The Digital Services Act (“DSA”) is nearing final approval. The DSA imposes new rules on providers of intermediary services (e.g., cloud services, file-sharing services, search engines, social networks and online marketplaces). As we reported in July, the European Parliament voted to adopt the DSA on 5 July 2022. As we wait for the Council to adopt it, there have been a couple of updates in recent weeks, which we set out below. We will keep this blog updated as the finish line approaches.

Continue Reading Nearing the Finish Line: Updates on the Digital Services Act

On June 23, 2022 the Italian data protection authority (“Garante”) released a general statement (here) flagging the unlawfulness of data transfers to the U.S. resulting from the use of Google Analytics.  The Garante invites all Italian website operators, both public and private, to verify that the use of cookies and other tracking tools

On April 23, 2022, the European Parliament and Council of the EU announced that they reached a provisional political agreement on the Digital Services Act (“DSA”) during their final trilogue meeting.  The news comes roughly one month after the provisional political agreement on the Digital Markets Act (“DMA”).

Both acts are part of the European

On 26 August 2021, the UK Government unveiled a package of announcements which effectively set out its post-Brexit data strategy.

This blog looks at the politics around the costs and benefits of a Brexit divergence dividend in this sector, which the UK Government views as a key area of competitive advantage.
Continue Reading Data Divergence: A Brexit Dividend?

On June 21, 2021, the European Data Protection Board (“EDPB”) published its finalized recommendations on measures that supplement transfer tools to ensure compliance with the General Data Protection Regulation (“GDPR”), where organizations transfer personal data from the European Economic Area (“EEA“) to a country outside the EEA (“third country”) (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.
Continue Reading EDPB Adopts Finalized Recommendations on Supplemental Transfer Tools to Ensure GDPR-Compliant Data Transfers

On June 15, 2021, the Court of Justice of the European Union (“CJEU”) rendered a decision (press release here, full judgment here) addressing whether a European supervisory authority (“SA”) that is not the “Lead SA” (as defined in Article 56 GDPR) has competence to bring a case for an alleged violation of the General Data Protection Regulation (“GDPR“) before a national court in instances where the alleged violation involved the processing of personal data across multiple EU Member States.  In such scenarios, a controller with a main establishment in Europe will typically seek to benefit from the so-called “one-stop-shop” principle under Article 56 GDPR, meaning the controller would need to answer to only one SA rather than be subject to enforcement actions brought by numerous SAs.
Continue Reading CJEU Decides on Competence of Supervisory Authorities to Bring Cases Before National Courts under the GDPR

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.

Continue Reading European Commission Proposes New Artificial Intelligence Regulation

On 10 September 2020, the UK Information Commissioner’s Office (“ICO”) published its beta-phase “Accountability Framework” (“Framework”).  The Framework is designed to assist organisations, of any size and across all sectors, in complying with the accountability principle under the GDPR and in meeting the expectations of the ICO.

The Framework will help those within organisations who are responsible for implementing data protection compliance strategies.  The ICO envisages that organisations will use the Framework in conjunction with other relevant guidance and materials available from the ICO.  The ICO emphasises that each organisation must be mindful of its own circumstances when managing data protection risks, and that a “one size fits all” approach should not be adopted.
Continue Reading UK Information Commissioner’s Office Publishes Draft Accountability Framework Tool

The Court of Justice of the European Union’s recent decision in the “Schrems II’ case was one of the most highly anticipated decisions in the world of data privacy, striking down the EU-U.S. Privacy Shield, but upholding the validity of standard contractual clauses.

Tune in to the first episode of Covington’s Inside Privacy Audiocast, where