Late last week, the Article 29 Working Party (“WP29”) issued detailed guidance on companies’ obligations under three key provisions of the General Data Protection Regulation (“GDPR”). This is part two of a three-part Alston & Bird series evaluating WP29’s positions, and relates to the Right of Data Portability for data subjects and its obligations for data controllers. Part 1 deals […]
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France adopts new regime for privacy class actions
A few weeks ago, France passed the Digital Republic Act which significantly enhances French citizens’ rights to privacy by offering new avenues to exercise rights and granting new powers to the French data protection authority. A recent amendment to the Data Protection Act, adopted November 18, 2016, goes a mile farther and introduces a new […]
The French Digital Republic Act: the New Powers of the French Data Protection Authority and Enhanced Rights of Individuals
On October 7, the French Digital Republic Act (the “Act”) was adopted following a widely-publicized consultation process. The Act amends the French Data Protection Act, and also modifies French law in various domains, including consumer protection, electronic payment services, medical research, and intellectual property. The Act constitutes a first step in the implementation of the […]
ECJ Declares IP Addresses are Personal Data
Today, the European Court of Justice (ECJ) issued its long-awaited decision in Breyer v. Germany. Breyer addresses the question of whether IP addresses are “personal data” for purposes of EU data protection law. As is widely known, personal data is any information that would permit a particular individual to be identified, whether directly or in […]
German DPA Publishes First Privacy Shield Guidelines, Requires German-Law Contracts for Transfers
On June 7, 2016, the European Commission adopted the US-EU Privacy Shield. Companies that self-certify under Privacy Shield with the US Department of Commerce – dubbed “Privacy Shield organizations” – are thus officially recognized by the EU as providing an adequate level of protection for data transferred from the EU. As a result, Privacy Shield […]