On November 27, 2023, the Council of the European Union adopted the EU Data Act, a new regulation providing harmonized rules on access to data, switching cloud providers and interoperability requirements across the EU. The...more
On November 27, 2023, the Council of the European Union adopted the EU Data Act (Data Act), a new regulation providing harmonized rules on access to data, switching cloud providers and interoperability requirements across the...more
On November 9, 2023, the European Parliament adopted the EU Data Act, a new regulation providing harmonized rules on access to data, switching cloud providers and interoperability requirements across the EU. It is widely...more
11/16/2023
/ Cloud Service Providers (CSPs) ,
Connected Entities ,
Corporate Counsel ,
Data-Sharing ,
Digital Single Market ,
EU ,
EU Data Protection Laws ,
European Commission ,
European Parliament ,
General Data Protection Regulation (GDPR) ,
Member State ,
New Legislation ,
Personal Data ,
Transparency
On July 10, 2023, the European Commission adopted an adequacy decision for the new EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the successor to the EU-U.S. Privacy Shield, which the Court of Justice of the European Union...more
7/19/2023
/ Certification Requirements ,
Compliance ,
Compliance Monitoring ,
Department of Transportation (DOT) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Framework Agreement ,
International Data Transfers ,
Privacy Framework ,
UK
On July 10, 2023, the European Commission adopted its long-awaited adequacy decision for the EU-U.S. Data Privacy Framework (“Adequacy Decision”). This ends a three-year journey to set up a successor to the EU-U.S. Privacy...more
7/12/2023
/ Adequacy Requirement ,
Court of Justice of the European Union (CJEU) ,
Department of Justice (DOJ) ,
EU ,
EU-US Privacy Shield ,
European Commission ,
Executive Orders ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Iceland ,
International Data Transfers ,
Liechtenstein ,
Member State ,
Norway ,
Personal Data ,
U.S. Commerce Department
On June 14, 2023, the European Parliament adopted its negotiating position regarding the proposal of the European Commission for a regulation laying down harmonized rules on artificial intelligence. This is the most recent...more
6/16/2023
/ Artificial Intelligence ,
Contract Negotiations ,
Distributors ,
EU ,
European Commission ,
European Parliament ,
Importers ,
International Harmonization ,
Machine Learning ,
Proposed Legislation ,
Risk Assessment ,
Risk-Based Approaches
The European Court of Justice (the “Court”) issued the long-awaited “Schrems II” decision. (see Facebook Ireland Ltd. v. Maximillian Schrems).
In its decision, the Court (1) struck down the Privacy Shield program that...more
Throughout the world, the coronavirus pandemic is creating enormous challenges. While data protection is not the main concern, the European Data Protection Authorities (DPAs) made it clear that the European General Data...more
Throughout the world, the coronavirus pandemic is creating enormous challenges. While data protection is not the main concern, the European Data Protection Authorities (DPAs) made it clear that the European General Data...more
On February 19, 2020, the European Commission (“EC”) published a series of documents outlining its vision for Europe’s digital future. Amongst these, the EC’s White Paper on Artificial Intelligence: A European approach to...more
The European Data protection Board (“EDPB”), which is composed of representatives of the national data protection authorities and the European Data Protection Supervisor, unveiled a two-year work program on February 12, 2019....more
On January 23, 2019, the European Data Protection Board (“EDPB”), which is composed of representatives of the national data protection authorities and the European Data Protection Supervisor, adopted an Advisory Opinion...more
2/20/2019
/ Clinical Trials ,
Consent ,
Data Collection ,
Data Protection ,
EU ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
Personal Data ,
Pharmaceutical Industry ,
Public Interest ,
Scientific Research
The European Data protection Board (“EDPB”), which is composed of representatives of the national data protection authorities and the European Data Protection Supervisor, recently adopted an Advisory Opinion (“Opinion”) on...more
2/12/2019
/ Advisory Opinions ,
Clinical Trials ,
Consent ,
Data Protection ,
Data Protection Authority ,
EU ,
General Data Protection Regulation (GDPR) ,
Life Sciences ,
Personal Data ,
Pharmaceutical Industry ,
Public Interest
The European Data protection Board (“EDPB”), which is composed of representatives of the national data protection authorities, and the European Data Protection Supervisor, adopted its report on the second annual review of the...more
2/4/2019
/ Court of Justice of the European Union (CJEU) ,
Data Protection Authority ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
Information Reports ,
International Data Transfers ,
National Security ,
Personal Data ,
Surveillance ,
Transparency ,
US-EU Safe Harbor Framework
On January 23, 2018, the European Commission (“EC”) adopted its adequacy decision on Japan. Japan issued an equivalent decision regarding data transfers from Japan to the European Union on the same day. This means that...more
“Geo-blocking” is the practice whereby traders operating in a country block or limit access to their online interfaces, such as websites or apps, by customers from other countries wishing to engage in cross-border...more
12/4/2018
/ Cross-Border Transactions ,
Digital Single Market ,
E-Commerce ,
EU ,
European Commission ,
Geo-Blocking ,
Internet Retailers ,
Member State ,
No-Deal Brexit ,
Regulatory Oversight ,
Sales & Distribution Agreements ,
Terms and Conditions ,
UK Brexit
On October 24, 2018, the European Commission (“EC”) opened a Public Consultation on a Recommendation that will identify the main challenges linked to the deployment of connected and automated vehicles. Stakeholders, including...more
This is the sixth issue of WilmerHale’s 8-in-8 Recent Trends in European Law and Policy Alert Series. Our attorneys will share insights on current and emerging issues affecting companies doing business in Europe and across...more
This is the inaugural issue of WilmerHale’s 8-in-8 Recent Trends in European Law and Policy Alert Series. Over the next eight weeks, our attorneys will share insights on current and emerging issues affecting companies doing...more
5/31/2018
/ Cybersecurity ,
Data Controller ,
Data Processors ,
Data Protection ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Multinationals ,
Personal Data ,
Popular
This is the inaugural issue of WilmerHale's 8-in-8 Recent Trends in European Law and Policy Alert Series. Over the next eight weeks, our attorneys will share insights on current and emerging issues affecting companies doing...more
On December 6, 2017, the European Union’s Article 29 Working Party released two sets of guidelines on Binding Corporate Rules (“BCRs”) it had adopted a week earlier. BCRs are internal rules that define a group of companies’...more
Brexit raises critical issues regarding the future transfer of personal data outside of the EU, not least as to the role of the UK Data Protection Authority, the Information Commissioner’s Office (“ICO”), and as to its...more
11/22/2017
/ Binding Contractual Rules ,
Data Protection Authority ,
EU ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
Member State ,
Personal Data ,
Popular ,
UK ,
UK Brexit ,
UK Data Protection Act
On September 13, 2017, the European Commission issued a proposal for a Regulation establishing a framework for screening foreign direct investment (“FDI”) in the European Union (the “Proposal” or “Proposed Regulation”). The...more
10/26/2017
/ Acquisitions ,
CFIUS ,
China ,
Cybersecurity ,
EU ,
Foreign Direct Investment ,
International Harmonization ,
Member State ,
National Security ,
Popular ,
Proposed Regulation
For the last two years, the European Commission (“EC”) has been carrying out a Sector Inquiry into e-commerce of consumer goods and digital content in the EU. As part of this, the EC has sent companies many questionnaires...more
The Brexit negotiations started yesterday. After months of speculation as to what will be their focus, it may be useful to recall the European Union’s opening position (which we outline below) and the United Kingdom’s opening...more