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EU Commission publishes Draft Adequacy Decision for South Korea

On 16 June 2021, the European Commission published the draft adequacy decision for South Korea and transmitted it to the European Data Protection Board (EDPB) for consultation. Thus, the Commission launched the formal procedure towards the adoption of the adequacy decision. In 2017, the Commission announced to prioritise discussions on possible adequacy decisions with important […]

EDPB adopts final Recommendation 01/2020 on Supplementary Measures for Data Transfers to Third Countries

On June 21st, 2021 during its 50th plenary session, the European Data Protection Board (EDPB) adopted a final version of its recommendations on the supplementary measures for data transfers. In its recent judgment C-311/18 (Schrems II) the Court of Justice of the European Union (CJEU) has decided that, while the Standard Contractual Clauses (SCCs) are […]

New SCCs published by the EU Commission for international data transfers

On June 4th 2021, the EU Commission adopted new standard contractual clauses (SCC) for international data transfers. The SCCs are model contracts that can constitute a suitable guarantee under Art. 46 of the General Data Protection Regulation (GDPR) for the transfer of personal data to third countries. Third countries are those outside the EU/European Economic […]

EDPS investigating EU institutions’ use of US cloud services

The European Data Protection Supervisor (“EDPS”) announced on May 27th, 2021, that it has opened an investigation into the use of Microsoft’s Azure and Amazon’s AWS by EU institutions and has begun an audit of the European Commission’s use of Microsoft Office 365. The EDPS is the EU.s data protection authority. The EDPS is the […]

Portuguese DPA Orders Suspension of U.S. Data Transfers by National Institute of Statistics

On April 27, 2021, the Portuguese Data Protection Authority “Comissão Nacional de Proteção de Dados” (CNPD) ordered the National Institute of Statistics (INE) to suspend any international data transfers of personal data to the U.S., as well as other countries without an adequate level of protection, within 12 hours. The INE collects different kinds of […]

GDPR fines and data breach reports increased in 2020

In 2020 a total of €158.5 million in fines were imposed, research by DLA Piper shows. This represents a 39% increase compared to the 20 months the GDPR was previously in force since May 25th, 2018. Since that date, a total of € 272.5 million in fines have been imposed across Europe under the General […]

EDPS considers Privacy Shield replacement unlikely for a while

The data transfer agreements between the EU and the USA, namely Safe Harbor and its successor Privacy Shield, have suffered a hard fate for years. Both have been declared invalid by the European Court of Justice (CJEU) in the course of proceedings initiated by Austrian lawyer and privacy activist Max Schrems against Facebook. In either […]

The Controversy around the Council of the European Union’s Declaration on End-to-End Encryption

In the course of November 2020, the Council of the European Union issued several draft versions of a joint declaration with the working title “Security through encryption and security despite encryption”. The drafts were initially intended only for internal purposes, but leaked and first published by the Austrian brodcasting network “Österreichischer Rundfunk” (“ORF”) in an […]

EDPB extends consultation period for suplementary measures drafts in 42nd Plenary Session

On November 19th, the European Data Protection Board (EDPB) met for its 42nd plenary session. During the session, the EDPB presented two new Standard Contractual Clauses (SCCs) drafts, which have been developed after the Schrems II decision to give more legal certainty to data transfers, as well as extended the public consultation period on transfer […]

Microsoft reacts on EDPB’s data transfer recommendations

Microsoft (“MS”) is among the first companies to react to the European Data Protection Board’s data transfer recommendations (please see our article), as the tech giant announced in a blog post on November 19th. MS calls these additional safeguards “Defending Your Data” and will immediately start implementing them in contracts with public sector and enterprise […]