When a controller engages a processor, the GDPR requires that the parties enter into a specific contract that contains certain mandatory provisions. This contract is often referred to as a ‘data processing agreement’ or ‘DPA’. To facilitate compliance with this requirement, the GDPR has provided the European Commission with the power to issue standard contractual […]
Brexit Trade Agreement Provides a Temporary Solution for Companies Transferring Personal Data from the EEA to the UK
On December 24, 2020, the EU and the UK reached an agreement on the terms of their future cooperation following the end of the Brexit Transition Period (i.e., following 31 December 2020). The EU-UK Trade and Cooperation Agreement (the ‘Agreement’) contains a temporary solution for companies transferring personal data from the EEA to the UK, […]
UK ICO Publishes New Data Sharing Code
On December 17, 2020, the UK Information Commissioner’s Office (‘ICO’) published its Data Sharing Code of Practice (the ‘Code’) following a public consultation which commenced in 2019. The Code focuses mainly on data sharing among data controllers who are subject to the GDPR and the UK Data Protection Act (‘DPA’) 2018. Data controllers falling within […]
French data protection regulator fines Google and Amazon for non-compliance with EU cookie rules
On 7 December 2020, the French supervisory authority CNIL (Commission nationale de l’informatique et des libertés, French data protection authority) imposed substantive fines on Amazon and Google for allegedly placing advertising cookies on the computers of users in France without prior consent or providing adequate information. Amazon Europe Core was fined 35 million euros, and […]
European Commission Publishes Draft ‘Article 28’ Standard Contractual Clauses
In addition to issuing new (draft) standard contractual clauses for transferring personal data outside of the EEA, on November 12, the European Commission published a draft decision on standard contractual clauses between controllers and processors (‘Clauses’) for the matters referred to in Article 28(3) and (4) of Regulation (EU) 2016/679 (“GDPR”). Article 28(3) and (4) […]