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Patricia Pérez

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The deadline for Member State implementation of NIS2 is less than a month away, but the majority of Member States we surveyed are likely to miss this deadline. This raises practical compliance challenges for multinationals in Europe, but there are concrete steps organisations can and should take now to prepare. NIS2 repeals and replaces the NIS Directive and harmonizes the EU’s existing cybersecurity framework. It imposes more onerous cybersecurity obligations on entities in a wider…

28 January 2024 is Data Protection Day (or Data Privacy Day outside of Europe), which marks the anniversary of the Council of Europe’s Convention 108. Data Privacy Day encourages the global community to think about the importance of respecting privacy, safeguarding data, and enabling trust. In an increasingly connected and digitized world, where data protection, privacy and cybersecurity regulation are rapidly evolving, the work of the global data community is more vital, and more challenging,…

On December 22, 2023 the EU Regulation on harmonised rules on fair access to and use of data, also known as the Data Act, was published in the Official Journal of the European Union. It shall enter into force on the twentieth day following that of its publication, namely on January 11, 2024, and become applicable on September 12, 2025. The Data Act affects manufacturers of connected products and also providers of related services, including virtual…

The SDPA and the CNMC, among other institutions, launch a series of coordinated actions related to the age verification of minors online, aimed at reinforcing their protection and preventing their access to harmful content. As in the rest of the European Union, the protection of minors online is one of the main areas of concern of Spanish authorities such as the Spanish Data Protection Agency (“SDPA”), the National Commission for Markets and Competition (“CNMC”) and…

On July 10, 2023, the European Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework (“DPF”). US companies that participate in the DPF will be deemed to provide “adequate protection” under Article 45 of the EU General Data Protection Regulation (“GDPR”) for personal data transfers received from the European Union (“EU”) and European Economic Area (“EEA”). Why did the EC need to adopt the adequacy decision for the DPF? As we have previously written, the…

The US Office of the Director of National Intelligence (“ODNI”) announced today that it has fully implemented new safeguards under Executive Order 14086. See INTEL – ODNI Releases IC Procedures Implementing New Safeguards in Executive Order 14086. These steps clear the path for the European Commission to adopt the draft “adequacy decision” for cross-border data transfers pursuant to the EU-U.S. Data Privacy Framework. By way of brief background, in July 2020, the Court of Justice…

28 January 2023 is Data Protection Day (or Data Privacy Day outside of Europe), which marks the anniversary of the Council of Europe’s Convention 108. To mark Data Protection Day 2023, Baker McKenzie’s Global Data Privacy and Security Team is pleased to present this special edition update of key data protection and privacy developments and trends across the globe, as well summarising future legislative changes, predictions, and enforcement priorities to look out for during 2023.…

On December 13, the European Commission (“EC”) announced a draft decision on the adequacy of the U.S data protection regime to protect the personal data of European Union (“EU”) residents, the EU-U.S. Data Privacy Framework (“DPF”). The DPF, which was initially announced in March 2022 as a political agreement between the EU and the U.S., and then bolstered by President Biden’s Executive Order (“EO”) in October 2022, opens the door for an EU-U.S. data transfer…

In March 2022, U.S. and EU leaders reached an agreement in principle on a new accord to protect data flows entitled the Trans-Atlantic Data Privacy Framework (“EU-U.S. DPF”).  Today, the US Government has taken important steps to implement this critical data flow framework, and strengthen legal certainty for EU to US personal data transfers.   First, President Biden signed an Executive Order on “Enhancing Safeguards for United States Signals Intelligence Activities” (“EO”). The EO enhances privacy…

El Parlamento Europeo aprobó el 5 de julio el articulado final del Reglamento de Servicios Digitales (DSA) y del Reglamento de Mercados Digitales (DMA). Estas normas regulan la posición jurídica de proveedores de servicios digitales de intermediación (p. e. plataformas como marketplace, motores de búsqueda, redes sociales, servicios de hosting, etc.) y, consecuentemente, afectan también a todos los demás players (usuarios y empresas de todos los tamaños) que interactúan a través de sus servicios.