General Data Protection Regulation (GDPR)

On June 4, 2021, the European Commission adopted an updated and long-awaited set of standard contractual clauses (SCCs) for the international transfer of personal data. The previous SCCs were created prior to the implementation of the EU General Data Protection Regulation (GDPR) and required substantive revisions to bring them in line with the GDPR and the Court of Justice of the European Union’s July 2020 Schrems II decision (previously covered here).
Continue Reading  The European Commission’s Adoption of New SCCs

On July 16, 2020, the European Court of Justice (Court) ruled in the “Schrems II” case that the one of the most commonly used cross border data transfer mechanisms between the European Union (EU) and the United States (US), the EU-US Privacy Shield Framework (Privacy Shield), has been invalidated. The Court reasoned that when transferring

The successful management of COVID-19 relies on the quick analysis and collection of health data, which can raise privacy issues particularly in the European Union.  In order to help data controllers manage their COVID-19 response plans under the General Data Protection Regulation (GDPR) and other EU privacy laws, the European Data Protection Board (EDPB) released a statement discussing how governments and companies can process personal data in response to COVID-19.
Continue Reading  EDPB Clarifies Privacy Rules for COVID-19

In this podcast, Ballard Spahr consumer financial services partner Chris Willis talks with Scott Ferris, CEO of Attunely, a provider of machine learning (ML) and artificial intelligence (AI) technology to the debt collection industry.  The podcast addresses how changes in consumer behavior have impacted collections, technology’s role in collections,  how ML/AI can improve profitability,

The perplexing question of what U.S. companies must do to comply with EU “cookie” law became slightly more clear with the recent decision of the European Court of Justice (CJEU) in Planet49 GmbH, but numerous questions still remain. A main source of confusion about cookies is the interplay between two EU privacy laws, the

The Denmark Data Protection Authority (DPA) ruled on April 11, 2019 that affirmative consent is required when companies record customer telephone calls. Because voice recordings constitute personal data under the European Union’s (EU) General Data Protection Regulation (GDPR), international companies that communicate via telephone with EU customers will need to take steps to ensure GDPR compliance.

In this case, Denmark’s largest telecommunications company, TDC A/S, provided disclosures to its customers that calls may be recorded for training purposes, but the company offered no mechanism for customers to opt-in or opt-out of the recording. During one such call, the customer requested that the call not be recorded, but the service agent said there was no way to turn off the recording. The Denmark DPA rejected the company’s arguments that its recording practices served a legitimate interest, such as the improvement of its customer service, and concluded that the company’s telephone recording practices violated the GDPR.
Continue Reading  Denmark DPA Rules on How GDPR Applies to Voice Recordings

Following numerous privacy complaints, the State Office for Data Protection Supervision (BayLDA) recently conducted a random audit on 40 companies and found widespread problems with their cookie disclosures. The purpose of the audit was to determine whether website users were able to obtain transparent information regarding the use and tracking of their information by third-party

Since the General Data Protection Regulation (“GDPR”) took effect on May 25, 2018, US companies without facilities or employees in Europe have struggled to understand the extraterritorial scope of the GDPR. Under Article 3(2), US companies without an “establishment” in the EU are required to comply with the GDPR where their processing activities relate to the “offering of goods or services” to EU data subjects or where they “monitor” the behavior of EU data subjects. The meaning of these concepts is a particularly vexing question for US companies that have a website accessible to Europeans or have some European customers, but lack a physical presence in the EU.
Continue Reading  EDPB Draft Guidelines on Extraterritorial Scope of the GDPR Provide Few Clear Answers for US Companies

Ballard Spahr’s Privacy and Data Security Group will again be hosting its Colorado Cybersecurity Summit on September 18, 2018, at Ballard Spahr’s Denver office and via webinar.

Highlights will include a discussion with the Colorado Deputy Attorney General who will be responsible for enforcing Colorado’s groundbreaking new cybersecurity law, as well as the former Director

The online world is increasingly shaped by forces beyond our control.  Algorithmic processing agents are used by a wide range of web publishers, online retailers and social media companies to determine the kinds of stories that are feature to online readers, the advertisements that are targeted to online shoppers, and the search results they see,