European Union Archives

In Data Privacy

The New European Commission Standard Contractual Clauses: What you need to know

The European Commission (“EC”) recently issued its revised standard contractual clauses for data transfers to third countries (“Ex-EU SCCs”) and a companion set of standard clauses for controllers and processors in the EU/EEA (“Intra-EU SCCs”). Both are now published in the Official Journal. The following is an introduction to the core elements of the Ex-EU SCCs and a brief overview of the Intra-EU SCCs. Legal Context The Ex-EU SCCs are a mechanism that companies can…

In Podcast

Podcast Episode 31 — EU Digital COVID Certificate – What it Does and What it’s For

June 7, 2021 by Brian Hengesbaugh and Francesca Gaudino 1 Min Read

In this episode of Connect on Tech, our host, Brian Hengesbaugh is joined by Francesca Gaudino, partner and head of Baker McKenzie’s Information Technology & Communications Group in Milan to discuss the EU Digital COVID Certificate that will facilitate safe free travel of citizens in the EU during the COVID-19 pandemic. On June 1, a month ahead of schedule, seven member states have decided to connect to the gateway and are issuing certificates, with more…

In General

Impact of the European Recovery Plan for the TMT sector

June 17, 2020 by Ben Allgrove, Steve Holmes and Nick O'Grady 1 Min Read

On May 27, 2020, the European Commission put forward its proposal for a European Recovery Plan (ERP) with a new EUR 750 billion funding via its financial recovery instrument, called the “Next Generation EU” which would be funded by borrowing on the financial markets. If approved by the Member States, Next Generation EU will invest EUR 500 billion through grants and EUR 250 billion through loans. This is additional to a ‘boosted and reinforced’ EUR 1.1…

In Data Privacy

Omnibus Directive: Is There a New GDPR-style Legislation Waiting for Us?

May 27, 2020 by Julia Kaufmann, Michaela Nebel and Magdalena Kogut-Czarkowska 9 Mins Read

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…

In Data Privacy

Contact Tracing Apps: UK and EU Authorities Publish Guidance for Industry

April 24, 2020 by Joanna De Fonseka and Benjamin Slinn 14 Mins Read

In the weeks and months ahead, contact tracing technologies will play a critical role in the societal fight against COVID-19, and the quest to restore order. A number of recent developments both in the European Union and the United Kingdom offer insight on the regulatory expectations in the widespread use of location data for this new health policy purpose. In this post, we summarise key points from the following UK and EU regulatory guidance, which…

In Data Privacy

Podcast Episode 08: Key Aspects of EDPB Guidelines on the Territorial Scope of GDPR

January 30, 2020 by Brian Hengesbaugh and Michaela Nebel 1 Min Read

In this Connect on Tech Episode, Brian Hengesbaugh and <ichaela Nebel focus on new EDPB guidelines on the territorial scope of application of GDPR.

In Artificial Intelligence

Antitrust Compliance and Pricing Algorithms

January 9, 2020 by Creighton Macy and Daniel Graulich 2 Mins Read

Antitrust enforcement officials in the US and EU are watching developments surrounding the use of pricing algorithms and artificial intelligence. One area in particular that has drawn attention is the emerging use for AI to combine data and analytics to more accurately price products. Of course, competitive intelligence gathering is a fact of life in business, and many companies have compliance policies to deal with antitrust risks that can arise when handling such information. However,…

In Data Privacy

Podcast Episode 01: The Broader Implications of the Planet49 Case

November 12, 2019 by Brian Hengesbaugh and Julia Kaufmann 1 Min Read

In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Julia Kaufmann, a partner at Baker McKenzie in Munich. In this episode, you will learn about: The Planet49 case and the ruling of the Court of Justice of the European Union Broader implications this case has beyond sweepstakes operators, how it will impact all website operators, and the huge elements of change in regards to cookies and affirmative consent Open questions…

In Data Privacy

Third Annual Privacy Shield Review Confirms EU Commission’s Adequacy Decision

October 19, 2019 by Brian Hengesbaugh 4 Mins Read

The European Union Commission (Commission) has issued a report on its findings from the third annual Privacy Shield review, which took place in September. In its report, the Commission confirmed that the EU-US Privacy Shield framework continues to ensure an adequate level of protection for personal data transferred from the EU to companies participating in the Privacy Shield program in the United States. In concluding its report, the Commission provided additional action items necessary to…

In Data Privacy

First fine for violation of the GDPR in Poland

March 28, 2019 by Magdalena Kogut-Czarkowska 5 Mins Read

Polish DPA imposes EUR 220,000 fine for breach of Art. 14 GDPROn 26 March 2019, the Polish data protection authority (DPA) announced that it has imposed its first financial penalty amounting to EUR 220,000 (approx. PLN 943,000) on a data controller in Poland for failing to comply with the provisions of the GDPR. The controller is a company that aggregates personal data from publicly available registers, such as the Central Register and Information on Economic…