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German Data Protection Authorities Adopt New GDPR Fine Model

Data protection violations may result in German authorities imposing significantly increased fines. The Conference of the German Data Protection Authorities (DSK) ? the joint body of the German data protection authorities...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

Post-Brexit Implications for NIS Representative Requirements

UK confirms reciprocal requirements for digital services providers to appoint UK representatives for NIS purposes, following Brexit. Following a consultation process, the UK government has now confirmed that it will put...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 Government Launches ‘Smart Data’ Proposals as Data-Portability Agenda Intensifies

The proposals would grant consumers increasing rights to require providers to share access to their data directly with chosen third parties. The UK government has released a consultation advocating the introduction of...more

UK Regulator Imposes Two Substantial Fines for GDPR Data Breaches

The ICO issued notices of intent to fine British Airways and Marriott. What happened? On 8 July 2019, the UK Information Commissioner’s Office (ICO) announced a notice of intent to fine British Airways £183.39 million (about...more

Time to Prepare for New EU Medical Device Regime

Companies should act now to prepare for the full implementation of the MDR and IVDR. On 26 May 2020, Regulation (EU) 2017/745 on medical devices (MDR) will become fully active, reflecting an overhaul of the current...more

UK’s Proposed “Online Harms” Compliance and Enforcement Regime Will Target Platforms

UK publishes White Paper with hard-hitting regulatory proposals to tackle online harms. On 8 April 2019, the Home Office and the Department for Culture, Media and Sport (DCMS) published an “Online Harms White Paper”,...more

MHRA Releases No-Deal Brexit Guidance for Life Sciences Companies

The guidance provides helpful clarity on key regulatory changes impacting life sciences companies in the event of a no-deal Brexit. The UK Medicines and Healthcare products Regulatory Agency (MHRA) has published a...more

EDPB Clarifies Use of Consent and Other Legal Grounds for Clinical Trials, but Challenges Remain

European regulators are expected to align their processes and guidance to accommodate the EDPB’s recommended approach to processing special categories of personal data. In January, the European Data Protection Board (EDPB)...more

French Data Protection Authority Issues €50 Million Fine in Landmark GDPR Case

The CNIL decision handed down on 21 January 2019, which cites violations of several GDPR obligations, provides important insights for groups wishing to benefit from the “one-stop-shop mechanism”. The Complaints - Not...more

What a “No Deal” Brexit Means for UK Data Privacy

Understanding the practical implications of a “No Deal” Brexit (as compared to an exit under an approved Withdrawal Agreement) following last week’s vote against the current withdrawal proposal. “No Deal” Brexit -...more

National Cyber Security Centre Releases NIS Directive Guidance

The UK agency’s principles-based guidance on cybersecurity for OES adds important detail to NIS Directive obligations. The National Cyber Security Centre (NCSC) has published introductory guidance for operators of...more

Cybersecurity: UK Government Releases Response to Public Consultation on NIS Directive

Proposed changes provide indication of the yet-to-be-published contents of the NIS Directive’s implementing regulation. The UK government moved closer to implementing the Security of Network and Information Systems...more

Updated: Latham’s GDPR National Implementation Tracker

With the assistance of colleagues across the European Union (EU), Latham & Watkins has updated its GDPR National Implementation Tracker. With just over three months to go until the GDPR go-live date on May 25, 2018,...more

Group liability for Data Protection Failure – A New Threat for Private Equity Firms?

As European data protection regulators prepare to enforce the General Data Protection Regulation (GDPR) from May 2018, private equity firms must act to minimise the risk of becoming financially liable for the data protection...more

Article 29 Working Party Publishes Privacy Shield Review: Better, But Needs Work

The Article 29 Working Party (WP29), an independent European advisory body on data protection and privacy released the results of their first review of the EU-US Privacy Shield on Wednesday (6 December 2017). The WP29 has...more

Cyber Risk a Modern Concern for M&A Dealmakers

Amid a growing number of high-profile corporate data breaches, cybersecurity is now a key issue for strategic acquirers. Thehack of Yahoo, which came to light midway through its 2016 takeover by Verizon, resulted in a US$350...more

GDPR Countdown: Latham’s National Implementation Tracker

The EU General Data Protection Regulation (GDPR) will come into force in May 2018, changing how businesses and the public sector manage customer information. With seven months before the deadline, governments, supervisory...more

Schrems Strikes Again? The Future of EU Standard Contractual Clauses

On October 3, 2017, the Irish High Court announced that it will make a reference to the Court of Justice of the European Union (CJEU) for a preliminary ruling on the validity of the Standard Contractual Clauses, which allow...more

UK Government sets out its preferred post-Brexit landscape for data protection

Her Majesty’s Government last week published a position paper outlining its preferred post-Brexit landscape for data protection. The high-level takeaways are hardly surprising: the government stresses that it intends to...more

Russia Introduces New Definition and Obligations for Audiovisual Service Owners

The Federal Law No. 87-FZ of May 1, 2017, on Amendments to the Federal Law on Information, Information Technologies, and Information Protection (the Law) came into force on July 1, 2017. The Law introduces the definition of...more

Buyout Firms Must Take Action to Respond to Global Cyber Threats

Cybercrime has become a critical issue for buyout firms as hackers are increasingly targeting sensitive business data to profit from insider knowledge. According to a Private Funds Management survey of 91 PE houses, 54% of PE...more

Messaging Apps May Face New Obligations in Russia

The State Duma, Russia’s lower chamber of Parliament, has adopted amendments to the Federal Law on Information, Information Technologies and Information Protection of the Russian Federation (the Law) in its first reading....more

How to Comply with the New General Data Protection Regulation: A Q&A with Partner Gail Crawford and Counsel Ulrich Wuermeling

In less than one year, from 25 May 2018, the General Data Protection Regulation (GDPR or Regulation) will become enforceable. The GDPR introduces a rigorous, far-reaching privacy framework for businesses that operate, target...more

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