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German Federal Labor Court Grants Damages Under the GDPR for the Use of Employee Data: 7 Things for Companies to Consider

On May 8, 2025, the Federal Labor Court Bundesarbeitsgericht (“BAG”) issued a significant ruling concerning an employee’s claims for damages due to unlawful data transfers within a corporate group. The BAG ruled that works...more

EU Commission Publishes Guidelines on the Prohibited AI Practices under the AI Act

While the authorities’ publications on AI have recently tended to be in the area of data protection (such as the EDPB, which we covered here and here), the European Commission has recently published its first set of [draft]...more

The European Data Protection Board Shares Opinion on How to Use AI in Compliance with GDPR

The European Data Protection Board's (EDPB) Opinion 28/2024 provides valuable insights into the intersection of artificial intelligence and data protection, particularly in the context of compliance with the EU General Data...more

IAPP Europe Data Protection Congress 2024 – Key Takeaways

Over 3,000 privacy professionals from around the world gathered in Brussels recently for the 13th International Association of Privacy Professionals’ Europe Data Protection Congress 2024. The conference focused on the...more

The European Data Act: 5 Things Cloud Services Provider Should Know

This Essential Guide to the European Data Act is part of Orrick's Cybersecurity & Privacy Compass Series. The Cybersecurity & Privacy Compass is your global guide to the evolving cybersecurity and privacy regulatory...more

CJEU Issues Landmark Adtech Decision on Personal Data and Joint Control with Broad Implications: What You Need to Know and Do

The Court of Justice of the European Union (CJEU) has made a landmark decision (7 March 2024, C-604/22) on the intricacies of adtech, personal data, and joint control against the background of the General Data Protection...more

China Eases Requirements for Cross-Border Data Transfers

In this Essential Guide, part of Orrick’s Cybersecurity & Privacy Compass Series, we offer insights into the Cyberspace Administration of China's (CAC) new rules and requirements for cross-border data transfers. The...more

European Data Act: Harmonised Rules on Fair Access to and Use of Data

This Essential Guide to the European Data Act is part of Orrick's Cybersecurity & Privacy Compass Series. The Cybersecurity & Privacy Compass is your global guide to the evolving cybersecurity and privacy regulatory...more

Landmark Ruling: The Court of Justice of the European Union Rejects Strict Liability in the General Data Protection Regulation

In this Essential Guide, which is part of Orrick’s Cybersecurity & Privacy Compass Series, we will provide insight into the potential fines that companies may face for violating the General Data Protection Regulation...more

The European Commission Adopts the EU-U.S. Data Privacy Framework

The European Commission today approved the long-awaited framework for data transfers to the United States. What is the decision about? Today's decision means that organisations subject to the GDPR can benefit from an adequacy...more

The EU Data Act: Harmonized Rules on Fair Access to and Use of Data

This essential guide to the European Data Act is part of Orrick’s Cybersecurity & Privacy Compass Series. The Cybersecurity & Privacy Compass is your global guide to constant cybersecurity and privacy change. In this guide,...more

European Tech Regulations: What You Need to Know

Europe is in the midst of a transformation of its regulatory strategy for digital technologies. The EU has passed or proposed a number of laws affecting digital service providers in a broad range of legal areas and sectors....more

5 Things You Need to Know About the EDPB's Cookie Report

On 18 January 2023, the European Data Protection Board ("EDPB") published a report on the work undertaken by its Cookie Banner Task Force to ensure a uniform approach regarding a number of cookie-banner-related complaints...more

6 Things to Know About the New EU-U.S. Data Privacy Framework

In early October, the United States (“U.S.”) and European Union (“EU”) came one step closer to the much-awaited new EU-US Data Privacy Framework (the “Framework”), designed to facilitate transatlantic data flows between the...more

"42", the Answer to the Number of Authorities Notified in Cross-Border Breaches – Don't Panic!

Last week, the European Data Protection Board ("EDPB") published a long-awaited update of its guidance on breach notification—which did not contain much news generally. However, it does bring a significant new burden for...more

Advocate General of ECJ on GDPR Damages. Is relief from non-substantial claims in sight?

While claims for damages in the event of data protection violations have theoretically existed for some time, they have been gaining in importance since the introduction of the General Data Protection Regulation ("GDPR")....more

EDPB Releases New Guidelines on the Calculation of Administrative Fines

After months of anticipation, the European Data Protection Board (EDPB) adopted new Guidelines on the calculation of administrative fines under the GDPR in May 2022. With the newly released Guidelines, the EDPB seeks to...more

Update: European Subsidiaries of U.S. Cloud Providers Can Offer IT Services in the EU

The decision of the Procurement Chamber of Baden-Württemberg was annulled by the Higher Regional Court of Karlsruhe in its legally binding decision on September 9, 2022. In contrast to the approach chosen by the Procurement...more

Volkswagen Fined 1.1 Million Euros for GDPR Violations During Test Drives

On 26 July 2022, the Lower Saxony data protection authority ("Lower Saxony DPA") announced that it has imposed a fine of 1.1 million euros on Volkswagen ("VW") due to GDPR violations. It found that VW has violated data...more

Cyber Security Incidents in Multinational Companies in the EU and the US – Effective Crisis Management in Transatlantic IT...

Schnell ist es passiert. Ein Angriff auf die IT-Infrastruktur trifft Unternehmen fast immer zur Unzeit. Hacking und andere Infiltrationen der Unternehmenssysteme können binnen kürzester Zeit erhebliche Schadensketten in Gang...more

The New European Approach to Calculating Fines for Data Protection Breaches - Will it be More Predictable and Consistent?

On May 12, 2022, the European Data Protection Board (EDPB) published its long-awaited Guidelines 04/2022 on the calculation of fines under the General Data Protection Regulation (GDPR). After many data protection authorities...more

French and Italian Data Protection Authorities Take Issue with Google Analytics: Analysis and Key Takeaways

Google Analytics remains a hot topic for businesses and apparently also for data protection authorities (DPAs). With the advent of these new decisions and the new CNIL guidance, businesses have an even harder time justifying...more

French Data Protection Authority Fines Processor for Failing to Enter into Data Processing Agreement

France’s data protection authority, the Commission Nationale de Informatique et des Libertés (“CNIL”), has issued one of its highest General Data Protection Regulation (“GDPR”) sanctions to-date against Dedalus Biologie SAS...more

The United States and European Commission Announce a New Trans-Atlantic Data Privacy Framework

The United States ("U.S.") and the European Commission ("EU Commission") recently announced an “agreement in principle” to develop a new Trans-Atlantic Data Privacy Framework (“Framework”). The Framework is intended to...more

French Bank Ordered to Pay Damages to Customer Following Inaccurate Personal Data Sharing Under FATCA

A “Kafkaesque” bank customer service experience in France has led to a “Right to be Forgotten” own-goal. Following a decision handed down by the judicial tribunal of Grenoble, France, on 7 February 2022, a French bank has...more

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