The European Data Protection Board (“EDPB”) has published draft guidelines on the concepts of controller and processor for public consultation. While its predecessor – the Article 29 Working Party – had issued guidance on the concepts of controller/processor (Opinion 1/2010, WP169) back in 2010, many practical concerns have been raised since the entry into force […]
EU Announces First Sanctions under EU Cyber Sanctions Regime
On July 30, 2020, the European Council announced sanctions against six individuals and three organizations for their involvement in a series of cyber-attacks that have caused significant damage in the EU and around the world over the last several years. The announcement follows the EU’s adoption last year of Decision (CFSP) 2019/797, which established the […]
SEC Creates Event and Emerging Risk Examination Team
Following OCIE’s recent and detailed risk alert regarding the threat of ransomware, the SEC today announced that it has created the Event and Emerging Risk Examination Team (EERT) as a part of the Office of Compliance Inspections and Examinations (OCIE). The EERT will engage with registrants regarding emerging threats and current market events, to provide […]
EDPB clarifies Brexit obligations for holders of Binding Corporate Rules which have the UK ICO as their lead authority
On July 22, 2020, the European Data Protection Board (‘EDPB’) released an information note on Binding Corporate Rules (‘BCRs’), which provides guidance for groups of undertakings/enterprises which have the UK ICO as their competent supervisory authority (‘BCR Lead SA’) [1]. Binding Corporate Rules are a means of legitimizing transfers of personal data outside of the […]
Geopolitical Implications of the European Court’s Schrems II Decision
On July 16, 2020, the Court of Justice of the European Union (CJEU) invalidated the EU-U.S. Privacy Shield, a principal legal method for the transfer of personal data from the EU to the United States. The CJEU ruling further cast doubt on the standard contractual clauses, the other means of effecting such international transfers. In […]