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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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President Biden Signs “Privacy Shield” Executive Order to Address European Concerns Over Surveillance Practices in the United States

UPDATE: On October 7, 2022, President Biden signed an Executive Order on “Enhancing Safeguards for United States Signals Intelligence Activities,” establishing new privacy safeguards and oversight mechanisms for foreign intelligence that will form the basis of a new EU-U.S. Data Privacy Framework (“DPF”). The DPF, which President Biden and European…

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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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Use of Google Analytics by EU Websites Violates GDPR

Introduction On 13 January 2022, the Austrian Data Protection Authority (“DSB“) ruled that the use of Google Analytics (“GA”) and the resulting export of personal data to the United States (“US”) violates the GDPR’s data export requirements. On 10 February 2022 the French data protection authority (“CNIL”) also confirmed that…

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The Princeton University Data Access Research: A Timely Reminder to Revisit Data Subject Request Processes

Update: Since going live with the below, the EDPB has published its draft guidelines addressing key aspects of a data subject’s right of access.  More to follow soon. Last month, a large number of EU and US companies received queries about their data access request procedures under the General Data Protection…

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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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The Irish DPC Publishes Final Version of its Children’s Fundamentals

On 17 December 2021, the Irish Data Protection Commission (“DPC”) published the final version of its guidance “Children Front and Centre: Fundamentals for a Child-Oriented Approach to Data Processing” (“the Fundamentals”). The Fundamentals set out principles and recommendations for companies to follow when processing children’s data in Ireland. The Fundamentals seek…

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