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

On February 5, 2020, the Centre for Information Policy Leadership at Hunton Andrews Kurth submitted a response to the European Commission’s public consultation on the Commission’s Proposal for a Regulation on European Data Governance. This proposal is the first set of initiatives announced under the broader European Data Strategy.
Continue Reading CIPL Submits Response to European Commission’s Proposal for a Regulation on European Data Governance

On January 27, 2021, the French Data Protection Authority announced that it imposed a fine of 150,000 Euros on a data controller, and a fine of 75,000 Euros on its data processor, for failure to implement adequate security measures to protect customers’ personal data against credential stuffing attacks on the website of the data controller. The CNIL decided not to make its decisions public, thereby not disclosing the name of the companies sanctioned.
Continue Reading CNIL Fines a Data Controller and Its Processor 225,000 Euros for Security Violation in Connection with Credential Stuffing

On January 19, 2021, the UK Information Commissioner’s Office published its analysis of the application of the UK General Data Protection Regulation to transfers from UK-based firms or branches that are registered, required to be registered or otherwise regulated by the U.S. Securities and Exchange Commission.
Continue Reading ICO Confirms UK Firms May Rely on Public Interest Derogation for SEC Transfers

The recent UK case of Soriano v Forensic News and Others tested the territorial reach of the General Data Protection Regulation and represents the first UK judgment dealing with the territorial scope of the GDPR. This was a “service out” case, where the claimant, Walter T. Soriano, sought the Court’s permission under the UK Civil Procedure Rules to serve proceedings on the defendants, who were all domiciled in the U.S.
Continue Reading UK Case Tests the Territorial Application of the GDPR to U.S. Run Website

On January 18, 2021, the European Data Protection Board released draft Guidelines 01/2021 on Examples regarding Data Breach Notification. The Guidelines aim to assist data controllers in deciding how to handle data breaches, including by identifying the factors that they must take into account when conducting risk assessments to determine whether a breach must be reported to relevant supervisory authorities and/or the affected data subjects.
Continue Reading EDPB Publishes Guidelines on Examples regarding Data Breach Notification

On January 15, 2020, the European Data Protection Board and European Data Protection Supervisor adopted joint opinions on the draft Standard Contractual Clauses released by the European Commission in November 2020, both for international transfers and for controller-processor relationships within the EEA.
Continue Reading EDPB and EDPS Adopt Joint Opinions on Draft SCCs

The Federal Trade Commission issued a call for presentations on consumer privacy and data security research for its sixth annual PrivacyCon, which is to be held on July 27, 2021. The call for presentations asks for empirical research and demonstrations, including economic analyses, with implications for privacy and data security policy and law.
Continue Reading FTC Issues Call for Presentations for PrivacyCon 2021

On December 24, 2020, the European Union and the United Kingdom reached an agreement in principle on the historic EU-UK Trade and Cooperation Agreement. For data protection purposes, there is a further transition period of up to six months to enable the European Commission to complete its adequacy assessment of the UK’s data protection laws. For the time being, personal data can continue to be exported from the EU to the UK without implementing additional safeguards.
Continue Reading EU-UK Trade Deal: What It Means For Post-Brexit Data Flows