DLA Piper's Global Privacy and Data Protection Resource
Authors: Carolyn Bigg, Amanda Ge, Venus Cheung, and Gwyneth To
Summary: The final version of the China SCCs has now been published, meaning those organisations that haven’t had to apply for CAC approval for their cross-border transfers of personal information now have until 1 December 2023 to:
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Continue Reading CHINA: Final China SCCs for CBDT published – What you need to know
Authors: Heidi Waem and Simon Verschaeve
The arrival of the internet has revolutionized the advertising landscape, and since the appearance of the first banner ad in 1994, innovative technologies have been developed in the field of online advertising. Since then, new stakeholders, such as online platforms, have emerged and a whole spectrum of new digital…
Continue Reading EU Regulatory Data Protection: Online advertising – A regulatory patchwork under construction
Author: Keri Bennett
As of February 1, 2023, two new sections of the British Columbia Freedom of Information and Protection of Privacy Act (“FIPPA”) and associated regulations are in force. All public bodies governed by FIPPA in the province of British Columbia (generally speaking all government ministries and the broader public sector)
On 16 January 2023, the Directive on measures for a high common level of cybersecurity across the Union (“NIS2”) entered into force.
NIS2 replaces the Directive on Security of Network and Information Systems (“NIS Directive”) and introduces a number of changes, including bringing more sectors and services under the scope of…
Continue Reading EU: NIS2 enters into force
Authors: Heidi Waem – Nicolas Becker
Following a reference for a preliminary ruling by the Belgian Council of State, the Belgian Constitutional Court ruled that an interested third party should be able to bring an appeal against a decision of the Litigation Chamber (the sanctioning body within the Belgian Data Protection Authority). As article 108,…
Continue Reading Belgium: Constitutional Court rules that third parties should be able to appeal DPA decisions
On 12 January 2023, the European Court of Justice (“CJEU”) delivered its judgment regarding the right of access to personal data under Article 15 GDPR. The CJEU held that when exercising their right of access under the GDPR, data subjects must be provided with the individual data recipients of their personal data.
Background…
Continue Reading Europe: CJEU decision – Right of access to individual recipients of personal data
New decisions narrow ‘contractual necessity’ as a ground for processing data—and highlight divisions among EU privacy regulators
Authors: James Sullivan, John Magee & David Brazil
Ireland’s Data Protection Commission (DPC) announced on January 4, 2023, that it has fined Meta a total of €390 million after finding that the company’s Facebook and Instagram…
Continue Reading EU & Ireland: Meta’s legal basis for targeted ads found to breach GDPR
On 2 November 2022, the Portuguese Data Protection Authority (“CNPD”) issued a Decision imposing a fine of € 4,300,000 (four million three hundred euros) to the National Institute of Statistics (“INE”) for multiple violations in the processing of data subjects’ sensitive data during the Census 2021 operation.
Background
On 13th December, the European Commission published a draft adequacy decision to enhance and replace its 2016 adequacy decision for the EU-U.S. Privacy Shield framework (“Privacy Shield”), which was invalidated by the Schrems II decision of the Court of Justice of the European Union (“CJEU”). The Commission has submitted…
Continue Reading EU – US adequacy decision: State of play
Authors: James Clark and David Cook
The UK government has published its plans to amend the Network and Information Systems Regulations 2018. The reforms will lead to many more IT companies falling within the scope of the Regulations as ‘Digital Service Providers’ and will expand incident reporting obligations. A two-tiered regime for Digital Service Providers…
Continue Reading UK NIS – Get ready for expansion of the UK’s critical national infrastructure cyber security laws
