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General Data Protection Regulation (GDPR) Court of Justice of the European Union (CJEU) Corporate Counsel

Follow this channel for updates and analysis on all aspects of the European Union's General Data Protection Regulation, a reform of EU's data protection rules that impacts... more +
Follow this channel for updates and analysis on all aspects of the European Union's General Data Protection Regulation, a reform of EU's data protection rules that impacts individuals throughout the Union and all businesses operating therein. less -
Clark Hill PLC

How to Explain Automated Decisions: Recent CJEU Decision and CPPA Rulemaking Offer Insight into ADM Explainability

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Automated decision-making, or ADM, is used for a wide range of use cases that impact individuals — from processing insurance claims and credit scoring, to ranking job candidates and offering personalized pricing or targeted...more

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

Federal Trade Commission Hashes Out Aggressive Interpretation of Data Anonymization: What You Need to Know

The Federal Trade Commission (FTC) has a long-standing habit of creating legal obligations through blog posts. Recent communications from the FTC by way of its Office of Technology Blog evidence an aggressive expectation...more

Morgan Lewis

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

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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

McDermott Will & Schulte

EU Top Court Sheds Light on Untested Crossroads Between Competition and Privacy Law

On July 4, 2023, the Court of Justice of the European Union (CJEU) issued a ruling in the case involving Meta Platforms Inc., Meta Platforms Ireland, and Facebook Deutschland (Meta). The judgement explores the intersection of...more

A&O Shearman

EU CJEU confirms broad right of access to personal data under GDPR but protects employee privacy

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The Court of Justice of the European Union (CJEU) published its decision in the case of J.M. v Pankki S (Case C‑579/21) on 22 June 2023....more

Jones Day

CJEU Clarifies the Right to Compensation for GDPR Infringements Causing Non-Material Damage

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In Short - The Situation: There has been uncertainty over the circumstances in which data subjects can claim compensation for "mere" infringement of their rights without specific evidence of harm. On May 4, 2023, the Court...more

A&O Shearman

CJEU clarifies key aspects of the GDPR: an overview of recent cases

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The Court of Justice of the European Union (CJEU) issued on 4 May 2023 three decisions in cases concerning interpretation of key aspects of the GDPR. It also published three opinions of the Advocate General (AG). Below is a...more

Cooley LLP

European Court of Justice Clarifies Rules on Damages Compensation for GDPR Breaches

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On 4 May 2023, the Court of Justice of the European Union (CJEU) delivered its decision in the Österreichische Post case (Case C-300/21), in essence deciding that a mere infringement of the General Data Protection Regulation...more

Wilson Sonsini Goodrich & Rosati

CJEU Finds That Companies Must Provide Individuals with the Identity of Data Recipients When Responding to Data Access Requests

On January 12, 2023, the Court of Justice of the European Union (CJEU) ruled that the data subject’s right of access to personal data requires controllers to provide the data subject with the identity of the companies that...more

A&O Shearman

EU top court rules that controllers must disclose actual identity of data recipients in response to data subject access request

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The Court of Justice of the European Union (CJEU) delivered its judgment in Case C-154/21 Österreichische Post (the Österreichische Post case) on 12 January 2023. The case relates to the interpretation of Art. 15(1)(c) GDPR,...more

Latham & Watkins LLP

CJEU AG Sets High Bar for Responses to Data Subject Access Requests

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The Advocate General argues that organisations should provide individuals with information on the specific recipients of their personal data. Advocate General Giovanni Pitruzzella (AG) of the Court of Justice of the...more

Vinson & Elkins LLP

Patchworking Data Protection Regimes: UK Adopts New Data Transfer Mechanisms Post-Brexit and Schrems II

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Two new United Kingdom (“UK”) data transfer mechanisms, the International Data Transfer Agreement (“IDTA”) and the International Data Transfer Addendum (“UK Addendum”) to the European Union’s (“EU”) new standard contractual...more

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

The U.S. and EU Announce an “Agreement in Principle” to Replace the EU-U.S. Privacy Shield Framework: What Employers Need to Know

On March 25, 2022, the European Union (EU) announced that the United States and the EU had reached an agreement in principle to replace the EU-U.S Privacy Shield framework, which the European Court of Justice (CJEU) struck...more

Orrick, Herrington & Sutcliffe LLP

The Austrian Data Protection Authority Ground-breaking Google Analytics Decision: Analysis and Key Takeaways

The Austrian data protection authority (Österreichische Datenschutzbehörde; Austrian DPA) recently ruled that the use of Google Analytics violated Chapter V (transfers of personal data to third parties) of the EU General Data...more

Orrick, Herrington & Sutcliffe LLP

6 Key Things to Know about the new EDPB Guidance on International Data Transfers

On November 19, 2021, the European Data Protection Board (“EDPB”) issued draft guidance on the interplay between Article 3 of the General Data Protection Regulation (“GDPR”) and the provisions on international transfers...more

Blank Rome LLP

New Standard Contractual Clauses for Cross-Border Transfer of EU Personal Data Released

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The European Commission has published updated versions of the standard contractual clauses for international transfers of personal data from the European Union (“EU”). These new standard contractual clauses take into account...more

Vinson & Elkins LLP

Keeping Transborder Data Flowing Post-Schrems II: EU Adopts Revised Standard Contractual Clauses

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On June 4, 2021, the European Commission announced the definitive adoption and publication of revamped Standard Contractual Clauses (“SCCs”) for the transfer of personal data to third countries pursuant to the EU General Data...more

Vinson & Elkins LLP

The Schrems Saga Continues: EU Data Protection Authorities May Be Ready To Strike Down Yet Another EU-U.S. Data Transfer Mechanism

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Pathways for U.S. companies to transfer personal data out of the European Union have been repeatedly blocked by EU authorities concerned by what they perceive as gaps in data protection under U.S. laws. Schrems I invalidated...more

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

French Data Protection Authority Rules on Transfers of Health Data

The French Conseil d’Etat handed down an important decision October, 13th regarding privacy and personal data protection. This decision comes in the wake of the “Schrems II” ruling of the Court of Justice of the European...more

Akin Gump Strauss Hauer & Feld LLP

Further Tension Between National Security and Protecting Privacy: Latest EU Judgments

United Kingdom, French and Belgian national security laws (and such laws of other EU Member States) fell under the scrutiny of the Court of Justice of the European Union (CJEU), which on October 6, 2020, ruled on whether such...more

Vinson & Elkins LLP

UK Privacy Adequacy In Danger? Mass Surveillance Limited By The CJEU

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On October 6, 2020, the Court of Justice of the European Union (the “Court”) ruled that principles of EU law prevent Member States from requiring a provider of electronic communications services to indiscriminately retain...more

Akin Gump Strauss Hauer & Feld LLP

European Data Protection Board Forms Two New Taskforces to Address Schrems II Aftermath

On Friday September 4, 2020, the European Data Protection Board (EDPB), a body consisting of representatives of all the Data Protection Authorities (DPAs) in the European Economic Area, announced that it had formed two new...more

Morgan Lewis

Schrems II Could Disrupt US Courts’ Common Ground on eDiscovery and Data Transfers from Europe - THE EDATA GUIDE TO GDPR

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Schrems II may force companies obligated to produce EU personal data to the task of determining whether to comply with US discovery obligation rules that risk fines under the GDPR for illegal data transfers or to defy the US...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2020

In this month's edition, we examine the Court of Justice of the European Union's decision invalidating the EU-U.S. Privacy Shield framework, as well as the U.S. government's response to the decision. We also examine two...more

Akerman LLP

Schrems II and EU-U.S. Personal Information Transfers: Where Are We, and What’s Next?

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The Court of Justice of the European Union (CJEU) recently issued a decision with global implications for data transfers from the EU in a case referred to the CJEU from the Irish Data Protection Commissioner, colloquially...more

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