On October 1, 2019, the Court of Justice of the European Union (CJEU) issued a decision outlining the requirements for a user to consent to a service provider’s use of cookies.[1],  The Court held that active consent is required, and thus requiring a user to deselect a pre-checked tracking cookie notice in order to disallow the use of cookies does not sufficiently constitute consent to the collection and use of data under EU law.
Continue Reading The Way the Cookie Crumbles: CJEU Clarifies European Data Protection Rules for the Use of Cookies

On October 3, 2019, the governments of the United Kingdom and United States signed the first-ever executive agreement governing cross-border data requests (the “Agreement”) pursuant to the US Clarifying Lawful Overseas Use of Data Act (“CLOUD Act”).[1]  As contemplated by the CLOUD Act, the Agreement provides a mechanism for the governments to access and share data stored abroad by electronic communications services providers (“CSP”) in their respective countries in a timely manner.  The Agreement will enter into effect following a 180 day Congressional review period required by the CLOUD Act and a similar review by the UK Parliament.   
Continue Reading United Kingdom and United States Governments Sign First-Ever CLOUD Act Agreement

On October 4, 2018, the Financial Markets Law Committee (“FMLC”) published a paper on the subject of “Data Protection: Issues of Legal Uncertainty Arising from the UK Data Protection Act 2018.”  Cleary Gottlieb contributed to this paper as a participant in the FMLC’s data protection working group.

The FMLC’s paper focuses on issues of legal