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Data Protection European Union European Court of Justice (ECJ)

McDermott Will & Schulte

EuGH zur Zukunft der (Datenschutz-)Betriebsvereinbarungen: Was ändert sich?

Der Europäische Gerichtshof (EuGH) hat festgestellt, dass Kollektivvereinbarungen (wie bspw. Betriebsvereinbarungen) nur dann eine rechtliche Grundlage für die Verarbeitung von Beschäftigtendaten darstellen können, wenn sie...more

Morrison & Foerster LLP

M&A in 2024 and Trends for 2025

Global M&A in 2024 faced geopolitical issues, elevated interest rates, and inflationary pressures, with expanding antitrust, foreign investment, national security, and export regimes adding complexity. But inflation receded...more

DLA Piper

Europe/Germany: Right to Bring Collective Action for Violations of Information Obligations Under GDPR

DLA Piper on

Summary - In its judgement of 11 July 2024 (C-757/22), the European Court of Justice (‘ECJ’) ruled that the violation of a controller’s information obligations under Art. 12 and 13 GDPR, can be subject to a representative...more

Skadden, Arps, Slate, Meagher & Flom LLP

Data Protection Rulings by European Regulators Offer Insights Into Their Security Expectations

Valuable insights into the measures European regulators expect businesses to take to protect data privacy can be found in a report from the European Data Protection Board (EDPB) summarizing decisions under the EU’s General...more

Wilson Sonsini Goodrich & Rosati

EU Court of Justice Landmark Ruling on Digital Advertising and GDPR Compliance

On March 7, 2024, the European Court of Justice (CJEU) issued a landmark ruling on digital advertising and the concepts of personal data and joint controllership under the General Data Protection Regulation (GDPR)....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employer Considerations for Responding to Right of Access Requests Under Article 15 of the GDPR

In 2023, the European Court of Justice (ECJ) clarified the limits of applicants’ right of access requests under Article 15 of the European Union’s General Data Protection Regulation (GDPR) in landmark decisions with...more

Husch Blackwell LLP

Adoption of EU/U.S. Data Privacy Framework

Husch Blackwell LLP on

Key Point: The European Commission has adopted an adequacy decision for the EU-U.S. Data Privacy Framework, which allows certain businesses to transfer data from the EU to the U.S. without the need for additional transfer...more

McDermott Will & Schulte

Get Ready to Update Your Binding Corporate Rules Regulators Expand Requirements

At the end of June, the European Data Protection Board (EDPB) published its Recommendations (Recs) on Binding Corporate Rules (BCRs). Among other things, the Recs require existing and in process BCRs to: - Incorporate...more

Foley Hoag LLP - Security, Privacy and the...

Anonymization and the GDPR – Clarity from the European Courts? Not so Fast!

As we’ve written about before, the question of anonymization can be tricky.  When is something “anonymized” or merely “de-identified” or “pseudonymous” — and when does it matter?  This is a particularly fraught issue under...more

Littler

The “Trans-Atlantic Data Privacy Framework” – Finally a Legally Secure Data Transfer to the United States?

Littler on

Since the European Court of Justice (ECJ) declared the “Safe Harbour” agreement—which had permitted U.S. companies to comply with EU restrictions on the transfer of personal data outside the EU—invalid in October 2015,...more

Spirit Legal

Restitutio in Integrum

Spirit Legal on

A Fresh Perspective on Data Protection and Damages - Opening statements by Peter Hense at a University of Vienna panel titled "EU Future Talks, Non-Material Damages for GDPR Violations: Quo Vadis Österreichische Post...more

White & Case LLP

European Advocate General rejects the need for “strict liability” in GDPR violations – The last word, however, is not yet spoken

White & Case LLP on

It is, by now, well known that not taking data protection seriously can prove costly for organizations. Since the introduction of the European General Data Protection Regulation (the "GDPR") in 2018, non-GDPR-compliant...more

King & Spalding

With Risk Comes Responsibility: EU Proposes High-Risk AI Regulation Affecting Device Manufacturers

King & Spalding on

In April 2021, the European Commission proposed the EU Artificial Intelligence Act, a first-of-its-kind regulation by any global regulatory authority. The proposed Act is intended to establish harmonized rules on artificial...more

White & Case LLP

CJEU clarifies GDPR obligation to disclose details of recipients

White & Case LLP on

The GDPR allows individuals to request information about the “recipients or categories of recipients” to whom their personal data has been disclosed. In a recent ruling, the EU’s Court of Justice said data subjects get to...more

Foley Hoag LLP - Security, Privacy and the...

Looking to a New EU-US Data Privacy Framework

As we wrote in July 2020, the European Court of Justice issued a landmark decision that invalidated the Privacy Shield as untenable under the European General Data Protection Regulation (GDPR). The decision sparked...more

Orrick, Herrington & Sutcliffe LLP

Advocate General of ECJ on GDPR Damages. Is relief from non-substantial claims in sight?

While claims for damages in the event of data protection violations have theoretically existed for some time, they have been gaining in importance since the introduction of the General Data Protection Regulation ("GDPR")....more

Goodwin

U.S. And EU Reach Political Agreement on a New Trans-Atlantic Data Privacy Framework: The Implications for Businesses

Goodwin on

On 25 March 2022, President Biden and the President of the European Commission (“EC”) von der Leyen announced that the U.S. and EU reached an agreement in principle on a new Trans-Atlantic Data Privacy framework for...more

Spirit Legal

Data transfer to Russia and China in times of crisis

Spirit Legal on

In light of the “changed security policy situation” following Russia’s invasion of Ukraine, the Norwegian data protection regulator recently encouraged any company that exports personal data to Russia and Ukraine to review...more

Sunstein LLP

The European Commission Publishes Comprehensive Contractual Clauses For Use in Data Transfers from Europe

Sunstein LLP on

In June, the European Commission published the final version of a new set of standard contractual clauses (SCCs) that can be used to comply with the EU’s General Data Protection Regulation (the “GDPR”). These clauses are of...more

Neal, Gerber & Eisenberg LLP

NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler

NGE Corporate & Securities partner John Koenigsknecht recently interviewed Data Privacy & Information Governance partner David Wheeler about the new standard contractual clauses and the complex task of assessing and...more

Lighthouse

The Impact of Schrems II & Key Considerations for Companies Using M365: The Background

Lighthouse on

In 2016, European companies doing business in the US were able to breathe a sigh of relief. The European Commission deemed the Privacy Shield to be an adequate privacy protection. For the next half a decade, this shield, as...more

White & Case LLP

Compensating non-material damages based on Article 82 GDPR – is there a de minimis threshold?

White & Case LLP on

Germany's Federal Constitutional Court holds that the question should be referred to the European Court of Justice - Is a data subject entitled to compensation from a controller or processor if the data subject's GDPR...more

Fenwick & West LLP

Keep Your Personal Data Flowing – How to Navigate the Changing Tides of the New EU Guidance and UK-EU Brexit Deal

Fenwick & West LLP on

Concerns are mounting for companies around the world as they consider their ability to transfer data from the EU following the recent decision by the Court of Justice of the European Union in Data Protection Commissioner v....more

Herbert Smith Freehills Kramer

European Court of Justice Invalidates EU-US Privacy Shield Framework

This past July, a decision by the European Court of Justice (ECJ) struck down the European Union-United States Privacy Shield framework (EU-U.S. Privacy Shield), one mechanism through which companies could transfer personal...more

Hogan Lovells

Belgian Data Protection Authority publishes guidance concerning Schrems II

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The Belgian Data Protection Authority (DPA) has published brief guidance concerning the European Court of Justice (ECJ) judgement on the European Commission’s adequacy decision provided by the EU-US data Privacy Shield...more

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