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New EU Rules for Data Access and Sharing: What You Need to Know

On February 23, 2022, the European Commission published its proposal for a Regulation on Harmonized Rules on Fair Access to and Use of Data (“Data Act”), which focuses on data generated by Internet of Things (“IoT”) devices. The aim of the Data Act are to create a single market for…

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French Data Protection Authority Fined Medical Software Provider for GDPR Violations

On April 21, 2022, France’s data protection authority, the Commission Nationale de l’Informatique et des Libertés (CNIL), announced its decision to fine medical software company Dedalus Biologie €1.5 million following a data breach that exposed health information of nearly 500,000 people. The CNIL noted the company violated several GDPR obligations,…

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EDPB Defines a "Transfer" Under the GDPR

On 18 November 2021 the European Data Protection Board (“EDPB”) released its Guidelines 05/2021 on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the GDPR (“Guidelines”) for public consultation.  The Guidelines clarify one of the most vexing issues in…

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EDPB to Provide Clarification on Transfers to Importers Subject to the GDPR: Another New Set of SCCs Seen

The European Data Protection Board (EDPB) recently published minutes of its last plenary meeting held in September 2021, which (in paragraph 2) shed light on how the EDPB may address one of the biggest open issues regarding data transfers from Europe — whether under General Data Protection Regulation (GDPR), Chapter V data…

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Europe Opts for Pragmatism with new SCCs and ICO Opens Consultations on UK SCC — What Companies Need to do Next

The dust has settled on the new EU standard contractual clauses for cross-border data transfers (“New SCCs”), but confusion still reigns on how the New SCCs cover data transfers and what companies need to do to take advantage of them and comply with regulatory implementation guidance, including in relation to…

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Late Breach Notice In Europe Leads To Nearly €500k Fine

On 31 March 2021 the Dutch Data Protection Authority (DPA) announced that it fined the online reservation platform Booking.com €475,000 for failing to notify the DPA of a data breach within the timeline established in the GDPR. The decision signals European regulators’ growing scrutiny of how companies exercise discretion in incident response decisions….

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