Sweeping Amendments to NYDFS Cybersecurity Regulation

On November 1, 2023, the New York Department of Financial Services (NYDFS) announced extensive amendments to its cybersecurity requirements for financial institutions issued under 23 NYCRR Part 500.  The amendments are intended to address the evolution in the cybersecurity landscape since the regulation was first enacted in 2017, including

Continue Reading US: Regulators Enhance Information Security Requirements for Financial Services Companies

On 7 March 2024, the Court of Justice of the European Union (CJEU) issued its judgment in the Endemol Shine case (C-740/22), holding that the concept of ‘processing’ under the GDPR includes the oral disclosure of personal data.

In its judgment, the CJEU not only provided clarity on the definition of “processing”

Continue Reading EU: CJEU confirms oral disclosures are considered ‘processing’ under the GDPR

In the evolving legal landscape of data protection, several decisions by data protection regulators and courts across the EU and UK underscore the importance of proactive GDPR compliance from a contractual perspective. These issues are being scrutinised more closely in corporate due diligence transactions and by regulators in the event of a data breach or

Continue Reading EU and UK: The importance of data processing agreements

In good news, on 22 March 2024, the Cyberspace Administration of China (“CAC”) finalised long-awaited guidelines setting out exemptions to some of the more challenging cross-border data transfer (“CBDT”) compliance requirements (“Guidelines”). As well the exemptions, there are updated filing templates for those still falling outside the exemptions; and

Continue Reading CHINA: Cross Border Data Transfer Requirements – exemptions now available

On 11 March 2024, following an investigation, the European Data Protection Supervisor (EDPS) announced that the European Commission’s (Commission) use of a major software company infringes the data protection law for EU institutions, bodies, offices and agencies (Regulation (EU) 2018/1725). In particular, the EDPS found that the Commission had

Continue Reading Europe: EDPS finds that the European Commission has infringed data protection rules

Following the threat of significantly larger penalties since 2018 (the enhanced fines under the General Data Protection Regulation as compared to the legislation that went before), companies have asked us time and time again, “what is my financial risk for data protection non-compliance in the UK?”

The publication of the Information Commissioner Office’s new fining

Continue Reading UK: How much will I get fined if I don’t comply?

Introduction

Identifiability; what can amount to personal data; and joint controllership are some of the issues addressed by the Court of Justice of the European Union (CJEU) in its recent judgment in the IAB Europe case (C-604/22). This case concerned the use of personal data for online advertising purposes and the use

Continue Reading CJEU ruling clarifies data protection and e-privacy issues in the ad-tech space

The ICO has issued an enforcement notice which provides valuable insights into its approach to the use of biometrics in the workplace, and the lawfulness of employee monitoring activities more broadly.

On 23 February 2024, the Information Commissioner’s Office (“ICO”) ordered Serco Leisure Operating Limited (“Serco”), an operator of leisure facilities, to stop using facial

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Overview

On February 21, 2024, the California Attorney General (CA AG) announced that it had reached a settlement with DoorDash over allegations that the company failed to comply with “sale” requirements under the California Consumer Privacy Act (CCPA) and disclosure requirements under the California Online Privacy Protection Act (CalOPPA). The settlement requires DoorDash to pay

Continue Reading California Attorney General Settles with DoorDash over Alleged Sale of Personal Information

On January 16, 2023, the New Jersey Governor signed into law Senate Bill 332 (the “Act”) making New Jersey the 14th state to adopt a comprehensive state privacy law. The Act will take effect on January 15th, 2025, and requires the Division of Consumer Affairs to issue rules and regulations to effectuate

Continue Reading US: New Jersey Enacts Comprehensive State Privacy Law

Background

March 2023 saw the launch of the European Data Protection Board’s (EDPB’s) second coordinated enforcement action (CEF 2023), which focused on the designation and position of Data Protection Officers (DPOs). Data Protection Authorities (DPAs) across the EEA have launched coordinated investigations into this topic. In particular

Continue Reading Europe: EDPB coordinated enforcement action identifies areas of improvement to promote the role and recognition of DPOs

2023 was a busy year for the Court of Justice of the European Union (CJEU), with the issuance of a number of far-reaching judgments on the interpretation and application of the GDPR.

In December 2023, the CJEU delivered two important decisions which supplement a growing body of jurisprudence on the issuance of administrative fines and

Continue Reading CJEU Insight