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

On March 25, 2022, President Biden and the President of the European Commission (“EC”) von der Leyen announced that the US and EU reached an agreement in principle on a new Trans-Atlantic Data Privacy framework for transatlantic data flows (the New Framework). The parties now need to translate the consensus…

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Utah Passes Comprehensive Consumer Privacy Legislation

On March 24, 2022, Utah became the fourth U.S. state to adopt consumer data privacy legislation after Utah Gov. Spencer Cox signed the Utah Consumer Privacy Act (“UCPA”).  The UCPA is largely based on the Virginia Consumer Data Protection Act (“VCDPA”). It regulates how a controller (defined by the UCPA…

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CNIL Sets Parameters for Processors' Reuse of Data for Product Improvement

On January 12, 2022, the French data protection authority, Commission nationale de l’informatique et des libertés, issued guidance on the reuse of personal data by processors for their own purposes under the EU General Data Protection Regulation. The guidance addresses one of the most common — and hotly contested — aspects of…

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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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