Authors: Jim Sullivan, Rachel De Souza, Heidi Waem, John Magee and David Brazil

On 10 July 2023, the European Commission adopted its long-awaited adequacy decision for the EU-US Data Privacy Framework (DPF). The DPF replaces the Privacy Shield Framework (Privacy Shield) which was invalidated by the Schrems II decision of

Continue Reading European Commission adopts new adequacy decision for EU-US data flows

Global flows of personal data have been a source of geopolitical concern for many years now. The Court of Justice of the European Union’s “Schrems II” judgement has revived the debate and organisations around the world now have to map personal data flows and conduct transfer impact assessments, while patiently awaiting the developments around the

Continue Reading EU: International data transfer rules for non-personal data

With the Cyberspace Administration of China’s (“CAC”) release last week of the Guidelines for Filing of Standard Contracts for Cross-border transfers of Personal Information (“Guidelines”), organisations processing Mainland China personal data must now turn their attention to the China Standard Contractual Clauses (“China SCCs”) route for legitimizing their cross-border

Continue Reading CHINA: China SCCs filing procedure now published – more preparation work must be done, and filings will be scrutinized

Decision could imperil other companies’ transatlantic transfers as well

By: John Magee, Andrew Dyson, James Sullivan, Andrew Serwin, Claire O’Brien & Rachel De Souza

The Irish Data Protection Commission (DPC) has published a decision that could impact the ability of thousands of companies to move personal data from the European Economic Area (
Continue Reading Ireland/EU: Irish DPC bans Meta’s EU-US data flows and issues record €1.2bn fine

On 26th April, the General Court of the European Union (EGC), published its judgment in Case T-557/20, Single Resolution Board (SRB) v European Data Protection Supervisor (EDPS), in relation to the threshold between pseudonymous and anonymous data.

The EGC held that pseudonymised data transmitted to a data
Continue Reading Europe: EU General Court Clarifies When Pseudonymized Data is Considered Personal Data

On 4 May 2023, European Court of Justice (“CJEU”) delivered its judgment regarding the interpretation of Article 82 of the General Data Protection Regulation (“GDPR”). The CJEU held that mere infringement of the GDPR does not give rise to a right to compensation. However, there is no requirement for the non-material
Continue Reading Europe: CJEU holds that mere infringement of the GDPR does not give rise to a right to compensation

Authors: Verena Grentzenberg and Katja-Maria Harsdorf

On 20 April 2023, the Advocate General (“AG”), Nicholas Emiliou, published his Opinion in the case of FT v DW, (C-307/22). In particular, the AG took the view that Art. 12(5) and Art. 15(3) GDPR must be interpreted as requiring a data controller to provide the
Continue Reading Europe: Advocate General delivers Opinion on the right of access for purposes unrelated to data protection

Authors: Coran Darling and Rachel De Souza

On 29 March 2023, the UK Government (“Government”) published its long-awaited white paper (“Paper”), setting out the Government’s proposals to govern and regulate artificial Intelligence (“AI”). Headed “A Pro-Innovation Approach”, the Paper recognises the importance of building a framework that
Continue Reading UK: Information Commissioner publishes response to new AI White Paper

By John Magee, Emer McEntaggart, Eilis McDonald, Nicole Fitzpatrick, Sarah Dunne, David Brazil & Christopher Connell

The Data Protection Commission (DPC) has published its 2022 Annual Report, highlighting the DPC’s progress on (i) ongoing large-scale inquiries (in particular against social media platforms), (ii) defence of cross-border decisions, and (iii) increased interaction with
Continue Reading Ireland: DPC Produces “Significant Outputs” for 2022 Concluding 17 Large Scale Inquiries

Authors: Alex Moore (Associate, Auckland) and Nick Valentine (Partner, Auckland) 

On 30 March 2023, the Digital Identity Services Trust Framework Bill (the Bill) passed its third and final reading in New Zealand’s House of Representatives, with cross-party support. The Digital Identify Services Trust Framework Act will come into effect on 1 July 2024 (at the
Continue Reading New Zealand: Digital Identity Services Trust Framework Bill passes final reading