News & Analysis as of August 4, 2025

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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 -

ICO Annual Report Provides Insight Into Data Protection Risks for Businesses

Paul Hastings LLP on 7/22/2025

The UK Information Commissioner’s Office’s (the ICO’s) latest Annual Report summarises its accomplishments and priorities, including last year’s enforcement actions. Based on our review of the report, we see the ICO focusing,...more

EU Reaches a Deal on Rules for Swifter Cross-Border GDPR Enforcement

Wilson Sonsini Goodrich & Rosati on 6/19/2025

On June 16, 2025, the Council of the EU (Council) and the European Parliament (EP) reached an agreement on a new regulation (the Draft Regulation) to enhance enforcement of the General Data Protection Regulation (GDPR). The...more

German Federal Labor Court Grants Damages Under the GDPR for the Use of Employee Data: 7 Things for Companies to Consider

Orrick, Herrington & Sutcliffe LLP on 5/29/2025

On May 8, 2025, the Federal Labor Court Bundesarbeitsgericht (“BAG”) issued a significant ruling concerning an employee’s claims for damages due to unlawful data transfers within a corporate group. The BAG ruled that works...more

Irish Data Protection Commission Fines TikTok Over EEA Data Transfers to China

Maynard Nexsen on 5/12/2025

On May 2, 2025, the Irish Data Protection Commission (“DPC”) issued a decision, as lead supervisory authority, finding that TikTok infringed the GDPR regarding (a) its cross-border transfers of EEA User Data to China, and (b)...more

Automated Hiring Tools: Are My Hiring Practices Subject to AI Regulation?

Orrick, Herrington & Sutcliffe LLP on 4/21/2025

As companies increasingly leverage automated technologies in their recruiting and hiring processes, legislators and regulators are increasingly focused on establishing guardrails to ensure fairness. As a result, companies...more

Right to Erasure in the Spotlight as EU Data Protection Board Launches 2025 Coordinated Action

Baker Botts L.L.P. on 3/31/2025

The European Data Protection Board (EDPB), the independent EU body responsible for ensuring the consistent application of the EU General Data Protection Regulation (GDPR) across all EU member states, has kicked off its...more

A New Prohibition Era for AI: Why You Could Be ‘Bootlegging’ Banned Tech

DLA Piper on 2/3/2025

If hearing the word “prohibition” brings to mind the moonshine, speakeasies, and bootleg liquor of 1920s America, you’re not alone. It conjures images from ‘Boardwalk Empire’ or ‘The Untouchables’. But today’s prohibition...more

Firings at the US Privacy and Civil Liberties Oversight Board and Potential Impact on Transatlantic Data Transfers

Jackson Lewis P.C. on 2/3/2025

President Trump recently fired the three democrats on the Privacy and Civil Liberties Oversight Board (PCLOB). Since these firings bring the Board to a sub-quorum level, they have the potential to significantly disrupt...more

EU: DLA Piper GDPR Fines and Data Breach Survey: January 2025

DLA Piper on 1/21/2025

The seventh annual edition of DLA Piper’s GDPR Fines and Data Breach Survey has revealed another significant year in data privacy enforcement, with an aggregate total of EUR1.2 billion (USD1.26 billion/GBP996 million) in...more

EU Court Awards Damages for Breach of EU Data Transfer Rules

Wilson Sonsini Goodrich & Rosati on 1/10/2025

On January 8, 2025, the second highest court of the European Union (EU), the General Court of the Court of Justice of the EU (the Court), ordered (in Bindl v European Commission, Case T-354/22) the European Commission (EC) to...more

What Happens If an AI Model Is Developed With Unlawfully Processed Personal Data

Fox Rothschild LLP on 12/18/2024

The European Data Protection Board recently issued an opinion on AI models, shedding light on what the consequences could be for the unlawful processing of personal data in the development phase of an AI model on the...more

Privacy Law Recap 2024: State Consumer Privacy Laws

Perkins Coie on 12/18/2024

U.S. privacy law continued to expand in 2024, both geographically and substantively. We now have 19 states with comprehensive consumer privacy laws (some of which are already in effect, while others become effective in...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

EU: ECJ Rules That Competitors Are Entitled to Bring an Injunction Claim Based on an Infringement of the GDPR

DLA Piper on 10/9/2024

Introduction - In its judgement of 04 October 2024 (C-21/23), the European Court of Justice (“ECJ”, “Court”) ruled, that the provisions of Chapter VIII of the GDPR, do not preclude national rules which grant undertakings the...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

EU Data Protection Regulators Publish Additional Guidance On The EU-U.S. Data Privacy Framework

Alston & Bird on 8/21/2024

Last month, the European Data Protection Board – which is composed of the national data protection authorities (‘Supervisory Authorities’) of the countries in the European Economic Area (‘EEA’), as well as the European Data...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

Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications –PART II

Bradley Arant Boult Cummings LLP on 7/29/2024

In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data...more

Limited-Risk AI - A Deep Dive Into Article 50 of the European Union’s AI Act

WilmerHale on 5/29/2024

This blog post focuses on the transparency requirements associated with certain limited-risk artificial intelligence (AI) systems under Article 50 of the European Union’s AI Act....more

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

Wilson Sonsini Goodrich & Rosati on 3/21/2024

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

EU’s Highest Court Expands EU GDPR Restrictions on Automated Decision-Making, Profiling, and AI

Morgan Lewis on 2/23/2024

A recent decision by the Court of Justice of the European Union will extend the EU General Data Protection Regulation’s automated decision-making restrictions to many present and future use cases of such technologies. While...more

10 Privacy Predictions in the EU for 2024

Wilson Sonsini Goodrich & Rosati on 1/18/2024

In 2024, businesses will continue to face an evolving landscape of privacy opportunities and challenges, including an increasingly complex data regulatory environment that extends beyond the General Data Protection Regulation...more

EU court clarifies conditions for imposing GDPR fines

Orrick, Herrington & Sutcliffe LLP on 12/11/2023

On December 5, the Court of Justice of the European Union (CJEU) issued a judgment clarifying the conditions under which a General Data Protection Regulation (GDPR) fine can be imposed on data controllers....more

New EU Data Act: Impact On Data Flows Within And Outside The EU’s Borders

Morgan Lewis on 12/6/2023

The Council of the European Union adopted the Data Act on November 27, 2023. The Data Act, together with the Data Governance Act and EU General Data Protection Regulation (GDPR), as key elements of the broader European data...more

The Data Act – the EU's bid to "ensure fairness in the digital environment and a competitive data market" – has been adopted

White & Case LLP on 11/30/2023

On November 27, 2023, the European Union ("EU") adopted the final text of the Data Act, marking an effort to create a harmonized, cross-sectoral data sharing framework with the stated goal of ensuring fair access to and use...more

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