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Dispatches From The IAPP Europe Data Protection Conference

The International Association of Privacy Professionals is holding its 2019 Europe Data Protection Conference in Brussels. Partner Odia Kagan, who is in attendance, shares some takeaways from day one of the event....more

European Data Protection Board Issues Final Guidelines On Extraterritorial Application Of GDPR

The European Data Protection Board has issued long-awaited final guidelines for the extraterritorial application of the General Data Protection Regulation (GDPR). Key changes: (1) GDPR can apply extraterritorially to some...more

European Guidance On Data Controller And Processor Relationship Has Takeaways For GDPR, CCPA Compliance

The European Data Protection Supervisor (EDPS) has issued guidance on the concepts of data controller and processor for European Union organizations. Though it covers EU institutions, the guidance contains many concepts that...more

Isle Of Man Issues Guidance On Accountability Under GDPR

The Information Commissioner of the Isle of Man has issued guidance on “accountability” under GDPR. Key takeaways: You need to develop, embed and maintain a culture of data protection in your processing activities, with...more

Key Commercial Takeaways From The European Commission’s Third Annual Report On EU-U.S. Privacy Shield

The European Commission expects the U.S. Department of Commerce (DoC) to request from companies evidence of the privacy provisions of the relevant contracts with third parties to assess compliance with the onward transfer...more

European Commission Issues Third Annual Report On Privacy Shield

Privacy Shield lives to shield another year (Part 1). The European Commission has published its third annual report on Privacy Shield....more

EDPB Guidelines Explain ‘Necessary For The Performance Of A Contract’ Data Processing Basis

The European Data Protection Board (EDPB) has issued final guidelines on the General Data Protection Resolution's (GDPR) legal basis of "Necessary for the Performance of a Contract" (Article 6(1)(b)....more

What Does GDPR Say About Requests For Personal Data Being Used In Machine Learning Training?

The UK’s Information Commissioner’s Office shares its thoughts on the complexity of producing or deleting data used to train machine learning algorithms in data subject requests under GDPR....more

Court Of Justice Of The EU: Detailed Consent Needed For Cookies

The Court of Justice of the European Union has issued its Planet 49 decision. Key takeaways: A pre-checked check box is not sufficient consent for the placement of cookies....more

10/3/2019  /  Consent , Cookies , Cybersecurity , Data Privacy , EU

EU Court Of Justice Issues Long-Awaited Decision On Facebook Likes In Fashion ID Matter

A Facebook “like” is actually more like “in a [Joint Controller] relationship” status, says the Court of Justice of the EU in a long awaited decision in the Fashion ID matter. At issue: The legal framework surrounding...more

EDPB’s 2018 Annual Report Sheds Light On Future Guidance

The European Data Protection Board (EDPB) publishes it’s first annual report and reveals a road map for guidance to come. In 2019 and 2020, the EDPB aims to focus on data subjects’ rights, the concept of the controller and...more

Conducting Video Surveillance? The EDPB Is Watching You. Here’s What It’s Looking For

The European Data Protection Board has issued guidance on the use of video surveillance. Key takeaways: The monitoring purposes of cameras should be documented in writing....more

EDPB Opinion Provides Guidance On Controller-Processor Agreements Under GDPR

The European Data Protection Board (EDPB) has issued an opinion on the standard contractual clauses proposed by the Denmark Data Protection Authority that contains important takeaways for drafting and negotiating of all...more

EDPB Opinion Details Lead Supervisory Authority In The Event A Main Establishment Changes Locations

The European Data Protection Board has issued an opinion on lead supervisory authority in the event of a change of location of the main establishment of an organization....more

European Data Protection Board Covers Wide Range Of Issues At 12th Plenary Session

The European Data Protection Board’s addressed some interesting issues during its 12th Plenary Session on July 9 and 10: Guidelines on how the GDPR applies to the processing of personal data when using video devices....more

Why Every M&A Deal Should Include Data Privacy Due Diligence

Milk, meat, fruits, breads … and data protection. These are the new food groups for your M&A deal. Just 24 hours after the notice of intent to fine British Airways 183 Million GBP, the UK ICO issued an intent to fine...more

British Airways Facing Major Fine Under GDPR For Data Breach

If you wait for them, the big General Data Protection Regulation (GDPR) fines will come. UK Data protection authority, ICO, announced its intent to fine British Airways 183 million GBP (1.5 percent of annual revenue) for a...more

European Commission Issues Its Take On GDPR At One

“The game-changing rules [of GDPR] have not only made Europe fit for the digital age, they have also become a global reference point,” say Andrus Ansip, Vice-President for the Digital Single Market and Vera Jourová,...more

Danish Bus Company Ordered To Amend IT Systems To Allow For Right To Rectification

Danish data protection authority Datatilsynet has ordered a bus company to explain, by July 15, how it will amend its IT systems to allow for compliance with the right to rectification (correction) under GDPR and provide a...more

EU Data Protection Supervisor Weighs In On Privacy Policies

“Privacy policies … have evolved from … largely factual statements to become, nowadays, either long, verbose and impenetrable legalese, or else vague and soothing PR exercises. Either approach places the burden on the...more

European Commission Provides Update On Interplay Between Clinical Trials Regulation And GDPR

“Where the sponsor processes personal data of data subjects in the EU, including in the context of managing the clinical trial, GDPR is fully applicable, including the obligation to designate a representative in the...more

Danish DPA: Consent Needed To Record Calls For Training Purposes

“This call may be recorded for training purposes…if you consent say ‘Consent’.” The Danish Data Protection Authority (Datatilsynet) has ordered a company to cease recording phone calls for training purposes until it...more

EDPB Issues Draft Guidelines On Legal Basis Of Data Processing ‘Necessary For The Performance Of A Contract’

The European Data Protection Board (EDPB) has issued draft guidelines on the GDPR legal basis of “necessary for the performance of a contract”....more

EU Parliament Answers Question On Data Brokers And Data Processing In The Context Of Elections

The European Parliament weighs in on data brokers and data processing in the context of elections in a published answer to a parlimentary question. “Data brokers may act as controllers or processors depending on the degree...more

Highlights Of 2018 GDPR Enforcement

How has GDPR enforcement played out in the past year? The Dutch Data Protection Authority (Autoriteitpersoonsgegevens, or AP) recently published a report on its 2018 activities....more

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