economy.

Notwithstanding these achievements, the Commission also makes clear that there are a number of areas for improvement.

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

On 8 April 2020, the European Commission adopted a recommendation on a common European Union toolbox for the use of technology and data to address the COVID-19 crisis (“Recommendation”).  The Recommendation responds to calls for a common EU approach to the use of mobile apps in combatting COVID-19—one that improves the efficacy of the technology while respecting citizens’ privacy rights.

The Recommendation has since been complemented by a separate Commission guidance paper on COVID-19 apps (“Guidance”) and release of a Common EU Toolbox for Member States (“Toolbox”) by the EU’s eHealth Network, a Commission-established body comprised of Member State authorities responsible for eHealth matters.   In addition, the European Data Protection Board (“EDPB”), which contributed to the Guidance, has published a letter to the Commission in response to the Guidance (“Letter”).

This blog will discuss the headline points contained within the Recommendation, Guidance, Toolbox, and Letter.  We will publish more detailed analyses of the Toolbox and Guidance in subsequent blogs.

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Continue Reading EU Commission Releases Guidance on COVID-19 Apps