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Wim Nauwelaerts

Belgian Supreme Court rules that Data Protection Authority may impose administrative fines even where a data subject’s personal data were not processed

November 2, 2021 By Yung Shin Van Der Sype, Paul Greaves and Wim Nauwelaerts

The Belgian Supreme Court ruled in a judgment of Oct. 7, 2021 that a data subject has the right to lodge a complaint with the Data Protection Authority against a processing practice that violates the GDPR (in this case, the data minimization principle in Article 6 of the GDPR), even where the data subject’s personal […]

Filed Under: Belgium, Data Protection, Enforcement, GDPR, International, Privacy Tagged With: Belgium, Data Protection

September 27 Deadline Looming for EU Standard Contractual Clauses

September 15, 2021 By Wim Nauwelaerts

On June 4th, the European Commission issued modernized Standard Contractual Clauses (SCCs) under the EU General Data Protection Regulation (GDPR) for data transfers from controllers or processors in the EU/EEA (or otherwise subject to the EU GDPR) to controllers or processors outside the EU/EEA (and not subject to the EU GDPR). The modernized SCCs will […]

Filed Under: Data Protection, Data Security, ePrivacy, GDPR, Privacy, Standard Contractual Clauses Tagged With: Data Transfer, General Data Protection Regulation (GDPR), Standard Contractual Clauses (SCC)

EDPB reports on EU Data Protection Authorities’ resources and enforcement actions

August 23, 2021 By Yung Shin Van Der Sype and Wim Nauwelaerts

Earlier this month, the European Data Protection Board (EDPB) published a report on the resources that the EU Member States make available to their Data Protection Authorities (DPA) and on the enforcement actions initiated by those DPAs. Resources made available by the EU Member States to the DPAs The EDPB report releases statistics on both […]

Filed Under: Data Protection, Enforcement, International

Swiss Data Protection Regulator Is Latest to Outline Framework for Transferring Data to the SEC

August 17, 2021 By Daniel Felz, Kate Hanniford and Wim Nauwelaerts

Entities registered with the U.S. Securities & Exchange Commission (SEC) must maintain certain books and records and can be subject to the SEC’s examination, inspection, and enforcement authority. Responding to SEC requests can require cross-border transfers of personal data, and this has historically risked non-compliance under foreign data protection law. The SEC has been proactive […]

Filed Under: Data Protection, Financial Privacy, International, Privacy, Regulation Tagged With: Cross-border, EU Data Protection, International Data Transfers, Regulatory Enforcement, Securities and Exchange Commission

EDPB publishes Guidelines on the Concepts of Controller and Processor in the GDPR

July 21, 2021 By Yung Shin Van Der Sype, Paul Greaves and Wim Nauwelaerts

On July 7th, the European Data Protection Board (“EDPB”) adopted its finalized guidelines on the concepts of controller and processor in the General Data Protection Regulation (“GDPR”). While the EDPB’s 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 […]

Filed Under: Data Protection, Privacy, Regulation Tagged With: EU Data Protection, EU Privacy, EU Regulation, European Union (EU)

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