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EU GDPR

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Introduction Recently, the European Commission published its evaluation report on the first two years of the General Data Protection Regulation (GDPR). The Commission focused on, in particular, two themes in its evaluation, being (1) international data transfers and (2) the cooperation and consistency among the European supervisory authorities. As to the latter, the Commission is of the opinion it should definitely be improved. With regard to international data transfer the Commission focuses on the review…

The so-called Omnibus Directive 2019/2161[1] is part of the European Union’s ‘New Deal for Consumers’ initiative aimed at amending four legal acts, namely Council Directive 93/13/EEC (unfair contract terms), Directive 98/6/EC (price indications), Directive 2005/29/EC (unfair commercial practices) and Directive 2011/83/EU (consumer rights – “Consumer Rights Directive”) in order to improve and modernise consumer protection legislation and to strengthen their enforceability. The EU Member States must transpose the Omnibus Directive into national law by November…

It has been two years since the GDPR came into force on 25 May 2018 and during that time, we have seen more guidance published at an EU level as well as from data protection authorities in Member States which has impacted how organisations approach areas of GDPR compliance. We have also seen enforcement action from data protection authorities across the EU and UK. There have also been other significant developments, over the past two…

On 4 May 2020 the European Data Protection Board (“EDPB”) adopted updated guidelines on consent under the GDPR (the “New Guidelines”). The New Guidelines supersede the guidelines on consent originally adopted by the EDPB’s predecessor, the Article 29 Working Party, on 10 April 2018 (the “2018 Guidelines”), and subsequently endorsed by the EDPB. The New Guidelines clarify the EDPB’s position on two specific issues: Cookie Walls – consent is not valid if access to a…

With a changing digital landscape and emerging data driven technologies, the rules of the Directive on Privacy and Electronic Communications (Directive 2002/58/EC) are in need of updating. The proposed E-Privacy Regulation was intended to address new legal challenges and complement the General Data Protection Regulation (GDPR) in relation to privacy in electronic communications. The first draft of the E-Privacy Regulation was presented in January 2017, with the aim that it would be passed quickly and would apply from May…

In the context of the Schrems II case (see a summary here), we continue our analysis of alternative vehicles allowing the transfer of personal to third countries outside the European Economic Area. In previous papers, we focused on Binding Corporate Rules (BCR) [link] as alternatives to the Standard Contractual Clauses (SCC) [link]. This time, we will look at the so-called “derogations for specific situations” set forth under Article 49 GDPR as a subsidiary vehicle to…

The European Commission’s New Deal for Consumers will apply to traders that target consumers in the EU from 28 May 2022. Organisations impacted by the New Deal have two years to get into shape – which is advisable, because the New Deal empowers regulators across the EU to impose GDPR-style fines for breaches of consumer legislation. Like the GDPR before it, the changes will affect most functions within businesses affected by the New Deal. Organisations…

Multinational organizations subject to privacy laws, such as the EU General Data Protection Regulation, are sometimes also subject to seemingly conflicting trade law. One area of US trade law requires that before exporting certain products or technologies, companies screen against US sanctions lists to prevent the goods from being available to states or individuals deemed bad actors. The lists often contain sensitive information, including personal data relating to suspected or confirmed criminal liability. Click here…

Following our previous analysis of the consequences of the opinion of the advocate general Hendrik Saugmandsgaard Øe (a.g.) in the Schrems II case, from the data exporter perspective (available here), we now focus on the implications of the same with respect to the position of the data importer. Indeed, in the following paragraphs, we will turn our attention to the content of the Controller to Processor Standard Contractual Clauses (SCC) and, in particular, to some…

In this blog post we further analyse the impacts of the opinion of the advocate general Hendrik Saugmandsgaard Øe (a.g.) in the Schrems II case. We will focus, more specifically, on what it means for data exporters and what consequences there may be for them, if the decision of Court of Justice of the European Union (CJEU) on the case is consistent with the a.g’s opinion. Data importers will be the focus of another post,…