Late last week, the Article 29 Working Party (“WP29”) issued detailed guidance on companies’ obligations under three key provisions of the General Data Protection Regulation (GDPR). This is part one of a three-part Alston & Bird series evaluating WP29’s positions, and relates to Data Protection Officer obligations under the GDPR. Part 2 deals with the Right to […]
Enforcement
EU Releases Amendments to Model Clause and Country-Whitelisting Decisions – with Good News for Companies
Most privacy professionals are familiar with the European Court of Justice’s 2015 Schrems decision, which struck down the US-EU Safe Harbor mechanism. One lesser-discussed aspect of the ECJ’s decision related to the powers of Data Protection Authorities (DPAs) within the EU’s Member States. In the Schrems proceedings, the Irish Data Protection Commission argued that it […]
German DPAs to Survey Transfers in 500 Companies – with English Translation of DPA Questionnaire
Late last week, 10 of Germany’s 17 Data Protection Authorities (DPAs) announced they are planning to send written questionnaires to approximately 500 different companies regarding international data transfers. The following provides a brief overview of the situation, as well as an English translation of the questionnaire, for companies who are potentially affected. This summary refers […]
D.C. Circuit Holds CFPB is Unconstitutionally Constructed; Removes For-Cause Removal Protection from CFPB Director
On Tuesday, October 11, 2016, the D.C. Circuit Court issued its opinion in PHH Corp. v. Consumer Financial Protection Bureau, holding that the Consumer Financial Protection Bureau (CFPB) was unconstitutionally structured. In the majority opinion, Judge Kavanaugh described the position of CFPB Director as, in terms of unilateral authority, “the single most powerful official in […]
Austrian Supreme Court Refers Schrems Consumer Class Action to ECJ
Just under a year ago today, the European Court of Justice (ECJ) issued its Schrems decision, which invalidated Safe Harbor and led to substantial developments in US-EU data-transfer mechanisms. In parallel to the ECJ Safe Harbor litigation, Mr. Schrems has maintained two further legal proceedings in the EU: (1) a challenge in the Irish courts […]