709 Publications

What is changing in each member's jurisdiction — enforcement, case law, new obligations.

709 articles

Schrems II resolved? Unpacking the EU-US Trans-Atlantic Data Privacy Framework

The United States and the European Commission have agreed in principle to a new Trans-Atlantic Data Privacy Framework (the ‘Framework’) to foster EU-US data flows and address the concerns raised by the Court of Justice of the European Union (‘CJEU’) in the now infamous Schrems II decision. This is highly welcomed by businesses on both sides of the Atlantic, with continued data flows between the two regions underpinning €900 billion in cross-border commerce each year.

11 May 2022

International transfers

Important concepts in cross-border transfer of data from China

The Data Security Law (“DSL”) and Personal Information Protection Law (“PIPL”) of mainland China, which came into force last year, play an important role in regulating data privacy in mainland China, alongside the existing Cybersecurity Law (“CSL”). These three laws contain important rules that companies need to pay attention to and follow when dealing with data collected, used or transferred, in particular when the transfer is from mainland China to other jurisdictions. This article focuses on the latter.

9 May 2022

First European Code of Conduct for the pharma industry approved

A Code of Conduct regulating the processing of personal data in the field of clinical trials and other clinical research and pharmacovigilance has been approved. The code of conduct, promoted by Farmaindustria in Spain, regulates how the promoters of clinical studies with medicines and the CROs that decide to adhere thereto must apply the data protection regulations. Data controllers and data processors that adhere to the code of conduct are obliged to comply with its provisions.

6 May 2022

International transfersLitigation

CNIL orders 3 websites to stop using Google Analytics

The French supervisory authority has adopted 3 formal notices against famous French websites requiring them to stop using Google Analytics because of unlawful data transfers to the United States.

4 May 2022

Marketing & cookies

The Polish DPA rules about the right to access the personal data contained in trackers

The Polish DPA (the President of the Personal Data Protection Office, further as "the Polish DPA") has reprimanded a webiste operator for infringing article 6(1), article 15 (1) and article 15 (3) GDPR. The Polish DPA also ordered the webiste operator to erase data subject’s IP adress and artificially attributed cookie id.

2 May 2022

INPLP internal

INPLP Activity Report 2021 published

The past year was immensely impactful for the INPLP and characterized by strong collaboration, hard work, continued growth of the network, and finally another physical conference in Vienna. Striving for ambitious expansion while strengthening international relations was our key objective.

20 April 2022

Marketing & cookiesLegislation

The Telecommunication Telemedia Data Protection Act – a new “cookie law” for Germany

On 1 December 2021, the Telecommunication Telemedia Data Protection Act (“TTDSG”) came into effect. Amongst others, it was meant to clear up long-standing ambiguities in relation to the implementation of the EU ePrivacy Directive in Germany, particularly regarding cookies and similar technologies. However, the TTDSG itself now raises a number of questions.

12 April 2022

INPLP internal

A new member has joined the INPLP: Rob Corbet (Ireland)

Rob Corbet is a Partner and Head of Technology & Innovation at Arthur Cox. He leads a market leading team dedicated to specialist data protection, IT and Intellectual Property law. He acts for man…

7 April 2022

Litigation

Dutch GDPR class action against Oracle and Salesforce declared inadmissible

The first major GDPR class action under the Dutch Act on Mass Damages Settlement in Class Actions (WAMCA) has been declared inadmissible before a substantive assessment could take place.

18 March 2022

Cloud & vendorsLegislation

Representation of data processors under the new Swiss Data Protection Act (FADP)

Switzerland has made an effort to renew its Federal Act on Data Protection (revFADP) in order to modernise its data protection law and to comply with the European General Data Protection Regulation (GDPR). With the entry into forc of the new Federal Act on Data Protection (revFADP), companies that are not residing in Switzerland must name a representative in Switzerland if certain requirements are met. What these requirements are will be elaborated in the following article.

16 March 2022

AI & automation

Clearview AI: Alignment in Global Enforcement Approach

Investigations into US facial recognition firm Clearview AI by Canadian regulators and UK/Australia yeilded similar findings notwithstanding significant distinctions in legal regimes. Global enforcement cooperation may be viable even without global consenus on the legal framework for privacy regulation.

14 March 2022

Litigation

Bulgarian Supreme Administrative Court with Decision on Processing Data for Journalistic Purposes

Bulgarian Supreme Administrative Court issued a decision setting out criteria relevant for assessing the balance between the right to freedom of expression and information and the right to the protection of personal data.

11 March 2022

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