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Personal Data: A Relative Concept?

Advocate General Spielmann opines that personal data can be pseudonymous in the hands of one party and anonymous in the hands of another....more

GDPR Fines to Be Determined by Reference to Global Turnover of Corporate Group

The CJEU has decided that the maximum thresholds for GDPR fines should be calculated using the global turnover of the broader corporate group, not solely the infringing entity....more

India’s Digital Personal Data Protection Act 2023 vs. the GDPR: A Comparison

Companies subject to India’s new data protection law should assess practical implications. The Indian parliament enacted India’s first comprehensive data protection law on 11 August 2023, namely the Digital Personal Data...more

CJEU Sets High Bar for Responses to Data Subject Access Requests

Organisations must provide individuals with information on the specific recipients of their data upon request. The Court of Justice of the European Union (CJEU) has ruled that organisations must generally disclose the...more

CJEU Advocate General Rejects Strict Liability for GDPR Fines

The CJEU’s final ruling could subject companies to direct GDPR enforcement by DPAs notwithstanding national procedural rules, but may rule against strict liability under the GDPR. On 27 April 2023 Advocate General of the...more

UK Data Protection and Digital Information (No. 2) Bill: What Is Changing?

The updated reform legislation provides welcome guidance and clarifications on aspects such as legitimate interests and accountability, without substantially shifting the approach proposed under the existing reform bill. ...more

Action Needed as PE Faces Evolving Web of Digital Economy Regulation

Navigating evolving digital economy regulation requires a sophisticated and proactive approach from dealmakers. Amid the ongoing global proliferation of regulation governing the digital economy, EU and UK legislators are...more

UK Data Protection Bill: Examination of Key Provisions (Part 2)

Areas of interest include anonymisation, “recognised legitimate interests”, and the ICO’s role. The UK Data Protection and Digital Information Bill (the Bill) sets out the government’s proposals for reforming the current...more

UK Data Protection Bill: Overview of Proposed Changes (Part 1)

The bill would largely build on the UK data protection regime’s EU GDPR-style framework, albeit with UK-specific provisions. The UK government introduced the Data Protection and Digital Information Bill (the Bill) to...more

UK Data Protection Reform: Examining the Road Ahead

UK government sets out ambitious proposal for reforming the UK data protection landscape. On 17 June 2022, the Department for Culture, Media and Sport (DCMS) published its response to its consultation “Data: a new...more

CJEU AG Sets High Bar for Responses to Data Subject Access Requests

The Advocate General argues that organisations should provide individuals with information on the specific recipients of their personal data. Advocate General Giovanni Pitruzzella (AG) of the Court of Justice of the...more

EDPB Emphasizes “Dissuasive” Fines in New Draft Guidelines on GDPR Fine Calculation

The EDPB sets out relevant steps and factors that EU supervisory authorities should consider when calculating administrative fines under the GDPR. On 16 May 2022, the European Data Protection Board (EDPB) adopted draft...more

CNIL Publishes White Paper on Digital Payments and Data Privacy

The French Data Protection Authority’s white paper discusses how companies can comply with data privacy and security obligations. The use of card, contactless, and innovative digital payment solutions has significantly...more

New Standard Contractual Clauses and Final EDPB Recommendations - Next Steps

Companies have three months to prepare to use the latest standard contractual clauses for new data transfers, and 18 months to migrate existing arrangements. On 4 June 2021, the European Commission released its...more

Datenschutzorganisation startet Kampagne gegen Webseiten-Betreiber in der EU auf Basis eigener Interpretation der Regeln für...

Die Datenschutzorganisation noyb droht mit über 10.000 Beschwerden wegen möglicher rechtswidriger Verwendung von Cookies. Am 31. Mai 2021 startete die Datenschutzorganisation noyb (die Abkürzung steht für „none of your...more

Privacy Group Launches Cookie Complaints Campaign Against EU Website Operators Based on Its Interpretation of Cookie Rules

The privacy organisation noyb will file more than 10,000 complaints for use of cookies contrary to its interpretation of compliance. On 31 May 2021, the nonprofit privacy organisation noyb (short for “none of your...more

Data Protection Brexit Checklist: Businesses Can Rely on Personal Data Transfer Grace Period

As the Brexit transition period draws to a close, businesses will need to consider their data protection efforts to comply with both UK and EU regimes. The end of the Brexit transition period on 31 December 2020 will have...more

The Commission’s Draft Updated Standard Contractual Clauses - A Close Look

The European Commission has published draft updated standard contractual clauses in light of the Schrems II decision. On 12 November 2020, the European Commission (the Commission) published a draft implementing decision,...more

The EDPB’s Draft Data Transfer Guidance Follows Schrems II – A Close Look

The EDPB takes a strict approach in its recent guidance on international data transfers following Schrems II, posing a difficult challenge for businesses. On 10 November, the European Data Protection Board (EDPB) released...more

Privacy and Payments: New Draft EU Advice for Financial Institutions

As contactless transactions boom, EU regulators publish draft guidelines on the interplay between the GDPR and PSD2. Last year, more than half of all payments in the UK were made by card and contactless methods, while cash...more

Big-Ticket Fines and Veil-Piercing Cases Raise Portfolio Company Liability Risks for PE Parents

How can private equity firms identify and mitigate inherited liability risk from vulnerable portfolio companies? Ongoing big ticket regulatory fines coupled with high profile corporate veil cases indicate that private...more

How Are European Supervisory Authorities Exercising Cooperation and Consistency In Practice?

Recent action by the Hamburg authority may present implications for companies regulated by a lead data protection supervisory authority in Europe. A German supervisory authority has initiated an investigation into Google’s...more

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