On November 18, the European Data Protection Board (“EDPB”) released draft guidelines on the interplay between Article 3 GDPR – which sets out the GDPR’s territorial scope – and the provisions in Chapter V of the GDPR, which impose restrictions on international data transfers. In this draft guidance, the EDPB clarifies which (cumulative) criteria must […]
Belgian Supreme Court rules that Data Protection Authority may impose administrative fines even where a data subject’s personal data were not processed
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 […]
September 27 Deadline Looming for EU Standard Contractual Clauses
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 […]
EDPB reports on EU Data Protection Authorities’ resources and enforcement actions
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 […]
Swiss Data Protection Regulator Is Latest to Outline Framework for Transferring Data to the SEC
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 […]