News & Analysis as of July 24, 2025

Personal Data

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

Don’t Forget the EU: Italy Issued First GenAI Fine of €15 Million Alleging GDPR Violations

Sheppard Mullin Richter & Hampton LLP on 1/29/2025

At the end of 2024 the Italian Data Protection Authority issued a 15 million euro fine in the first generative AI-related case brought under GDPR. According to Garante (the Italian authority), OpenAI trained ChatGPT with...more

Navigating the Intersection of Data Scraping and Artificial Intelligence–A Global Data Protection Authorities Take

K&L Gates LLP on 11/13/2024

In alignment with the ongoing concerns from several European data protection authorities publishing guidelines on data scrapping (i.e., the Dutch DPA, the Italian DPA and the UK Information Commissioner’s Office), the Global...more

EU and UK Data Protection Regulatory Trends so far in 2024: a focus on international data transfers

A&O Shearman on 10/21/2024

This series of blogs rounds up some of the key data protection regulatory trends we have seen during 2024, focused on the EU and UK. 2024 has seen behavioural advertising and cookies continue to dominate the agenda of...more

GDPR Enforcement: Lessons from Recent Data Privacy Penalties

Pillsbury - Consumer Protection Dispatch on 10/15/2024

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

Netherlands Imposes Record-Breaking Data Privacy Fine on Uber: 4 Key Steps Companies Can Take to Ensure Compliance

Fisher Phillips on 10/4/2024

Dutch data privacy officials recently imposed a staggering penalty on Uber – €290 million ($324 million) – for allegedly breaching the European Union’s comprehensive data privacy and security law. This groundbreaking fine is...more

Belgian Data Protection Authority Publishes Guidance on the Interplay between the GDPR and the AI Act

Alston & Bird on 9/26/2024

On 19 September 2024, the Belgian Data Protection Authority (DPA) issued new Guidance on the interplay between the recently adopted EU Regulation on Artificial Intelligence (the AI Act) and the General Data Protection...more

Massive fine for Uber of EUR 290 million

Ius Laboris on 8/28/2024

On 26 August the Dutch Data Protection Authority (DPA) fined Uber EUR 290 million for a breach of the General Data Protection Regulation (GDPR). Following a number of complaints from French Uber drivers, the DPA found that...more

Ireland: Increased Regulatory Convergence of AI and Data Protection: X Suspends Training of AI Chatbot With EU User Data After...

DLA Piper on 8/26/2024

The Irish Data Protection Commission (DPC) has welcomed X’s agreement to suspend its processing of certain personal data for the purpose of training its AI chatbot tool, Grok. This comes after the DPC issued suspension...more

Dutch Data Protection Authority Warns that Using AI Chatbots Can Lead to Personal Data Breaches

Alston & Bird on 8/12/2024

On August 6th, the Dutch Data Protection Authority (DPA) issued guidance cautioning companies about the potential data protection risks associated with the use of Artificial Intelligence (AI)-powered chatbots....more

EDPB and the Role of DPAs Under the EU AI Act

Fenwick & West LLP on 7/18/2024

The European Data Protection Board (EDPB) recently adopted a statement suggesting the Data Protection Authorities’ (DPAs) role with regard to the EU AI Act recently published in the Official Journal of the EU....more

Auction of Personal Data: Clarification of the Concepts of Personal Data and Data Controller

BCLP on 5/31/2024

On 7 March 2024, the Court of Justice of the European Union issued a ruling (C-604/22 | IAB Europe) clarifying the concepts of personal data and controller in the context of the use of a Transparency and Consent Framework...more

Italian Data Protection Authority Alleges Breaches of GDPR by ChatGPT Platform

Robinson+Cole Data Privacy + Security Insider on 2/2/2024

On January 29, 2024, the Italian Data Protection Authority (Garante) notified OpenAI of breaches of data protection laws involving its ChatGPT platform....more

Somewhere Between a Summary and a Data Dump – CJEU Finds Controllers Must Provide Data Subjects a “Faithful And Intelligible” Copy...

White & Case LLP on 5/17/2023

The Court of Justice of the EU (CJEU)1 has held that the General Data Protection Regulation (GDPR) requires controllers to provide data subjects a "faithful reproduction" of their personal data, which takes into account the...more

Public consultation on binding rules for phone marketing – Spanish update

Hogan Lovells on 5/2/2023

The Spanish Data Protection Authority has opened a public consultation process to obtain comments for an incoming decision establishing the rules for commercial communications via telephone. This decision will be binding upon...more

DSGVO-Bußgelder: Reicht eine „strict liability“ oder ist der Nachweis eines Verschuldens nötig?

Latham & Watkins LLP on 4/18/2023

Der Europäische Gerichtshof (EuGH) wird bald darüber entscheiden, ob europäische Datenschutzbehörden künftig leichter Bußgelder nach Art. 83 DSGVO gegen Unternehmen verhängen können. Diese Entscheidung kann großen Einfluss...more

European Data Protection Board Focuses Coordinated Enforcement on Data Protection Officers

Latham & Watkins LLP on 3/27/2023

Organisations should expect increased scrutiny and enforcement activity around the role of data protection officers in the coming year. The European Data Protection Board (EDPB) has announced that its coordinated...more

Hamburg DPA issues optimistic stance on Executive Order for EU-U.S. Data Privacy Framework

Hogan Lovells on 12/5/2022

The Data Protection Authority (“DPA”) of the German state Hamburg is one of the first European DPA to publish an optimistic assessment on the U.S. Executive Order on “Enhancing Safeguards for United States Signals...more

Key Takeaways from the Latest Developments in the EU-U.S. Data Deal

McDermott Will & Emery on 10/11/2022

In a string of executive actions unveiled on October 7, 2022, the U.S. government took steps to implement the EU-U.S. Data Privacy Framework (DPF), the third attempt to secure trans-Atlantic data flows after the European...more

President Biden Enacts New Executive Order On EU-US Data Flow Agreement; EU Adequacy Decision Forthcoming

Benesch on 10/11/2022

The Executive Order hopes to address what had been shortcomings in the previous Safe Harbor and Privacy Shield programs that were struck down by EU courts in 2015 and 2020 respectively. On October 7, 2022, President...more

Switzerland Publishes Adequacy List of Countries Receiving Personal Data Transfers

Morgan Lewis on 9/26/2022

The Swiss government has drafted a proposed list of countries that are approved to receive personal data transfers out of Switzerland. Japan and South Korea are excluded from the current and proposed lists, requiring...more

Volkswagen Fined 1.1 Million Euros for GDPR Violations During Test Drives

Orrick, Herrington & Sutcliffe LLP on 8/3/2022

On 26 July 2022, the Lower Saxony data protection authority ("Lower Saxony DPA") announced that it has imposed a fine of 1.1 million euros on Volkswagen ("VW") due to GDPR violations. It found that VW has violated data...more

EDPB Adopts Guidelines on Calculation of GDPR Fines and on Facial Recognition Technology in Law Enforcement

WilmerHale on 5/31/2022

On May 16, 2022, the European Data Protection Board (EDPB), the independent body of data protection supervisors that promotes consistent data protection rules and application thereof throughout the European Union (EU),...more

U.S. and E.U. Reach New Trans-Atlantic Data Flow Agreement To Replace Privacy Shield

Benesch on 4/6/2022

While the announcement is short on details, once in place, U.S.-based. entities will be able to use the new agreement to comply with the GDPR’s cross-border data transfer requirements. On March 25, the U.S. and E.U....more

8 Things You Need to Know About United Kingdom (UK) International Data Transfers

Orrick, Herrington & Sutcliffe LLP on 4/5/2022

Update: UK international data transfer agreement and UK addendum to the EU standard contractual clauses now in force In February, the Information Commissioner’s Office (“ICO”), the United Kingdom (UK) data protection...more

The EU Data Act - what could this mean for you?

A&O Shearman on 3/15/2022

On 23 February 2022, Margrethe Vestager (European Commission’s Executive Vice President for a Europe fit for the Digital Age) unveiled proposals for the EU’s latest legislative development, the EU Data Act. Originally...more

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