Companies transferring personal data out of the EU or UK are reminded of key deadlines approaching for the contracts that govern these transfers. When the European Commission adopted the new Standard Contractual Clauses (SCCs) in 2021, it set a deadline of December 27, 2022 for existing contracts under the old SCCs. This means that by December 27, 2022 onward, all existing contracts using the old SCCs will need to be replaced by the new terms.

Continue Reading Deadlines for EU and UK Standard Contractual Clauses Approaching

As we pass the half-way mark of 2022, many are reflecting on their privacy compliance progress. One area that seems to be a constant battle is training. How much is needed? What kind of training? What are expectations from regulators around training?

Continue Reading Privacy and Cybersecurity Training: Addressing Regulatory Concerns

It has been almost two years since the Privacy Shield was struck down as a valid data transfer mechanism in Schrems II. Many have been wondering “what’s next”? Will there be a replacement framework? When will that be released? Will the replacement be invalidated? Well, the European Commission and US recently announced an “agreement in principle” to replace the EU-US Shield Privacy Shield. The EDPB also recently released a statement welcoming the announcement, but reminding companies that the announcement is not actually a legal framework. Thus, nothing has changed… yet.

Continue Reading Waiting on a new EU-US Privacy Shield

The Belgian Data Protection Authority (APD) recently released a draft decision imposing a €250,000 fine ($285,000) on the provider of a consent mechanism that operates within a real-time ad bidding program. The ad bidding program, OpenRTB, allows advertisers to place online ads through an automated online auction of available ad space. Thousands of advertisers can bid on space in real time, through a fairly complex process involving many different entities (a schematic of the process was included by the ADP in its decision on page 9). The case first arose in 2019, and after several interim decisions the ADP has now held in this draft decision, among other things, a two month deadline for IAB Europe to present a remediation plan to the ADP. The case was one with cross-Europe impact, and thus the ADP’s decision has been sent to its European counterparts for feedback.

Continue Reading Interactive Advertising Bureau of Europe Fined By Belgian DPA for GDPR Violation

Following a similar case from Austria, the French data protection authority recently concluded that certain use of cookies placed by US data analytics tools violated GDPR. The case came before the CNIL as the result of a complaint filed by “None of Your Business,” the non-governmental organization created by Max Schrems.

Continue Reading CNIL Recommends Using US Analytics Tools Only for Anonymous Statistical Data

The Portuguese data protection authority issued a recent resolution ordering the Portuguese National Institute of Statistics (or INE) to stop sending personal census information to any countries outside of the EU that do not provide “adequate” levels of data protection. Among those countries are the United States.
Continue Reading Portugal Puts Halt on Data Transfers Between INE and Cloudflare

Throughout 2020, companies have been negotiating with their business partners the issue of “selling” under CCPA. Is the partner a service provider? A third party? Is there an exchange of consideration? These issues will not likely go away in 2021, especially as we turn to addressing the CCPA modification, CPRA.
Continue Reading 2020 In Review: Exchanging Data With Business Partners

The EDPB recently issued guidelines about how to use health data during the current pandemic in compliance with GDPR. Given the COVID-19 pandemic, there have been many research efforts in place to fight against the virus.  The EDPB’s guidelines shed light on the special rules for processing health data for scientific research, which apply in the context of the COVID-19 pandemic:
Continue Reading Using Health Data in Europe During COVID-19

Following its 20th plenary session on April 7, the European Data Protection Board (EDPB) selected geolocation and health data to focus on in its upcoming COVID-19 guidance. This follows in response to the EDPB’s earlier broad statement on the processing of personal data in the context of COVID-19.
Continue Reading EDPB Announces Scope of COVID-19 Guidance

As many who have been tracking CCPA are aware, the law requires training employees who handle consumer inquiries, and ensuring that employees understand how to help consumers exercise their rights. Since most of those rights requests are arriving by web page, email, and phone, it is unlikely that rights requests will slow in the face of COVID-19. Indeed, it is possible that they may increase. Employees will thus still need training, something many companies had anticipated doing in-person.

Coronavirus

Continue Reading Turn On the Camera Part Three: Fulfilling CCPA Training Obligations in the Face of COVID-19