As we pass the mid-point of 2025, it’s a good time to review the important developments we have seen in the first 6 months of this year, particularly reforms to the UK’s data protection laws, the EU’s pathway to...more
Online political advertising has become central to modern electoral campaigns. However, the growing lack of transparency, particularly regarding funding, targeting, and data processing practices, raises serious concerns about...more
Key Points - - The French CNIL’s recent guidance regarding the application of legitimate interest as a legal basis in AI training is welcome, but several other AI regulatory issues remain unresolved. - Issues such as...more
Finding a European consensus around the regulation of artificial intelligence (AI) does not start with the adoption of laws. It results from their common interpretation and articulation within a broader digital regulatory...more
On January 31, 2025, the French supervisory authority (CNIL) published the final version of its guide on transfer impact assessments (TIA). A TIA must be undertaken by organisations relying on one of the ‘appropriate...more
The CNIL has published its strategic plan for the period of 2025-2028. This is typical of the CNIL, who regularly inform its stakeholders of its priorities....more
App permissions do not satisfy the requirements for valid consent for the purpose of GDPR because they lack sufficient detail and granularity, according to the Commission Nationale de l’Informatique et des Libertés (CNIL)....more
Recent decisions by the French data protection authority (CNIL) have highlighted the importance of GDPR compliance, particularly in the areas of data retention, consent for processing sensitive personal data, and marketing...more
The CNIL’s newly released recommendations for AI system developers set out the regulator’s expectations for the entire development process of an AI system, from design to database creation and integration, ensuring...more
The French Data Protection Authority (CNIL) recently imposed a EUR 310,000 fine, representing 1% of its turnover, on FORIOU, a telemarketing company promoting loyalty programs. The fine stemmed from FORIOU’s use of...more
The French Data Protection Authority announced a €600,000 fine against Groupe Canal+ over concerns with the media company’s direct marketing activities. According to the CNIL, the company sent users email marketing without...more
On 16 October 2023, France’s Data Protection Authority, the National Commission on Informatics and Liberty (CNIL), issued a set of guidelines for complying with the EU General Data Protection Regulation (GDPR) when...more
In an important judgment handed down on 29 June 2023 (Case C-211/22), the Court of Justice of the European Union (the "CJEU") ruled that a vertical agreement to fix minimum prices does not necessarily constitute a restriction...more
As we noted in our 2023 DSIR, there has been a flurry of activity within the information governance space, at home and abroad. This activity deserves further analysis, because while it seems from a distance that there are...more
The French Data Protection Authority imposed a €280,000 fine for GDPR infringements and a €100,000 fine for violation of French cookie rules. On 11 May 2023 the French Data Protection Authority (the CNIL) handed down its...more
On March 16, 2023, the French Data Protection Agency (the “CNIL”) imposed a fine of € 25,000 on the company CITYSCOOT in connection with a finding that CITYSCOOT failed to comply with the obligation to ensure data...more
The French Data Protection Authority capped off 2022 by terminating an investigation into Lusha Systems, Inc.’s compliance with GDPR. CNIL concluded that the law did not apply to the US company’s activities...more
The European Data Protection Board (EDPB) adopted a draft report of the work undertaken by the Cookie Banner Taskforce (the Report). The Report describes how regulators apply cookie legislation in handling certain types of...more
Welcome to the first edition of the Litigation Gazette. Each quarter, BCLP's Paris team keep you informed of the main litigation news in competition law, commercial litigation, labor law, IP/IT/Data and compliance. In this...more
You need a data retention plan. No really. And not just in the European Union. In California too. Commission Nationale de l’Informatique et des Libertés (CNIL) has fined messaging platform Discord 800,000 EUR for (non...more
At the end of February 2021, the French Data Protection Authority (CNIL) found out via the media about a massive personal data breach involving health-related data of about 500,000 French patients. After more than a year of...more
What can the California Privacy Protection Agency learn from the EU experience as it gets ready to draft regulations regarding DPIAs? Here is a recap of my remarks from the CPRA Regulations Stakeholder Session:...more
Colorado Attorney General Seeks Rulemaking Comments for the Colorado Privacy Act - With the Notice of Proposed Rulemaking set for fall 2022, Colorado’s Attorney General office is currently inviting preliminary comments for...more
Companies using Google Analytics (“Analytics”) or similar platforms may be interested in recent rulings of several European data protection authorities that found Analytics data transfers to the U.S. to be non-compliant with...more
The healthcare sector is a current focus of the French data protection authority (CNIL) which just published two draft standards regarding processing of personal data in the context of Early Access and Compassionate Access....more