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Sports sponsorship contracts traditionally focus on category exclusivity and entitlements while overlooking data sharing language. However, with the rapid evolution of data usage in the industry, incorporating data sharing...more
In a decision on immaterial damages under Article 82 of the EU General Data Protection Regulation (GDPR), the Higher Regional Court of Dresden, Germany (case number 4 U 940/24), set out important monitoring and auditing...more
Our clients are at the forefront of many of the developments covered by the report. That said, I couldn’t help thinking that the report overlooked a law that takes effect in less than six months’ time and which will have...more
Right now, we are all taking stock of the many important issues and challenges we saw crop up for clients last year, trying to predict what they will face in the coming year, and strategizing about how we can help....more
In 2018, there were two comprehensive state data privacy bills introduced across the United States and a whopping zero were in effect. Fast forward six years and there have been 41 new data privacy bills considered this year...more
On June 4, 2021, the European Commission (the “EC”) abolished the old Standard Contractual Clauses (the “Old SCCs”) and published a new more flexible set of clauses (the “New SCCs”) for companies that wish to export personal...more
With the 27 December 2022 deadline for updating data transfer contracts with the EU SCCs fast approaching, this alert mines European Commission guidance, as well as the team’s experience, and offers some tips for successful...more
Contracts entered into prior to Sept. 27 will need to be amended to adopt the new standard contractual clauses by Dec. 27, 2022. As of Sept. 27, entities entering new contracts that are subject to the General Data...more
The type of contractual provisions that a company is required by the GDPR to impose upon a service provider differ based upon two primary factors: (1) whether the service provider is a “processor,” a “controller,” or a “joint...more
Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a marketing channel. In addition, marketers are grappling with how to ensure that they and...more
As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more
The EDPB’s new Guidelines on Article 6(1)(b) may severely limit e-commerce business’ ability to enhance data processing by unilaterally defining contractual services....more
If your company holds or collects data in the US, the UK and elsewhere in the EU, you should be mapping out how data flows through those jurisdictions in anticipation of the UK “crashing out” of the European Union in October,...more
It has been rough weather for Google in France. Three weeks after the French ?Data Protection Authority imposed a record fine against Google for non-compliance with the GDPR, the Paris District Court (“Tribunal de Grande...more
The California Consumer Privacy Act ("CCPA") was enacted in early 2018 as a political compromise to stave off a poorly drafted, and plaintiff’s friendly ballot initiative. Although the CCPA is scheduled to go into force in...more
As the approach of Brexit draws inexorably closer, the continued lack of certainty around what any Brexit withdrawal deal will look like, or indeed whether a deal will be agreed at all, is causing increasing concern among the...more
Towards the end of 2018 we ran a series of Contract Corner blog posts on the GDPR and Data Processing Addendums. December brought detailed guidance from the UK Information Commission’s Office (ICO) on contracts and GDPR...more
It's Not Too Late to Get Ready for the GDPR Caution When Exporting Luxury Goods French Supreme Court Upholds Exclusive Supply Obligation where Necessary to Franchise Network Guest interview with Beth Butterwick, CEO of Karen...more
Many companies have started the potentially lengthy process of auditing their service provider contracts to make sure that they comply with the requirements of the General Data Protection Regulation, which comes into force on...more
The terms “personal information,” “personal data,” “personally identifiable information,” and “PII” are often left undefined in contracts and treated as if they were terms of art for which there was a single definition....more
The vote of the UK Electorate to leave the EU has politicians, economists, lawyers and commentators from all sectors speculating on what will happen next and over exactly what period. While it is unlikely that there will be a...more