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CJEU issues opinion in favour of allowing consumer organisations to bring representative actions against GDPR infringement

On 2 December 2021, the Court of Justice of the European Union (CJEU) published the Advocate General’s (AG) opinion in case C-319/20 (Facebook Ireland) (the AG Opinion) relating to the issue of whether Member State law may...more

Government introduces new law to ensure consumer connected devices comply with high cybersecurity standards

On 24 November 2021, the DCMS announced a new bill that would require manufacturers, importers and distributors of digital tech products (including physical shops and online retailers) to ensure that consumer...more

EU legislators approve proposed DGA and progress DSA, DMA and Digital Finance Package proposals

In the past two weeks, there has been significant progress in relation to a number of pieces of proposed EU legislation relating to data protection, data governance, and digital markets....more

Council of Europe updates Recommendation on profiling to align with Convention 108+

On 3 November 2021, the Committee of Ministers of the Council of Europe (the Committee) adopted Recommendation CM/Rec (2021)8 on the protection of individuals with regard to automatic processing of personal data in the...more

Trade Ministers agree Digital Trade Principles at the G7 Trade Track

On 22 October 2021, the UK government’s Department for International Trade announced that the G7 countries (Canada, France, Germany, Italy, Japan, the UK and the US) had agreed a set of Digital Trade Principles at the G7...more

EDPB publishes final guidelines on restricting data subject rights under Article 23 GDPR

On 19 October 2021, the European Data Protection Board (EDPB) announced that it has published its final guidelines on the restrictions under Article 23 GDPR (Guidelines) following the end of its public consultation and...more

Council of the EU agrees position on Data Governance Act

On 1 October 2021, the Council of the European Union (Council) reached agreement about the text of the proposed European Commission Data Governance Act (DGA) and issued a mandate to the EU Presidency to start trilogue...more

UN calls for moratorium on AI systems that pose serious risks to right to privacy and other human rights

On 15 September 2021, the UN Office of the High Commissioner for Human Rights (OHCHR) published a report, “The right to privacy in the digital age”, that analyses how artificial intelligence (AI), through the use of...more

The UK’s National AI Strategy: setting a 10-year agenda to make the UK a “global AI superpower”

On 22 September 2021 the UK Government published its promised National Artificial Intelligence (AI) Strategy, coming on the back of a raft of related plans, strategies and roadmaps, such as 2020’s National Data Strategy, the...more

UK Government launches consultation on proposed changes to the data landscape

On 9 September 2021, the UK’s Digital Secretary, Oliver Dowden, announced a series of reforms to drive innovation and growth in the UK’s data sector. The Government clarifies that one of the key objectives of the reforms is...more

Impactful High Court judgement on damages related to cyberattacks

On 30 July 2021, the UK High Court handed down a helpful judgment clarifying the causes of action likely to be available (or otherwise) to claimants in cases where a data breach occurs through “external” attacks....more

EDPB’s first urgent binding decision: threshold not met, Irish DPC to prioritise its investigation

On 15 July 2021, the European Data Protection Board (the EDPB) issued a press release concerning its first urgent binding decision adopted under Article 66(2) GDPR (the Decision) in response to a request of the Hamburg...more

UK Government releases Plan for Digital Regulation

The UK Department for Digital, Culture, Media & Sport (DCMS) published a policy paper (on 6 July 2021) in connection with the UK Government’s Plan for Digital Regulation now that the UK has exited the EU. The paper, Digital...more

EDPB publishes final Recommendations on the Schrems II supplementary measures

The European Data Protection Board (EDPB) published its long-awaited final Recommendations on measures that supplement data transfer tools (the Recommendations), following the Schrems II decision of the CJEU (on 18 June...more

European Commission adopts positive UK adequacy decisions for data transfers

On 28 June 2021, just two days before the interim EU-UK data transfer “bridging mechanism” expired under the Trade and Cooperation Agreement, the European Commission (EC) adopted two adequacy decisions for the UK to...more

China – New Data Security Law adopted and will come into force on 1 September 2021

The Standing Committee of the National People’s Congress of the People’s Republic of China (NPC) announced the adoption of the new Data Security Law (the Law), which will regulate broadly defined data processing activities...more

Schrems II Update

New SCCs, EDPS investigations into cloud contracts, German DPAs inquiry into international data transfers, CNIL’s review of research collaboration tools and FTC report on Privacy Shield....more

EU - EDPB endorses first EU-wide codes of conduct for cloud services, issues statement on Data Governance Act and gives...

On 19 May 2021, the European Data Protection Board (EDPB) held its plenary session with a busy agenda. The first outcomes of the plenary have now been published by the EDPB....more

Schrems II – Portuguese DPA suspends data transfer to the US by public entity that relied on standard contractual clauses

On 27 April 2021, the supervisory authority of Portugal (CNPD) issued a resolution that required the National Institute of Statistics (INE) to suspend, within twelve hours, the transfer of data collected as part of the 2021...more

European Union – A proposal for the Regulation of AI offers the first structured approach to regulating AI systems

On 21 April 2021, the European Commission published its Proposal for a Regulation on a European approach for Artificial Intelligence (the draft AI Regulation). The press release can be found here. The proposal differs...more

EU – EDPB adopts positive opinions on draft UK adequacy decisions and adopts final Guidelines on targeting of social media users

On 14 April 2021, the European Data Protection Board (EDPB) announced the outcomes of its 48th plenary session held on 13 April 2021. ...more

Schrems II Update – EU-US to intensify new Privacy Shield talks, US Congressional Research Service issues new report and German...

In the past weeks, there have been a number of developments related to the consequences of the European Union Court of Justice (CJEU) decision in Schrems II. The most noteworthy developments are summarised below....more

EU – EDPB Plenary Session Update

On 10 March 2021, the European Data Protection Board (EDPB) published a press release about its 46th plenary session held on 9 March 2021. We look at some of the highlights below. ...more

Data Protection Post-Brexit - What to expect and how to prepare

The UK has left the European Union (EU), the transition period is over, the UK and EU have agreed a new Trade and Cooperation Agreement (the TCA), so what now for data protection? We look at the key consequences of Brexit for...more

EU – EDPS publishes opinions on European Commission’s proposals for a Digital Services Act and a Digital Markets Act

On 10 February 2021, the European Data Protection Supervisor (EDPS) published its opinions on the European Commission’s proposals for a Digital Services Act and a Digital Markets Act. The EDPS welcomes both legislative...more

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