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Wim Nauwelaerts

Schrems 2.0: CJEU invalidates EU-US Privacy Shield and emphasizes exporter obligations when using Standard Contractual Clauses

July 16, 2020 By Paul Greaves and Wim Nauwelaerts

Executive Summary Today, the Court of Justice of the European Union (‘CJEU’) handed down its long-awaited judgment in the ‘Schrems 2.0’ case (Facebook Ireland and Schrems (Case C-311/18)), about the validity of two means of legitimizing transfers of personal data outside the EEA under the EU General Data Protection Regulation (‘GDPR’)[1]. In somewhat of a […]

Filed Under: China, Data Protection, Data Security, FTC, International, Legislation, National Security, Online Privacy, Privacy, Privacy Shield Tagged With: EU Data Protection, EU Regulation, European Court of Justice, European Union (EU), Federal Trade Commission (FTC), GDPR, International Data Transfers, Max Schrems Decision, Regulatory Enforcement

UK ICO publishes the final version of its Age Appropriate Design Code

February 6, 2020 By Paul Greaves and Wim Nauwelaerts

On January 21, 2020, the UK ICO published the final version of its Age Appropriate Design Code (the “Design Code”), which sets out 15 standards that online services should meet to protect children’s privacy. The Design Code is not only applicable to online services squarely aimed at children, but also covers online services likely to […]

Filed Under: Behavioral Advertising, Children's Privacy, Data Protection, ePrivacy, GDPR, Online Privacy Tagged With: Behavioral Tracking, Big Data, Children, EU Data Protection, EU Privacy, GDPR, ICO, Social Media, UK

French CNIL Launches Public Consultation on Cookie Consent Recommendations

January 17, 2020 By Paul Greaves and Wim Nauwelaerts

On January 14, 2020, the French data protection authority (CNIL) launched a public consultation on its draft recommendations for the collection of consent in the context of cookies and other tracking technologies (the ‘draft Recommendations’). Under EU ePrivacy rules, such technologies generally may not be placed on – or accessed from – users’ devices without […]

Filed Under: Data Protection, ePrivacy, GDPR, Mobile Privacy, Online Privacy Tagged With: Behavioral Tracking, CNIL, Consent, Cookies, ePrivacy, EU Data Protection, EU Privacy, EU Regulation, French, GDPR

Schrems 2.0: Standard Contractual Clauses Declared Valid by EU Advocate General

December 19, 2019 By Wim Nauwelaerts and Privacy, Cyber & Data Strategy Team

  The Advocate General’s Opinion of December 19, 2019 deemed valid the Standard Contractual Clauses (SCCs) adopted by the European Commission for the transfer of personal data from controllers to processors. Currently, many companies rely on SCCs as a mechanism for transferring personal data from the EU to non-EU countries in compliance with the GDPR. […]

Filed Under: Data Protection, International, Privacy Tagged With: Cross-border, EU Data Protection, EU Privacy, European Court of Justice, European Union (EU), GDPR, International Data Transfers, Max Schrems Decision

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