Implicit within Delaware law, and now explicit in the SEC Cyber Rules, is the concept of adequate governance. It is not what the FTC just said on a particular topic, the latest guidance from a Data Protection Authority, what the NIST framework provides, or a set of controls in any particular subject area regarding privacy

Continue Reading US: Understanding Governance–A Path for Privacy and Security Governance

The arrival of NIS2 is only one year away. With significantly enhanced requirements around cybersecurity management extending across the supply chain, increased reporting obligations in the case of cyber breach, and personal liability for senior management, working out whether or not an organisation will be in scope for NIS2 will be an important question, instigating

Continue Reading EU: The NIS2 Enigma: who will be caught by the EU’s updated cyber requirements?

UK Extension

Following the European Commission’s adequacy decision for the EU-US Data Privacy Framework (DPF) (for further information see here), the UK Government has announced that from 12 October 2023, organisations in the UK can transfer personal data to US organisations certified to the “UK Extension to the EU-US Data Privacy Framework

Continue Reading UK: EU-UK Data Privacy Framework Extension

CJEU’s landmark decision in Meta vs Bundeskartellamt allows GDPR scrutiny through antitrust regulators and imposes strict limitations on the personalised use of consumers’ personal data by social media platforms

By Verena Grentzenberg, Philipp Schmechel, Dr. Jonas Kranz

On 4 July 2023, the European Court of Justice (“CJEU”) delivered its judgment in Meta vs

Continue Reading EU: CJEU’s landmark decision in Meta vs Bundeskartellamt

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