On June 4, 2021, the European Commission published the final version of the implementing decision on standard contractual clauses for transfers of personal data to third countries under the EU General Data Protection Regulation, as well as the final version of the new standard contractual clauses.
Continue Reading European Commission Publishes Final Version of Updated Standard Contractual Clauses

On May 11, 2021, the European Parliament issued a press release requesting that the European Commission amend its draft decisions on UK adequacy to more closely align with EU court rulings and the opinion of the European Data Protection Board. The request came after the Parliament’s Civil Liberties Committee passed a resolution evaluating the Commission’s approach regarding the adequacy of the UK’s data protection regime.
Continue Reading MEPs Urge European Commission to Amend Draft UK Adequacy Decision

On April 22, 2021, the Belgian Constitutional Court annulled the framework set forth by the Law of 29 May 2016 requiring telecommunications providers to retain electronic communications data in bulk.
Continue Reading Belgian Constitutional Court Annuls Data Retention Framework for Electronic Communications Data

The European Commission has published its Proposal for a Regulation on a European approach for Artificial Intelligence. The Proposal follows a public consultation on the Commission’s White Paper on AI published in February 2020. The Commission simultaneously proposed a new Machinery Regulation, designed to ensure the safe integration of AI systems into machinery.
Continue Reading European Commission Publishes Proposal for Artificial Intelligence Act

The European Data Protection Board has adopted its Opinion on the draft UK adequacy decision issued by the European Commission on February 19, 2021. The EDPB’s Opinion is non-binding but will be persuasive. The adequacy decision will be formally adopted if it is approved by the EU Member States acting through the European Council. If the adequacy decision is adopted, transfers of personal data from the EU to the UK may continue without the implementation of a data transfer mechanism under the EU General Data Protection Regulation, such as Standard Contractual Clauses.
Continue Reading EDPB Adopts Opinion on Draft UK Adequacy Decision

The concept of regulatory sandboxes has gained traction in the data protection community. Since the UK Information Commissioner’s Office completed its pilot program of regulatory sandboxes in September 2020, two European Data Protection Authorities have created their own sandbox initiatives following the ICO’s framework.
Continue Reading Regulatory Sandboxes are Gaining Traction with European Data Protection Authorities

On February 19, 2021, the European Commission published a draft data protection adequacy decision relating to the UK. If the draft decision is adopted, organizations in the EU will be able to continue to transfer personal data to organizations in the UK without restriction, and will not need to rely upon data transfer mechanisms, such as the EU Standard Contractual Clauses, to ensure an adequate level of protection.
Continue Reading European Commission Publishes Draft UK Data Transfer Adequacy Determination