On May 16, 2022, the European Data Protection Board (‘EDPB’) published draft regulatory guidelines (‘draft guidance’) on the calculation of administrative fines for infringements of the EU General Data Protection Regulation (‘GDPR’). In the draft guidance, the EDPB sets out its methodology, consisting of five steps, for calculating administrative fines. The EDPB adopted these guidelines […]
GDPR
The GDPR Reaches the US Supreme Court in Cert Petition
The EU’s General Data Protection Regulation (GDPR) has been raised in a petition for certiorari before the US Supreme Court, apparently for the first time since the GDPR entered into application in 2018. A party in Vesuvius USA Corp. v. Phillips has filed a petition for certiorari in a GDPR-related discovery dispute. Of course, since […]
European Commission Adopts Draft UK Adequacy Decision
On February 19, 2021, the European Commission adopted a draft ‘adequacy decision’ in favor of the UK. The adoption of the draft adequacy decision marks the first step in ensuring the continued free flow of personal data from EEA countries to the UK under the EU GDPR. Once (and if) the final adequacy decision is […]
The EDPB-EDPS Joint Opinion on Data Processing Standard Contractual Clauses: Key Takeaways
When a controller engages a processor, the GDPR requires that the parties enter into a specific contract that contains certain mandatory provisions. This contract is often referred to as a ‘data processing agreement’ or ‘DPA’. To facilitate compliance with this requirement, the GDPR has provided the European Commission with the power to issue standard contractual […]
EDPB Emphasizes Joint Controllership between Social Media Providers and ‘Targeters’ in Draft Guidance
On September 7, 2020, the European Data Protection Board (‘EDPB’) published its draft guidelines on targeting of social media users (the ‘Guidelines’). The EDPB is accepting feedback from stakeholders on the Guidelines until October 19, 2020. The Guidelines not only provide guidance on the obligations of social media providers (‘Providers’) under the EU General Data […]