On January 4, 2023, the Irish Data Protection Commission (the “DPC”) announced it issued two decisions that have wide relevance for the adtech industry.  The decisions focus on the extent to which businesses can rely on the GDPR legal basis of ‘performance of a contract’ to justify delivering behavioural advertising to users without separately seeking their consent. 

Continue Reading Irish Data Protection Commission’s decisions regarding Facebook and Instagram

On December 13, 2022, the European Commission (“Commission”) formally launched the process to adopt an adequacy decision for the EU – U.S. Data Privacy Framework and proposed a draft adequacy decision concerning personal data transfers to the U.S. (available here).

Continue Reading The Draft Adequacy Decision on the EU-US Data Privacy Framework

On 24 November 2022, the UK government announced its adequacy decision for the Republic of Korea, which will allow UK organizations to share personal data with Korean organizations more freely under the UK General Data Protection Regulation (“UK GDPR”).

Continue Reading The United Kingdom and the Republic of Korea Finalize Data Sharing Agreement

The Information Commissioner’s Office (“ICO”) has opened a consultation on new draft guidance on monitoring at work (the “Draft Guidance”).  The Draft Guidance applies in both the private and public sectors in respect of any worker, a term which is used to include employees as well as non-employee workers, independent contractors and volunteers.
Continue Reading UK ICO Issues Draft Guidance on Monitoring at Work

Today, after over two years of detailed negotiations, President Joe Biden signed an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities (the “Order”)  outlining steps the U.S. will take to implement its commitments under the European Union-U.S. Data Privacy Framework, originally announced by President Biden and European Commission President Ursula von der Leyen in March of 2022 (as previously discussed here).[1]
Continue Reading President Biden Signs Executive Order on New EU-US Data Privacy Framework

Determined to maintain its position as a pioneer for consumer privacy rights, California is again among the first to take action to tackle issues of children’s safety and privacy online with the enactment of the California Age-Appropriate Design Code (the “Code”), which was signed into law by Governor Gavin Newsom on September 15, 2022.  Once effective on July 1, 2024, the Code would, among other things, prescribe rules that require  businesses to design their online products and services with children’s privacy in mind and identify and mitigate any risks of material detriment to children that arise from businesses’ online data practices.
Continue Reading California Refuses to “Kid Around” on Children’s Privacy With Enactment of the California Age Appropriate Design Code

On September 5, 2022, following the election of the new UK Prime Minister, the UK Government decided not to proceed with the second reading and other motions relating to the Data Protection and Digital Information Bill (the “Bill”), which was due to have taken place on the same day.  According to the Leader of the House of Commons, this Bill was pulled as “to allow Ministers to consider the legislation further”.
Continue Reading UK’s Data Protection and Digital Information Bill: An Uncertain Direction

The past few years have brought monumental changes to how we handle international data transfers from the EU. Schrems I, GDPR, Schrems II, Brexit and now the new Standard Contractual Clauses, published in June, 2021.

Here we share our views on improvements and challenges this modernised version of the SCCs has brought and how it