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European Top Court Confirms Companies Need to Name “Recipients” of Personal Data When Responding to Access Requests, Not Just Categories

On January 12, 2023, the Court of Justice of the European Union (“CJEU”) ruled in case C-154/21 | Österreichische Post AG that controllers must provide the specific identity of any “recipient” of personal data in response to a GDPR access request. While the GDPR itself states that controllers may inform…

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EU Commission Publishes Draft Adequacy Decision on Privacy Shield 2.0

On December 13, 2022, the European Commission published a draft adequacy decision on the EU-US Data Privacy Framework (the “Framework”), the successor to the EU-US Privacy Shield Framework that was famously struck down by Europe’s top court two years ago. While the purpose of the draft adequacy decision, once adopted,…

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EU Standard Contractual Clauses Need Replacing by December 27, 2022

Introduction On June 4, 2021, the European Commission (the “EC”) abolished the old Standard Contractual Clauses (the “Old SCCs”) and published a new more flexible set of clauses (the “New SCCs”) for companies that wish to export personal data from the EU to elsewhere to rely on (for more information,…

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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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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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UK Data Transfer Mechanism Comes Into Force

The International Data Transfer Agreement (“IDTA”), the long awaited mechanism for international transfers of personal data originating from the United Kingdom (“UK”), is now in force as of March 21, 2022, along with a separate addendum to the EU standard contractual clauses (“UK Addendum”). These transfer mechanisms were introduced by…

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ICO Issues Opinion on Data Protection and Privacy Expectations for Online Advertising Proposals

On 25 November 2021, the UK Information Commissioner’s Office (“ICO”) published an Opinion on Data Protection and Privacy Expectations for Online Advertising Proposals (“Opinion”). The Opinion emphasizes several data protection concerns relating to behavioural advertising and sets out overarching expectations that companies must meet to safeguard people’s privacy online when…

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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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