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The European Data Protection Supervisor recently issued a decision against the European Parliament in a case that resulted from a complaint submitted by certain Members of the European Parliament who alleged that the Parliament’s use of cookies violated data protection law, including requirements regarding the transfer of personal data outside of the EU. …
Continue Reading EDPS Issues Decision on EU Parliament’s Cookie Violations

On December 21, 2021, the European Commission announced that it had adopted its adequacy decision on the Republic of Korea. The adequacy decision allows for the free flow of personal data between the EU and Korea, without any further need for authorization or additional transfer tool. The adequacy decision also covers transfers of personal data between public authorities. …
Continue Reading European Commission Adopts South Korea Adequacy Decision

On November 19, 2021, the European Data Protection Board published its draft Guidelines 05/2021 on the interplay between the application of Article 3 of the GDPR, which sets forth the GDPR’s territorial scope, and the GDPR’s provisions on international data transfers.
Continue Reading The EDPB Issues Guidelines Clarifying What Constitutes an International Data Transfer Under the GDPR

On September 10, 2021, the UK Government Department for Digital, Culture, Media & Sport launched a consultation on its proposed reforms to the UK data protection regime to reflect DCMS’s effort to deliver on Mission 2 of the National Data Strategy. The consultation will close on November 19, 2021, and CIPL will consult with members to prepare a formal response to the consultation.
Continue Reading DCMS Consults on National Data Strategy

The Belgian Council of State recently confirmed a decision of the regional Flemish Authorities to contract with an EU branch of a U.S. company using Amazon Web Services, stating that the use of U.S. cloud services in itself does not infringe on the GDPR.
Continue Reading Belgian Council of State Considers Encryption a Sufficient Measure for U.S. Data Transfers

On August 27, 2021, the Federal Data Protection and Information Commissioner announced that the new EU Standard Contractual Clauses may be relied on to legitimize transfers of personal data from Switzerland to countries without an adequate level of data protection, provided that the necessary amendments and adaptations are made for use under Swiss data protection law. …
Continue Reading Swiss DPA Recognizes the New EU Standard Contractual Clauses

On August 26, 2021, the UK Department of Culture, Media and Sport made news by publishing a document indicating its intent to begin making adequacy decisions for UK data transfers to foreign jurisdictions and by announcing its preferred candidate for the position of new UK Information Commissioner.
Continue Reading UK DCMS Identifies Priority Jurisdictions for UK Adequacy Recognition and Proposes New UK Information Commissioner