On May 16, 2022, the European Data Protection Board (‘EDPB’) published draft regulatory guidelines (‘draft guidance’) on the calculation of administrative fines for infringements of the EU General Data Protection Regulation (‘GDPR’). In the draft guidance, the EDPB sets out its methodology, consisting of five steps, for calculating administrative fines. The EDPB adopted these guidelines […]
Recent Updates in Two Closely-Watched Cybersecurity and Privacy-Related Securities Fraud Class Actions
Observers have been awaiting decisions in a number of cybersecurity and privacy securities fraud class actions with potentially important implications for corporate liability. Over the last several weeks, critical developments emerged in two such cases: the defendants’ motion to dismiss was granted in part and denied in part in In re Zoom Securities Litigation, and […]
White House Releases Recommendations to Protect Against Potential Cyberattacks
The potential for malicious cyber activity has been a concern for the Biden administration throughout the evolving crisis in Ukraine (including the imposition of sanctions against Russia). In response to the concern, the Biden administration, which is now facing “evolving intelligence that Russia may be exploring options for potential cyberattacks,” has released recommendations for companies […]
Italian Supervisory Authority imposes 20 million EUR fine on controller outside of Europe
The Italian Garante per la Protezione dei dati Personali (‘Italian SA’) published a decision of February 10, 2022 in which it imposes a 20 million EUR fine on a company outside of Europe for violation of the EU General Data Protection Regulation (‘GDPR’). Clearview AI is a U.S.-based company that provides search engine services involving […]
Belgian Data Protection Authority Fines Bank for DPO’s Conflicting Roles
In a decision of December 16, 2021, the Belgian Data Protection Authority (“DPA”) imposed a EUR 75,000 administrative fine on a bank located in Belgium for failure to comply with the requirement in Article 38.6 of the General Data Protection Regulation (“GDPR”) that the tasks and duties of the Data Protection Officer (“DPO”) must not […]