If you can remember as far back as December 2021, we published a blog post announcing that the European Data Protection Board (EDPB) published draft guidelines on the interplay between the territorial scope of the GDPR and the international transfer requirements. Following what must have been an extensive consultation, we are pleased to report that those guidelines were finally finalised on 14 February 2023 (here) and, are even more pleased to report that they contain some very useful illustrations to help you make sense of the concept of international data transfers.
EU and UK privacy and data predictions for 2023
2022 was another busy year in privacy and data protection. We have seen major new developments at both the EU and the UK level, in terms of new legislation taking effect, changes to the data transfer regime, analytics cookies coming under regulatory spotlight from various EU data protection authorities, and substantial fines issued for breaches of data protection law.
Regulations surrounding privacy and data continue to develop at a rapid pace. Emerging technologies have changed the manner in which personal data is collected and used. These technologies and developments present new challenges for companies and consumers alike. As a result, 2023 could be an exciting and a busy year for privacy and data.
We asked some of our Tech & Data team members in the field to get their opinions on what is likely to happen in privacy and data in 2023:…
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What happens when AI goes wrong? The proposed EU AI Liability Directive
On 28 September 2022, the European Commission published the proposed AI Liability Directive. The Directive joins the Artificial Intelligence (AI) Act (which we wrote about here) as the latest addition to the EU’s AI focused legislation. Whilst the AI Act proposes rules that seek to reduce risks to safety, the liability rules will apply where such a risk materialises and damage occurs.
In a European enterprise survey, 33% of companies considering adopting AI quoted ‘liability for potential damages’ as a major external challenge. The proposed Directive hopes to tackle this challenge by establishing EU-wide rules to ensure consumers obtain the same level of protection as they would if they issued a claim for damages from using any other product.…
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New automated data transfer tool launched
Reed Smith announced the launch of DaTA Transfer Pathway, an innovative new automated data transfer tool designed to assist organisations comply with recent changes in EU case law and EU data protection guidelines.
Stemming from the Court of Justice of the European Union’s (CJEU) Schrems II decision relating to EU-US data transfers and in light…
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Catch up on our Tech Law Talks podcast series for practical observations on technology and data legal trends, from product and technology development to operational and compliance issues that practitioners encounter every day.
What’s new in data protection in the EU
It has been a busy few weeks in the EU for all things data protection, particularly data transfers. Cynthia O’Donoghue and Andy Splittgerber walk us through the new Standard Contractual Clauses (SCCs) for international transfers and for controllers to processors, the newly issued EDPB Supplementary Measures Recommendations, and the UK adequacy decision. (18 mins)
M365 in 5: Compliance and governance in M365
E-Discovery consultant Lighthouse returns to our M365 in 5 series for a discussion about the importance of compliance and governance in M365 and collaboration among stakeholders to balance risk and business needs. Reed Smith’s Anthony Diana and Therese Craparo join Lighthouse’s John Holliday to discuss implementing controls and managing data to mitigate risk. (8 mins)…
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UK adequacy decision for European data transfers
On the 28th June 2021, the European Commission (Commission) adopted two adequacy decisions for the UK; one covering the GDPR and the other the Law Enforcement Directive (LED). Such decisions demonstrate that the Commission believes the UK ensures an ‘essentially equivalent’ level of protection to that within the EU. The implication of these decisions is that personal data can now flow freely from the EU to the UK, effective immediately.
On the 19th February, the Commission published two draft adequacy decisions and launched the procedure for their adoption, which we previously wrote about here. Since then, the Commission has carefully assessed the UK’s laws and practices on personal data protection, including access to data by public authorities in the UK. The European Data Protection Board gave its opinion on the draft decisions in support of the Commission’s findings, which we also blogged about here, before finally receiving the ‘green light’ from the EU Member states’ representatives.
The Commission’s 93-page GDPR decision assesses the legal framework for the UK in detail even referencing laws such as the Magna Carta and Bill of Rights, and states ‘As the UK GDPR is based on EU legislation, the data protection rules in the United Kingdom in many aspects closely mirror the corresponding rules applicable within the European Union.’ They conclude that ‘the Commission considers that the UK GDPR and the DPA 2018 ensure a level of protection for personal data transferred from the European Union that is essentially equivalent to the one guaranteed by Regulation (EU) 2016/679.’…
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Three years on from the implementation of the EU GDPR – Reed Smith tools and solutions to help with compliance
The EU General Data Protection Regulation (GDPR) came into effect on 25 May 2018. It became one of the leading pieces of legislation in the world to offer the highest levels of protection to the personal data of individuals. Many countries followed suit to raise the bar in how organisations handle personal data. The trend…
European Commission urged to produce clear guidelines on data transfers with the U.S.
In its Schrems II decision (which we reported on here) the Court of Justice of the European Union (CJEU) found that the Privacy Shield framework, which had been used to facilitate data transfers from the EU to the US, did not adequately protect the personal data of EU users. The use of standard contractual…
DPC’s authority to inquire into the EU-U.S. data transfers confirmed by the Irish High Court
On 14th May 2021, the Irish High Court (High Court) dismissed a legal challenge brought against the Irish Data Protection Commission (DPC) concerning its inquiry and a preliminary draft decision to suspend the EU-U.S. data transfers of personal data of an applicant organisation.
These proceedings follow on from Schrems II decision of the Court of Justice of the European Union (CJEU) in July 2020, which upheld the use of Standard Contractual Clauses (SCCs’) for data transfers to third countries. The decision clarified the obligation of the controllers and processors to evaluate their ability to comply with the SCCs in the light of local laws applicable to them before relying on the SCCs and to take supplementary measures to eliminate any risk of non-compliance.
The DPC initiated its ‘own-volition’ inquiry into the applicant organisation’s EU-U.S. data transfers and adopted the preliminary draft decision, suspending personal data flows to the US due to lack of adequate level of protection for personal data transferred to the US and failure to implement supplementary measures by the applicant organisation. The DPC allocated a period of 21-days to the applicant organisation to make submissions to the DPC measures it plans to take to make data transfers possible. The applicant organisation filed judicial review proceedings on a number of grounds. The court rejected the submission by the DPC that the PDD and its procedures were not amenable to judicial review and reviewed each of the grounds that were raised.
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Catch up on our Tech Law Talks podcast series for practical observations on technology and data legal trends. We cover product and technology development to operational and compliance issues that technology practitioners encounter every day.
On this channel, we host regular discussions about the legal and business issues around data protection, privacy and security; data…