Court of Justice of the European Union

On December 21, 2023, the Court of Justice of the European Union (“CJEU”) issued its judgment in the case of Krankenversicherung Nordrhein (C-667/21) in which it clarified, among other things, the rules for processing special categories of personal data (hereafter “sensitive personal data”) under Article 9 of the EU General Data Protection Regulation (“GDPR”) and the nature of the compensation owed for damages under Article 82 of the GDPR.Continue Reading CJEU Rules on Processing of Sensitive Data and Compensation Under the GDPR

On December 14, 2023, the Court of Justice of the European Union issued its judgment in the case of VB v. Natsionalna agentsia za prihodite (C‑340/21), in which it clarified the concept of non-material damage under Article 82 of the GDPR and the rules governing burden of proof in the GDPR.
Continue Reading CJEU Rules That Fear May Constitute Damage Under the GDPR

On December 7, 2023, the Court of Justice of the European Union ruled that credit scoring constitutes automated decision-making, which is prohibited under Article 22 of the EU General Data Protection Regulation unless certain conditions are met.
Continue Reading CJEU Rules that GDPR Prohibition on Automated Decision-Making Applies to Credit Scoring

On July, 10 2023, the European Commission formally adopted a new adequacy decision on the EU-U.S. Data Privacy Framework, which follows years of intense negotiations between the EU and the U.S. after the invalidation of the EU-U.S. Privacy Shield by the CJEU in the Schrems II case.
Continue Reading BREAKING: EU Commission Adopts EU-U.S. Data Privacy Framework Adequacy Decision

On May 11, 2023, at a plenary session, the European Parliament voted to adopt a resolution on the adequacy of the protection afforded by the EU-U.S. Data Privacy Framework which calls on the European Commission to continue negotiations with its U.S. counterparts with the aim of creating a mechanism that would ensure equivalence and provide the adequate level of protection required by EU data protection law.
Continue Reading European Parliament Adopts EU-U.S. Data Privacy Framework Resolution

On December 12, 2022, at the “POLITICO Live” event sponsored by Hunton Andrews Kurth LLP’s Centre for Information Policy Leadership, speakers from both sides of the Atlantic were optimistic that the new EU-U.S. Data Privacy Framework will withstand an anticipated legal challenge.
Continue Reading Speakers Optimistic About New EU-U.S. Data Privacy Framework