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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

UK US Data Bridge Practical Tips for Implementation and Compliance

Latham & Watkins and Privacy Laws & Business recently co-hosted a webinar looking back on the first eight months since the UK-US Data Bridge entered into force. Speakers from the UK Information Commissioner’s Office (ICO) and...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

Privacy Enhancing Technologies - A Panacea for Data Protection Compliance?

The Information Commissioner’s Office published draft guidance on privacy enhancing technologies that can be used to comply with privacy-by-design requirements. On 7 September 2022, the Information Commissioner’s Office...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 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

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

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

Practical Considerations for Assessing Data Transfers after Schrems II

Latham develops new resource to identify considerations for assessing SCC and BCR data transfers in Europe. Following the Schrems II decision in July 2020, organisations relying on the standard contractual clauses (SCCs) or...more

CJEU Invalidates EU-US Privacy Shield

A ruling by the EU’s top court invalidates the key mechanism for transferring personal data from the EU to the US and imposes additional conditions for use of the standard contractual clauses. On 16 July 2020, the Court of...more

Hong Kong Considers Sweeping Changes to Privacy Laws

Potential amendments to the PDPO would impose much stricter controls on organisations that process personal data of individuals located in Hong Kong. Key Points: ..On 20 January 2020 the Legislative Council debated...more

Britische Datenschutzaufsicht ICO kündigt Rekordbußgelder wegen DSGVO-Verstößen an

Das ICO kündigt an, Bußgelder gegen British Airways und Marriott zu verhängen. Was ist passiert, wie geht es weiter? Am 8. Juli 2019 kündigte das Information Commissioner’s Office (ICO) an, gegen British Airways wegen...more

UK’s ICO Publishes New Guidance on Cookies

The guidance clarifies the interplay between the PECR and GDPR and provides practical steps to achieving cookie compliance. The UK’s data protection supervisory authority, the Information Commissioner’s Office (ICO),...more

ICO Launches Consultation on Age-Appropriate Design: A Code of Practice for ISS

Online services have until 31 May to respond to 16 draft standards of age-appropriate design. The ICO is required by s123 of the Data Protection Act 2018 to prepare a code of practice which contains guidance on standards...more

European Commission Adopts Adequacy Decision for Japan

The European Commission adopted its adequacy decision for Japan on 23 January 2019, opening the doors for personal data to flow freely between the two major global economies. The Adequacy Decision - Following two years...more

EDPB Publishes Regulatory Guidance on Territorial Scope of GDPR

The Guidance provides helpful clarifications for service providers and their customers on both sides of the Atlantic. Long-awaited guidance on the territorial scope of the General Data Protection Regulation (GDPR) has been...more

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