It has become common knowledge that the General Data Protection Regulation (2016/679) (GDPR) heavily restricts transfers of personal data outside of the European Union (EU). In the absence of an adequacy decision by the European Commission, the GDPR allows controllers and processors to transfer personal data to a third country outside of the EU only […]
GDPR
EU’s Highest Court Issues Major AI Decision With Wide-Reaching Impact
On 7 December 2023, the Court of Justice of the European Union (CJEU) issued an important decision on how the GDPR governs AI-assisted decisions. The case arose in the financial services context, with the court holding that the GDPR’s AI rules apply when banks use credit scores to make consumer credit decisions. But, the decision […]
International Data Transfers: European Commission Gives Green Light to EU-U.S. Data Privacy Framework
What Happened? On July 10, 2023, the European Commission (‘EC’) adopted its long-awaited adequacy decision approving the EU-U.S. Data Privacy Framework (‘DPF’). By doing so, the EC is confirming that personal data transferred to the U.S. under the DPF is adequately protected in line with the EU GDPR’s international data transfer rules. Transfers of personal […]
Joint Regulatory Guidance Aims to Help Companies Transfer Personal Data Across ASEAN and EU Member States
On May 23, 2023, the European Commission together with ASEAN (the Association of Southeast Asian Nations) published guidance that identifies commonalities and differences between the EU Standard Contractual Clauses for international data transfers (“SCCs”), and ASEAN’s Model Contractual Clauses (“MCCs”), to assist companies with their efforts to comply with data transfer rules in both regions […]
EU Supervisory Authorities Clarify Breach Notification Requirements
Background On April 4th, 2023, the European Data Protection Board (‘EDPB’), which is composed of representatives of the EU national supervisory authorities and the European Data Protection Supervisor (‘EDPS’), published an updated version of the Working Party 29 Guidelines on personal data breach notification under the EU General Data Protection Regulation (‘GDPR’). The EDPB had […]